Dispute Resolution Agreement. OWNER and DESIGN/BUILDER agree that they will first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by a mutually agreeable, impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules, prior to either of them initiating against the other a demand for arbitration pursuant to paragraph 15.01.B through 15.01.E, unless delay in initiating arbitration would irrevocably prejudice one of the parties. Any time limits within which to file a demand for arbitration shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until 10 days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed.
Dispute Resolution Agreement. 15.1 Any dispute between the parties arising from or in connection with the contract shall be finally resolved by way of a dispute resolution procedure administered by the Arbitration Foundation of Southern Africa (AFSA) in accordance with its Expedited Rules and the directions of its Secretariat, which shall be binding on the parties. (AFSA can be contacted at xxx.xxxxxxxxxxx.xx.xx, Telephone No. 000 000 0000 and Fax No. 000 000 0000 ; email: xxxxxx@ arbitration. co. za.)
15.2 The parties may agree, or the AFSA Secretariat may direct, that the dispute first be submitted to mediation in accordance with the AFSA Mediation Rules. In which case, if the dispute is not resolved within 20 business days thereafter, it shall proceed to arbitration, unless both parties agree to extend the mediation period and the AFSA Secretariat approves such extension. Where there is no agreement to mediate, and/or the AFSA Secretariat does not so direct, then the dispute shall be submitted directly to arbitration.
15.3 Where both parties are in agreement therewith, they may employ legal representatives to appear for them at any arbitration hearing. Where there is no such agreement, then legal representatives shall not be present at the hearing, unless the arbitrator otherwise directs in the special circumstances of the case.
15.4 Unless the parties otherwise expressly agree in writing, any dispute shall be resolved in accordance with the law of the Republic of South Africa and the seat of the arbitration will be in South Africa.
15.5 Any matter pertaining to the mediation, if applicable, or to the arbitration of any dispute herein, if not provided for by this agreement or by the AFSA Rules, shall be referred to the AFSA Secretariat, which shall issue appropriate directions which are binding on the parties.
Dispute Resolution Agreement. 7.1 In the event of any dispute, claim or controversy between the Bank and Employee, both parties agree to initially submit such dispute, claim or controversy to non-binding mediation, by a mediator mutually agreed upon by the Bank and Employee. The disputes, claims and controversies to be submitted to mediation include, but are not limited to, claims arising from the California Constitution; Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e); the California Fair Employment and Housing Act (Cal.Govt. Code §12900 et seq.); the Americans with Disabilities Act; the Age Discrimination in Employment Act (29 U.S.C. §§ 621-633a); the Older Workers’ Benefit Protection Act; and claims of intentional infliction of emotional distress; breach of contract including but not limited to this Agreement; breach of implied contract; or any other statute or common law principle of similar effect.
7.2 Either party may commence the non-binding mediation process called for in this Dispute Resolution Agreement by providing written notice upon the other party as set forth in paragraph 8.10 of this Agreement. The parties will then agree to submit the claim to a mediator mutually agreed upon by the Bank and Employee. The parties will cooperate with one another and with the non-binding mediator, in selecting a mediator, and in scheduling the mediation.
7.3 The Bank shall pay all of the fees and costs of the non-binding mediation and will pay for its own attorney’s fees and will not request any fees or costs from the Employee. Should the Employee retain legal counsel, the cost of such legal counsel shall be the sole responsibility of the Employee.
7.4 If the parties fail to resolve their dispute, claim or controversy in non-binding mediation as set forth in paragraphs 7.1-7.3, above, then the Bank and Employee agree to submit such dispute, claim or controversy to final and binding arbitration, by an arbitrator or association mutually agreed upon by the Bank and Employee. The disputes, claims and controversies to be submitted to arbitration include, but are not limited to, claims arising from the California Constitution; Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e); the California Fair Employment and Housing Act (Cal.Govt. Code §12900 et seq.); the Americans with Disabilities Act; the Age Discrimination in Employment Act (29 U.S.C. §§ 621-633a); the Older Workers’ Benefit Protection Act; and claims of intentional infliction of emotional distress; breach of con...
Dispute Resolution Agreement. A. OWNER and DESIGN/BUILDER agree that they will first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof (“disputes”), to mediation by a mutually agreeable, impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association (“AAA”) pursuant to its Construction Industry Mediation Rules, prior to either of them initiating against the other a demand for arbitration pursuant to paragraph 15.01.B through 15.01.E, unless delay in initiating arbitration would irrevocably prejudice one of the parties. Any time limits within which to file a demand for arbitration shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until 10 days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed.
