Dispute Process. In the event of any Dispute, the Parties agree that prior to commencing litigation, they shall undertake a process to promote the resolution of a Dispute in the following order:
a) first, by negotiation;
b) second, by way of Mediation; and
c) third, by Xxxxxxxxxxx, if mutually agreed to in writing at the time of the Dispute, by the Parties; Negotiation, Mediation or Arbitration shall refer to, take into account, and apply the intentions and principles stated by the Parties within the Agreement to which this Schedule is attached.
Dispute Process. Administrative functions under the Process shall be performed through the offices of the President and/or Secretary-Treasurer of the Illinois AFL-CIO, or their designated representative, called the Administrator. In no event shall any officer, employee, agent, attorney, or other representative of the Illinois AFL-CIO be subject to any subpoena to appear or testify at any jurisdictional dispute hearing.
Dispute Process. (a) The Parties will use commercially reasonable efforts to resolve expeditiously and on a mutually acceptable negotiated basis any dispute or disagreement between the Parties arising out of or relating to this Agreement or any Ancillary Agreements (other than a Third-Party Claim) (a “Dispute”) exclusively (except as otherwise expressly provided in this Agreement) as follows: (i) first, by engaging in an informal dispute resolution process with the possibility of mediation as provided in Section 8.2; and (ii) then, if negotiation and mediation fail, by referring the Dispute to binding arbitration as provided in Section 8.3. Each Party agrees on behalf of itself and each member of its respective Group that the procedures set forth in this Article VIII will be the exclusive means for resolution of any Dispute. The initiation of informal dispute resolution or arbitration hereunder will toll the applicable statute of limitations for the duration of any such proceedings.
(b) Within five Business Days after the date hereof TriMas and Horizon will form a steering committee (the “Steering Committee”), which will be comprised of four members, two of whom will be appointed by TriMas and two of whom will be appointed by Horizon. The Parties will use commercially reasonable efforts to cause their respective members of the Steering Committee to make a good faith effort to promptly (i) resolve all Disputes referred to the Steering Committee pursuant to Section 8.2. Steering Committee decisions made with the consent of at least three members will be binding on TriMas, Horizon and their respective Group members.
Dispute Process. (a) A party raising a Dispute under this Agreement (Initiating Party) must give the other party (Recipient Party) a notice setting out brief details of the Dispute (Dispute Notice).
(b) Within 5 Business Days of service of a Dispute Notice, the Recipient Party must give the Initiating Party a notice setting out brief details of the Recipient Party’s position in respect of the Dispute (Reply Notice).
(c) Within 10 Business Days of service of a Reply Notice, senior representatives from each party, with authority to settle the Dispute, will meet and use reasonable endeavours acting in good faith to resolve the Dispute by joint discussions.
(d) If the Dispute is not resolved within 20 Business Days after the date of the Reply Notice, the dispute must, unless the parties agree otherwise, be submitted to mediation in accordance with the following:
(i) the dispute will be referred to formal mediation in Queensland to be mediated by a single mediator appointed by agreement of the parties or if they fail to agree within 3 Business Days, a mediator appointed by either:
(A) the President of the Queensland Chapter of the Institute of Arbitrators and Mediators of Australia (IAMA); or
(B) the Chief Executive Officer of Grain Trade Australia (GTA).
(e) Unless the parties agree otherwise, a mediation conducted by a mediator appointed by IAMA will be conducted under the IAMA Mediation Rules and a mediation conducted by a mediator appointed by GTA will be conducted under the GTA Trade and Dispute Resolution Rules (whether or not the mediator is a legal practitioner).
(f) The parties may appoint a person, including a legally qualified person to represent it or assist it in the mediation.
(g) The costs of the mediator will be borne equally by the parties with each party to bear their own costs relating to the preparation for and attendance at the mediation.
(h) The mediation process will terminate within 20 Business Days of the appointment of the mediator, upon which either party will be entitled to commence court proceedings in relation to the dispute.
(i) Nothing in this clause prevents a party seeking urgent injunctive or similar interim relief from a Court.
Dispute Process. 29.1 The Parties agree that any dispute (including an alleged breach of, or default under, any Transaction) will be determined in terms of this clause by written notice given to the other Party in accordance with provisions of the Commercial Code Act - 1977 (S.I. 95 of 1976) of the Republic of Seychelles by an arbitrator or arbitrators nominated by the Parties.
