Common use of Dispute Resolution and Arbitration Clause in Contracts

Dispute Resolution and Arbitration. 20.1 In the event of any dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that in the first place they shall meet for good faith discussions in an attempt to negotiate an amicable solution. 20.2 Any dispute arising between the Parties out of or in connection with this Agreement, or the interpretation, breach or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from the first appearance of such dispute, shall be finally resolved by binding arbitration. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to all of the other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rules, and shall be held in PARIS, FRANCE. The arbitrators shall have the authority to grant specific performance, and to allocate among the parties the costs of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this section. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In the event of any 23.1 If a dispute arising arises between the Parties concerning relating to the existence, negotiation, validity, formation, interpretation, breach, performance or application of this Agreement, GENTA JAGO and KRYPTON agree that the Parties shall use the following procedure in the first place they shall meet for good faith discussions in an attempt prior to negotiate an amicable solutioneither Party pursuing judicial remedies. 20.2 23.2 Each Party shall notify the other Party of the dispute in accordance with Article 24, The Parties shall use good faith efforts to resolve such dispute within thirty (30) days after delivery of such notice, which good faith efforts shall include at least one in-person meeting between representatives of each Party having decision-making authority (subject only to Flexion’s Board of Directors’ or equivalent approval, if required). All discussions under this Article 23 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 23.3 Any dispute arising between the Parties out of or in connection with this Agreementrelating to the existence, or the negotiation, validity, formation, interpretation, breach breach, performance or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from the first appearance application of such dispute, this Agreement shall be finally resolved settled by binding arbitration in accordance with the ICC rules of arbitration. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to all of the other Parties. Any arbitration hereunder A sole arbitrator shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rules, and ICC rules of arbitration. The place of arbitration shall be held in PARIS, FRANCELondon. The arbitrators language used in the arbitration proceedings shall have be English. The arbitration shall be governed by the authority Arbitration Xxx 0000 to grant specific performance, the exclusion of any inconsistent state laws and to allocate among the parties the costs of arbitration in such equitable manner as they determine. Judgment upon judgment on the award so rendered by the arbitration may be entered in by any court having jurisdiction jurisdiction. Nothing in this Section 23.3 will preclude either Party from seeking equitable relief in accordance with Section 10.6 or application may be made to such interim or provisional relief from a court for judicial acceptance of any award so rendered and an order of enforcementcompetent jurisdiction, as the case may be. Whether including a claimtemporary restraining order, dispute preliminary injunction or other matter in question would be barred by interim equitable relief, concerning a dispute either prior to or during any arbitration if necessary to protect the applicable interests of such Party or to preserve the status quo pending the arbitration proceeding. The statute of limitations, which also limitations of England and Wales applicable to the commencement of a lawsuit shall apply to any the commencement of arbitration under this section, shall be determined by binding arbitration pursuant to this sectionSection 23.3. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In Except as provided in Section 26.3, in the event of any controversy or dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that in the first place they shall meet for good faith discussions in an attempt to negotiate an amicable solution. 20.2 Any dispute arising between the Parties out of or in connection with relating to any provision of this Agreement, or the interpretationconstruction, validity or breach or enforcement thereofthereof (a “Dispute”), which cannot be the Parties shall try to settle the Dispute amicably resolved pursuant between themselves, through the Steering Committee and/or Executive Sponsors. If the Parties fail to Section 20.1 above settle such Dispute within two thirty (230) months as from the first appearance days after written notice of such disputeDispute by one Party to the other Party, shall such matter may be referred by either Party to be exclusively and finally resolved by binding arbitration in accordance with the following provisions. Either Party may demand in writing such arbitration by sending a notice to arbitrate to the other Party and to the American Arbitration Association (the “AAA”), which shall administer the arbitration under its Commercial Arbitration Rules then in effect. In no event may any demand for arbitration be filed after the running of any applicable statute of limitation. The arbitration shall be held at the AAA’s offices located in the State of New York. The law applicable to the arbitration, including the administration and enforcement thereof, shall be the Federal Arbitration Act (9 USC §§1-16), as amended. Whenever a This agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. For all Disputes, each