B. All claims, disputes and other matters in question between OWNER and DESIGN/BUILDER arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 13.09) will be decided by binding arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect, subject to the limitations of this paragraph 15.01. The arbitrator shall have the discretion to award reasonable attorneys’ fees and costs to the prevailing party. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 15.01 will be specifically enforceable under the prevailing law of any court having jurisdiction.
C. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the designated arbitration entity. The demand for arbitration will be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.
D. Except as provided in paragraph 15.01.E below, no arbitration arising out of or relating to the Contrac...
Dispute Resolution Agreement. (i) The parties hereto that are also parties to the Dispute Resolution Agreement agree that, on and after the date hereof, CONA, in its individual capacity, shall be the successor by merger to COBNA, in its individual capacity, under the Dispute Resolution Agreement.
(ii) The parties hereto that are also parties to the Dispute Resolution Agreement agree that, on and after the date hereof, references to “Capital One Bank (USA), National Association” and the “Bank” in the Dispute Resolution Agreement, including all obligations, benefits, and requirements thereof, shall relate to CONA, as successor by merger to COBNA, in each case unless otherwise specified herein.
(iii) CONA, as successor by merger to COBNA, confirms and agrees to be bound by the terms of the Dispute Resolution Agreement on and after the date hereof in the same manner as COBNA was bound thereunder prior to the date hereof.
Dispute Resolution Agreement. (i) delivery of counterparts of this Agreement duly executed by the parties hereto; and
(ii) COBNA has been merged with and into CONA.
Dispute Resolution Agreement. A. The following procedures shall govern the resolution of any controversy, dispute or claim between or among PYT and TUSD (each, a “Party” and collectively, the “Parties”) arising out of the interpretation, performance, breach or alleged breach of this Agreement (“Dispute”):
a. The Parties shall promptly attempt to resolve any Dispute by negotiation between individuals who have authority to settle the Dispute. In the case of PYT, such individual shall be the Chair of the Tribal Council of the Xxxxxx Yaqui Tribe, or their designee. In the case of TUSD, such individual shall be the Superintendent or designee. Any Party may give the other Party written notice, in accordance with Section VIII of this Agreement, of any Dispute not resolved in the ordinary course of business. Within thirty (30) calendar days after delivery of the notice, each receiving Party shall submit to the other Party a written response. The notice and response shall include: (a) a statement of that Party’s position and a summary of arguments supporting that position, and (b) the name and title of the individual who will represent that Party for the purpose of attempting to resolve the Dispute by negotiation.
b. Within sixty (60) calendar days after delivery of the initial notice, the Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute.
c. Each Party is required to continue to perform its obligations under this Agreement pending final resolution of any Dispute, unless the party reasonably believes that continued performance will subject the Party to legal liability.
d. If the Dispute has not been resolved by negotiation within one hundred and twenty (120) calendar days after delivery of the initial notice of negotiation, or if the Parties failed to meet within sixty (60) calendar days after delivery of the initial notice of negotiation, either Party may give notice of Termination of the Agreement.
Dispute Resolution Agreement. In exchange for the consideration set forth in the Amended Agreement, Xxxxxxx X. Xxxxxxxx (“Executive”), Popular, Inc. (“PI”), Banco Popular de Puerto Rico (“BPPR”) and Banco Popular North America (“BPNA”; PI , BPPR and BPNA, collectively, the “Company”) agree that in the event employment disputes arise between them, they will be bound by the dispute resolution procedures set forth below. Further, if there is any conflict or ambiguity between this Dispute Resolution Agreement (“DR Agreement”) and any other Company policy, procedure or rule, the terms and conditions of this DR Agreement shall govern. In order to establish and gain the benefits of a timely, impartial and cost-effective dispute resolution procedure, the Company and Executive desire to enter into this DR Agreement.
Dispute Resolution Agreement. You will remain subject to the terms and conditions of your Dispute Resolution Agreement dated February 21, 2020 (“DR Agreement”), entered into between you and the Company.
Dispute Resolution Agreement. 1.1 Should any dispute arise from or in connection with the Contract, including any dispute regarding the validity, enforceability or interpretation of the Contract, the parties shall (must) try to resolve the dispute by negotiation. This entails that one party inviting the other in writing to a meeting aimed at resolving the dispute with in 10 (ten) days from the date of the written invitation, or such further period agreed to in writing between the parties.
1.2 If the dispute has not been resolved by such negotiation, the parties shall (must) submit the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation in accordance with its Mediation Rules by a mediator appointed by agreement between the parties from AFSA’s panel of commercial mediators.
1.3 If the parties are unable to agree on the appointment of a mediator from AFSA’s panel of commercial mediators within 10 (ten) days from the expiry of the ten-day period provided for in subclause 1.1 above, the AFSA Secretariat shall (must) appoint a mediator from its panel of commercial mediators to conduct the mediation in accordance with its Mediation Rules.