29.2 This clause shall not preclude either Party from obtaining urgent relief from a court of competent jurisdiction.
29.3 The Parties hereby consent to the arbitration being dealt with on an urgent basis in terms of the Rules of AFSA should either Party, by written notice require the arbitration to be held on an urgent basis. In such event the Parties agree to apply jointly to the AFSA Secretariat as required in terms of the said Rules to facilitate such urgent arbitration.
29.4 The arbitrator shall be, if the matter in dispute is principally -
(a) a legal matter, a practising advocate or attorney of Victoria, Republic of Seychelles of at least fifteen years’ standing;
(b) an accounting matter, a practising chartered accountant of Victoria, Republic of Seychelles of at least fifteen years’ standing;
(c) any other matter, any independent person, agreed upon between the Parties.
29.5 Should the Parties to the dispute fail to agree whether the dispute is principally a legal, accounting or other matter within seven days after the arbitration was demanded, the matter shall be deemed to be a legal matter.
29.6 Should the Parties fail to agree on an arbitrator within fourteen days after the giving of notice in terms of clause 29.1, the arbitrator shall be appointed at the request of either Party to the dispute.
29.7 The decision of the arbitrator shall be final and binding on the Parties to the dispute and may be made an order of the court referred to in clause 29.8 at the instance of any of the parties to the dispute.
29.8 The Parties hereby consent to arbitration being held in Victoria, Republic of Seychelles and to the jurisdiction of the High Court of Seychelles in respect of the proceedings referred to in clause 29.2.
29.9 The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.
29.10 The provisions of this clause are severable from the rest of this Agreement and shall remain in effect despite the termination of ...
Dispute Process. During any Dispute, including a Dispute as to the validity of the Contract, it is agreed that the Supplier shall continue its performance of the provisions of the Contract (unless the Authority requests in writing that the Supplier does not do so).
Dispute Process. If the EE Developer believes there is an error in the detailed summary of the Avoided Energy Use provided by the City for a particular billing cycle, then EE Developer shall notify the City of the potential error (including a reasonably detailed description of the nature and effect of the error), within thirty (30) days after receiving the detailed summary for that billing cycle. Failure to provide notice to the City will waive the EE Developer’s ability to dispute that particular PPA Payment. The City will review the Avoid Energy Use calculation and claimed discrepancy and notify the EE Developer whether any adjustments to the Avoided Energy Use are needed. Any payment adjustments made as result of this investigation will be retroactively corrected on subsequent EE Developer payments. If the Parties are unable to resolve the dispute within sixty (60) days after their initial notification, Parties will attempt to resolve the dispute through mediation. If the dispute is not resolved by mediation either applicable Party may proceed to seek any remedy that may be available to that Party at law or in equity (provided that any such remedies shall be limited as provided in this Agreement).
Dispute Process. If the Participant believes that there is an error in the Energy Efficiency Service Fee bill or the summary of the Avoided Energy Use, Participant must notify City of the perceived error (including a reasonably detailed description of the nature and effect of the error), within thirty (30) days after receiving the detailed summary for that billing cycle. Failure to provide this notice to City will waive Participant’s claim and Participant will be responsible for full and prompt payment of all billed expenses. If the Parties are unable to resolve the dispute within sixty (60) days after their initial meeting, Parties will attempt to resolve the dispute through mediation. If the dispute is not resolved by mediation either applicable Party may proceed to seek any remedy that may be available to that Party at law or in equity, subject to limitations and waivers set out in this Agreement.
Dispute Process. If you have a dispute with us relating to any matter, you agree to first notify Company customer service at the number listed on your invoice or to write us at 0000 X. 000xx Xxxxxx, Xxxxxxxx Xxxx, XX 00000, Attn: Assistant General Counsel - Commercial Law, in an attempt to resolve your dispute. You must describe your dispute with specificity and provide us with any supporting documentation. If we have a dispute with you, it will notify you in writing sent to your billing address in an attempt to resolve the dispute. If after following this process, either party is unable to resolve its dispute within 60 days of notifying the other party, either party may take the dispute to small claims court, if appropriate under applicable state or local rules or laws. Alternatively, either party may pursue the dispute only as set forth below.
Dispute Process. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department or through our website. If the customer service department is unable to resolve a complaint you may have to your satisfaction or if CenturyLink has not been able to resolve a dispute it has with you after attempting to do so informally, then we each agree to resolve those disputes through binding arbitration or small claims court, instead of in courts of general jurisdiction.