Party shall decide select a neutral third party arbitrator, and the two Party-chosen arbitrators shall select a third neutral arbitrator who shall chair the arbitration panel. The arbitration shall be governed by the express terms of this Agreement and the laws of the State of Delaware. The arbitral panel shall have the power to institute grant monetary damages as well as injunctive or other specific relief. Notwithstanding the foregoing, each Party shall have the right to seek, without establishment of the arbitral panel, injunctive or other provisional relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm or preserve the subject matter of a Dispute. Each Party shall bear its own costs and expenses and attorneys’ fees, and the arbitral panel may, in its discretion, require the non-prevailing Party to pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party (in proportion to the extent to which the prevailing Party actually prevailed, given all of the monetary and non-monetary claims included within such arbitration), and the other Party shall pay the remainder of such arbitrators’ fees and administrative fees of arbitration; provided that, will respect to any claim brought by Mxxxx against Medtronic for breach of Section 3.1, 8.1, or 18.2(a) of this Agreement, the arbitral panel will require that the non-prevailing Party pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party. Any award or portion thereof, whether preliminary or final, shall be in writing, signed by the arbitral panel, and shall state the reasons upon which the award or portion thereof is based. The award rendered by the arbitral panel shall be final and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. The Parties and the arbitral panel shall treat all aspects of the arbitration proceedings, it shall give written notice to that effect to all of the including discovery, testimony, other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rulesevidence, briefs, and shall be held in PARISthe award, FRANCE. The arbitrators shall have as strictly confidential, not subject to disclosure to any third party or entity, other than to the authority to grant specific performanceParties, the arbitral panel, and to allocate among the parties AAA. These arbitration provisions shall survive the costs termination or expiration of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionAgreement. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In Any dispute between you and Tesla that is not resolved through negotiation will be resolved by binding, confidential arbitration. The governing law, location of arbitration, and exclusive venue for any litigation may vary depending on your region and are specified in the event of any dispute arising between the Parties concerning Region Addendum to this Agreement, GENTA JAGO . This Agreement (and KRYPTON agree that your access to and use of the Site and Content) is governed by the substantive laws of the jurisdiction indicated in the first place they shall meet Region Addendum for good faith discussions in an attempt your region, without regard to negotiate an amicable solution. 20.2 any provision relating to conflicts of laws. Any dispute arising between the Parties out of or in connection with this Agreementyou and Tesla that is not resolved through negotiation will be resolved by binding, or the interpretation, breach or enforcement thereof, which cannot be amicably resolved pursuant to Section 20.1 above within two (2) months as from the first appearance of such dispute, confidential arbitration . There shall be finally resolved by binding arbitrationa single arbitrator. Whenever a Party Arbitration shall decide to institute arbitration proceedings, it shall give written notice to that effect to all of the other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted occur in the English language by a panel of three (3) arbitrators appointed language. Each party shall bear its own costs in accordance with such rules, and shall be held in PARIS, FRANCEthe arbitration unless the arbitrator awards costs to one party. The arbitrators arbitrator: (a) shall determine issues of arbitrability; (a) may award attorney fees to the prevailing party; (c) will not have any right or authority: (i) in excess of the authority that a court of competent jurisdiction in the venue indicated in the Region Addendum for your region would have absent this agreement to grant specific performancearbitrate; (ii) to award damages greater or different than the amounts and types permitted in this Agreement; (iii) to modify this Agreement; or (iv) to combine your claims together with the claims of any other person or class unless Tesla expressly consents in writing to such combination. Within 30 days after completion of the hearing, and to allocate among the parties arbitrator shall issue a written award which states the costs of arbitration in such equitable manner as they determinereasoning on which it is based. Judgment upon the award so rendered may be entered in any court having of competent jurisdiction. Subject to the agreement to arbitrate, the parties consent for all litigation and entry of judgment to the jurisdiction of the courts indicated in the Region Addendum for your region, and the parties waive objections to jurisdiction and venue in such courts. Any party may apply at any time to a court of competent jurisdiction for injunctive relief or application may be made interim or conservatory measures, and by doing so will not breach or waive its agreement to such court for judicial acceptance of any award so rendered and an order of enforcement, as arbitrate or impair the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionarbitrator’s powers. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.

