DISPUTE DETERMINATION. ANY DISPUTE BETWEEN YOU AND A XX XXXXXX ENTITY DIRECTLY OR INDIRECTLY BASED UPON, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH XX XXXXXX’X BUSINESS, ANY OBLIGATION, THIS AGREEMENT, ANY CLAIM BY YOU AGAINST A XX XXXXXX ENTITY OR ANY CLAIM BY A XX XXXXXX ENTITY AGAINST YOU (REFERRED TO COLLECTIVELY HEREIN AS A “DISPUTE”) SHALL BE DETERMINED BY LITIGATION IN A COURT EXCEPT THAT WITH RESPECT TO DISPUTES WHICH ARE ELIGIBLE FOR ARBITRATION PURSUANT TO FINRA RULE 10101 AND/OR THE RULES OF THE NYSE, AS ADOPTED BY FINRA, EITHER PARTY RETAINS THE RIGHT TO PROCEED BY OR COMPEL ARBITRATION. IF EITHER PARTY CHOOSES TO PROCEED BY ARBITRATION, YOU AND XX XXXXXX AGREE TO THE PROCEDURES, AND TO ABIDE BY THE REQUIREMENTS, LISTED IN SECTION 20 BELOW. SHOULD EITHER PARTY CHOOSE TO PROCEED BY LITIGATION, YOU AND XX XXXXXX AGREE TO FOLLOW THE PROCEDURES, AND TO ABIDE BY THE REQUIREMENTS, LISTED IN THIS SECTION 19. IF THIS SECTION 19 OR SECTION 20 IS INCONSISTENT WITH THE PROVISIONS OF ANY OTHER AGREEMENT, THIS SECTION 19 AND SECTION 20 SHALL PREVAIL; PROVIDED, HOWEVER, IF THE DISPUTE ARISES SOLELY WITH RESPECT TO A TRANSACTION ARISING UNDER A GOVERNING AGREEMENT, YOU AND XX XXXXXX AGREE TO FOLLOW THE PROCEDURES, AND ABIDE BY THE REQUIREMENTS, LISTED IN SUCH GOVERNING AGREEMENT.
DISPUTE DETERMINATION. If Xxxxxx refused to fulfill the "Trade Assurance Terms", Buyer may submit a request to Xxxxxxx.xxx for dispute determination in accordance with the terms of " Trade Assurance Services Rules ". Each of the Buyer and Xxxxxx agrees to abide by the terms and conditions of the " Trade Assurance Services Rules " (including those versions updated from time to time).
DISPUTE DETERMINATION. Any dispute on any matter arising out of or pursuant to the Agreement shall be solved in the following manner. All disputes arising in connection with the Agreement which cannot be settled by proper and continuous discussion between the parties shall be referred to the Chief Executives of the parties for negotiation. If resolution cannot then be achieved within a reasonable time and to the mutual satisfaction of the parties, the dispute may be submitted by either party to any court having jurisdiction to settle the matter.
DISPUTE DETERMINATION. (a) If you are dissatisfied with any part of the work we provided, you must give RPtecture Architects written notice specifying the matters about which you are dissatisfied before taking any remedial action.
(b) Within 28 days of giving the notice, the Client and RPtecture Architects shall meet to attempt to resolve the matters.
(c) If at the expiration of 28 days from the giving of the notice any dispute, controversy or claim arising out of the matters shall remain unresolved, the matters shall be the subject of a mediation to be conducted by a mediator appointed by agreement between you and RPtecture Architects or appointed by the Chairperson of The Institute of Arbitrators & Mediators Australia, with the cost of such mediation shared equally by both parties. Alternatively, the matter will be resolved in VCAT.
(d) In the event that the matter has not been resolved within 28 days after the appointment of a mediator, such dispute, controversy or claim may be submitted to litigation.
(e) All related legal charges to represent the architect’s case will be bored by the clients if the architect is not found at fault.
(f) Neither the client or Rptecture will disparage or denigrate the other at the social media platform locally or overseas, directly or indirectly.
DISPUTE DETERMINATION. 5.1 If K20AU and the Subconsultant are in dispute regarding any matter arising out of the Agreement, then either party may by notice in writing served on the other require that such dispute be resolved by the determination of an independent third party acceptable to both parties. If the parties cannot agree on an independent third party within seven (7) days of the date of service of the notice then either party may request the President of the Australian Institute of Arbitrators, to nominate the third party. The third party who has been agreed upon or appointed shall act as an expert and not as an arbitrator and their decision shall be final and binding upon K20AU and the Subconsultant.