Dispute Resolution and Arbitration. 20.1 In the event (a) Each and every controversy or claim arising out of or relating to this Agreement and/or any dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that document executed or delivered in the connection herewith shall first place they shall meet for be addressed through good faith discussions in an attempt between the parties to negotiate an amicable solutionresolve such dispute. 20.2 Any (b) Except for those matters in dispute arising between the Parties parties which pursuant to the express provisions of this Agreement are to be submitted for conclusive resolution by an independent public accounting firm jointly selected by SmartPros and Loscalzo, in the event that any controversy or claim arising out of ox xx xxxating to this Agreement and/or any document executed or delivered in connection with this Agreement, or the interpretation, breach or enforcement thereof, which herewith cannot be amicably resolved between the parties within thirty (30) days of written notice thereof despite their good faith efforts pursuant to Section 20.1 above within two (2a) months as from the first appearance of above, such dispute, controversy or claim shall be finally resolved settled by binding arbitration. Whenever a Party shall decide to institute arbitration proceedings, it shall give written notice to that effect to all in accordance with the commercial rules of the other Parties. Any arbitration hereunder shall be conducted under American Arbitration Association, in New York, New York and judgment upon the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any award rendered in such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rules, final and shall be held in PARIS, FRANCE. The arbitrators shall have the authority to grant specific performance, and to allocate among binding upon the parties the costs of arbitration in such equitable manner as they determine. Judgment upon the award so rendered and may be entered in any court having jurisdiction or application may thereof. Notice of the demand for arbitration shall be made filed in writing with the other party to this Agreement, which such court for judicial acceptance of demand shall set forth the claims to be submitted to arbitration. Notwithstanding the foregoing, this agreement to arbitrate shall not bar any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute party from seeking injunctive relief or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this section. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or temporary relief in any court of competent jurisdiction and such relief may be sought prior to any good faith discussions between the parties to attempt to resolve such dispute. This agreement to arbitrate may be specifically enforced by a court having of competent jurisdiction under the applicable law of the State of New York pertaining to arbitrations. The rules of the American Arbitration Association concerning commercial disputes shall be applicable to any such arbitration proceeding except as they may be modified by the terms of this Agreement. (c) The arbitrators shall have the authority and jurisdiction to enter any preliminary award that would aid and assist the conduct of the arbitration or preserve the parties' rights with respect to the arbitration as the arbitrators shall deem appropriate in their discretion. The award of the arbitrators shall be in writing and it shall specify in detail the issues submitted to arbitration and the award of the arbitrators with respect to each of the issues so submitted. The parties hereby agree that any such arbitration award shall be final and binding on all parties hereto, and shall be enforceable by any court of competent jurisdiction. (d) Counsel to the parties in connection with the negotiation of and consummation of the transactions under this Agreement shall be entitled to represent their respective party in any and all Proceedings under this Section or in any other Proceeding. The parties hereto waive the right and agree they shall not seek to disqualify any such counsel in such Proceedings for any reason, including but not limited to the fact that such counsel or any member thereof may be a witness in any such Proceedings or possess or have learned of information of a confidential or financial nature of the party whose interests are adverse to the party represented by such counsel in any such Proceedings.

Dispute Resolution and Arbitration. 20.1 In Except as provided in Section 26.3, in the event of any controversy or dispute arising between the Parties concerning this Agreement, GENTA JAGO and KRYPTON agree that in the first place they shall meet for good faith discussions in an attempt to negotiate an amicable solution. 20.2 Any dispute arising between the Parties out of or in connection with relating to any provision of this Agreement, or the interpretationconstruction, validity or breach or enforcement thereofthereof (a “Dispute”), which cannot be the Parties shall try to settle the Dispute amicably resolved pursuant between themselves, through the Steering Committee and/or Executive Sponsors. If the Parties fail to Section 20.1 above settle such Dispute within two thirty (230) months as from the first appearance days after written notice of such disputeDispute by one Party to the other Party, shall such matter may be referred by either Party to be exclusively and finally resolved by binding arbitration in accordance with the following provisions. Either Party may demand in writing such arbitration by sending a notice to arbitrate to the other Party and to the American Arbitration Association (the “AAA”), which shall administer the arbitration under its Commercial Arbitration Rules then in effect. In no event may any demand for arbitration be filed after the running of any applicable statute of limitation. The arbitration shall be held at the AAA’s offices located in the State of New York. The law applicable to the arbitration, including the administration and enforcement thereof, shall be the Federal Arbitration Act (9 USC §§1-16), as amended. Whenever a This agreement to arbitrate shall be specifically enforceable in any court of competent jurisdiction. For all Disputes, each Party shall decide select a neutral third party arbitrator, and the two Party-chosen arbitrators shall select a third neutral arbitrator who shall chair the arbitration panel. The arbitration shall be governed by the express terms of this Agreement and the laws of the State of Delaware. The arbitral panel shall have the power to institute grant monetary damages as well as injunctive or other specific relief. Notwithstanding the foregoing, each Party shall have the right to seek, without establishment of the arbitral panel, injunctive or other provisional relief from a court of competent jurisdiction that may be necessary to avoid irreparable harm or preserve the subject matter of a Dispute. Each Party shall bear its own costs and expenses and attorneys’ fees, and the arbitral panel may, in its discretion, require the non-prevailing Party to pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party (in proportion to the extent to which the prevailing Party actually prevailed, given all of the monetary and non-monetary claims included within such arbitration), and the other Party shall pay the remainder of such arbitrators’ fees and administrative fees of arbitration; provided that, will respect to any claim brought by Xxxxx against Medtronic for breach of Section 3.1, 8.1, or 18.2(a) of this Agreement, the arbitral panel will require that the non-prevailing Party pay the arbitrators’ fees and any administrative fees of arbitration, reasonable attorneys’ fees and costs to the prevailing Party. Any award or portion thereof, whether preliminary or final, shall be in writing, signed by the arbitral panel, and shall state the reasons upon which the award or portion thereof is based. The award rendered by the arbitral panel shall be final and judgment may be entered upon it in accordance with applicable law in any court of competent jurisdiction. The Parties and the arbitral panel shall treat all aspects of the arbitration proceedings, it shall give written notice to that effect to all of the including discovery, testimony, other Parties. Any arbitration hereunder shall be conducted under the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Any such arbitration shall be conducted in the English language by a panel of three (3) arbitrators appointed in accordance with such rulesevidence, briefs, and shall be held in PARISthe award, FRANCE. The arbitrators shall have as strictly confidential, not subject to disclosure to any third party or entity, other than to the authority to grant specific performanceParties, the arbitral panel, and to allocate among the parties AAA. These arbitration provisions shall survive the costs termination or expiration of arbitration in such equitable manner as they determine. Judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award so rendered and an order of enforcement, as the case may be. Whether a claim, dispute or other matter in question would be barred by the applicable statute of limitations, which also shall apply to any arbitration under this section, shall be determined by binding arbitration pursuant to this sectionAgreement. 20.3 Notwithstanding anything contained in this Article 20, either Party may seek preliminary or injunctive measures or relief in any competent court having jurisdiction.