DISPUTE DETERMINATION a. A party to this Agreement may not commence legal proceedings, except proceedings seeking urgent interlocutory relief, in respect of any disputes in relation to this Agreement without first complying with the dispute resolution procedures in this clause.
b. If a dispute arises between the Partners, the parties to the dispute undertake in good faith to use all reasonable endeavours to settle the dispute by negotiation or mediation.
c. If a dispute is not settled by the parties in accordance with clause 11(b) within a reasonable time of notification of dispute by either party, then: the parties will endeavour to settle the dispute by mediation;
d. the parties agree to select a mediator within 14 days of the date of notice of intention to mediate and if none can be agreed then the parties agree to the appointment of the mediator by Lawyers Engaged in Alternative Dispute Resolution (LEADR) — Association of Dispute Resolvers; and
e. the parties will share the cost of the mediator equally, but will each be responsible for their own costs of mediation.
f. If the dispute cannot be resolved in accordance with clause 11(c)(i) either party may by notice in writing of not less than 14 days to the other, the parties must refer the dispute to legal action and service of such notice under this sub-clause is a condition precedent to the commencement of any litigation proceedings in respect of such dispute.
g. This clause survives termination of the Rental Agreement.
DISPUTE DETERMINATION. In the event that the participants are unable to reach agreement as to any the forgoing requirements respecting new extensions or additions to the Facilities within Section 3(c) or Section 4 above so as to facilitate the provision of Services to any new subdivision or development or both or portions of the Franchise Area:
(a) the County may apply to the Alberta Utilities Commission for such order or direction as the Alberta Utilities Commission may deem necessary or warranted; or
(b) in the absence of such application, the dispute preventing the completion of all arrangements necessary to facilitate the provision of Services to the new subdivision or development or both may be determined by Dispute Resolution Procedure.
DISPUTE DETERMINATION. DRAFT
(a) In the event of a dispute respecting the settlement of the purchase price for the Facilities payable by the County or the terms under which the Facilities will be transferred which has not been resolved through the negotiation and mediation procedures of Schedule F-2 (Dispute Resolution Procedure) (provided that the arbitration procedure of Schedule F-2 shall not apply to such dispute, subject to paragraph (b) below), the matters in dispute shall be determined by the Alberta Utilities Commission, or its successor tribunal or authority, in accordance with Section 47(4) of the Municipal Government Act, as amended or replaced from time to time. The order or written direction of the Alberta Utilities Commission shall be final and binding upon the Parties as to the matter in dispute and falling within the above-noted jurisdiction the Alberta Utilities Commission.
(b) In the event of a dispute respecting the settlement of the purchase price for the Facilities payable by the County or the terms under which the Facilities will be transferred which the Alberta Utilities Commission has refused to determine, such dispute shall be submitted for resolution pursuant to the arbitration procedure of Schedule F-2 (Dispute Resolution Procedure), it being agreed by the Parties that the arbitral decision shall be final and binding upon the Parties as to such matters in dispute.
DISPUTE DETERMINATION. 12.1 It is acknowledged between the parties that any dispute arising between the parties in relation to this Agreement (the “Disputed Matters”) shall be dealt with strictly in accordance with the procedure and timetable set out in Clause 12.2 below.
12.2 Any Disputed Matters shall:
12.2.1 be referred to the first meeting of the Master Plan Board following the Disputed Matter arising for discussion and resolution by the Master Plan Board; and
12.2.2 where the Master Plan Board are not able to resolve the Disputed Matters within 20 working days of such referral the Disputed Matter shall be referred to the escalation procedure set out in Clause 12.3.
12.3 Where a Disputed Matter is referred to the escalation procedure under this Clause 12 the persons listed in Clause 12.4 (the “Executive Group”) shall meet as soon as reasonably practicable to discuss the Disputed Matter and attempt to resolve the Disputed Matter. The Council and THT shall each procure that their respective representatives on the Executive Group shall cooperate and act in good faith with a view to resolving the Disputed Matter as soon as reasonably possible.
12.4 The Executive Group shall be:
12.4.1 [ ] of the Council;
12.4.2 [ ] of THT; or such other persons (of at least equivalent seniority) as shall from time to time be notified by the Council or THT to the other by at least five working days notice in writing.
12.5 Where following the escalation procedure set out in Clause 12.3 the Executive Group are not able to resolve the Disputed Matter within 20 working days of the Disputed Matter being referred to them then a Deadlock Event shall be deemed to have occurred.
DISPUTE DETERMINATION. 16.1 If any dispute arises between the parties in relation to this Agreement, the parties shall endeavour to resolve that dispute by negotiation in good faith.
16.2 If the dispute is not mutually resolved within one (1) calendar month of a party serving on the other party a written dispute notice, each party must nominate one senior representative each who shall meet as soon as practicable for the purpose of endeavouring to resolve the dispute.
16.3 If the said senior representatives cannot resolve the dispute, then either party may by written notice to the other party require that the matter be referred to mediation.
16.4 The mediator may be agreed by the parties, or failing agreement, shall be a person nominated by the President for the time being of the Law Institute of Victoria.
16.5 The parties shall bear their own costs of any mediation and shall share equally the cost of the mediator and other necessary mediation expenses.
16.6 The mediation will be conducted without prejudice and in confidence.
16.7 If the dispute is not resolved by mediation the parties may take such other action as they consider appropriate.
16.8 The operation of this clause 16 does not preclude a party from applying for and obtaining interlocutory relief.
