Dispute Resolution and Attorney’s Fees. If a dispute arises out of this Agreement, both parties will meet to resolve it. If an agreement is not reached at this meeting, a party may employ the American Arbitration Association, or any other arbitration panel mutually agreed upon by the parties to arbitrate the dispute. The arbitration results are binding upon both parties, and the arbitrator is authorized to file the decision in the applicable court of jurisdiction. The arbitrator will award the prevailing party reasonable attorney's fees and costs.
Dispute Resolution and Attorney’s Fees. If there is any dispute arising from or related to this Agreement, the parties shall participate in non-binding mediation before filing any court action or arbitration proceeding based on that dispute. If any party seeks to enforce or protect its rights under this Agreement in any judicial proceeding or arbitration, the prevailing party shall be entitled to receive from the other party payment of its costs and expenses, including reasonable attorneys’ fees incurred (whether such costs or fees are incurred before or after the commencement of the proceeding), including any and all appeals or petitions therefrom.
Dispute Resolution and Attorney’s Fees. This Agreement has been consummated in Washington County, Pennsylvania. In the event an action or proceeding is instituted by any party hereto to enforce, defend, or interpret this Agreement or to resolve disputes or assert claims arising under or in connection with this Agreement, including without limitation, breach thereof, (“Disputes”), such legal or equitable action must be maintained in the courts of Washington County, Pennsylvania. TENANT irrevocably consents to the exercise of personal jurisdiction over LANDLORD by the Courts for any such action or proceeding and irrevocably waives any objection to venue with respect thereto. The TENANT hereby agrees that they voluntarily waive any trial by jury in any action for enforcement of this Agreement or involving a Dispute.
Dispute Resolution and Attorney’s Fees. (a) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County before an arbitrator who is a retired U.S. District Court judge. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement. Nothing in this agreement clause shall preclude parties from seeking provisional or injunctive relief remedies in aid of arbitration from a court of appropriate jurisdiction.
(b) In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Dispute Resolution and Attorney’s Fees. If any suit or action is instituted under or in relation to this Retention Agreement, including without limitation to enforce any provision in this Retention Agreement, the parties will submit the matter to be mediated by a professional mediator mutually acceptable to the parties. The mediation and all documentation, hearings, and communications relating thereto will be confidential. The parties will share equally the costs of the mediator and shall be responsible for their own costs, travel and related expenses associated with the mediation. If a good faith attempt of mediation does not settle the dispute, after sixty (60) days either party may refer the matter to a court of competent jurisdiction located in the greater Denver, Colorado area. The prevailing party in such any litigation shall be entitled to recover from the other party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Retention Agreement, including without limitation, reasonable fees and expenses of attorneys’ and all fees, costs and expenses of appeals.
Dispute Resolution and Attorney’s Fees. Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgement, reasonable attorneys’ fees and court costs.
Dispute Resolution and Attorney’s Fees. A. Any dispute arising under this Agreement, including, without limitation, all disputes relating in any manner to the performance or enforcement of this Agreement shall be resolved by binding arbitration in the County of Los Angeles, California, pursuant to the rules of Judicial Arbitration and Mediation Services (“JAMS”), as amended or as augmented in this Agreement (the “Rules”). Arbitration shall be initiated as provided by the Rules, although the written notice to the other party initiating arbitration shall also include a description of the claim(s) asserted and the facts upon which the claim(s) are based. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all claims subject hereto, including any award of attorney’s fees and costs. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. All disputes shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify JAMS and request selection of an arbitrator in accordance with the Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. In no event shall the arbitrator award punitive damages of any kind. The parties acknowledge that one of the purposes of utilizing arbitration is to avoid lengthy and expensive discovery and allow for prompt resolution of the dispute. The arbitrator shall have the power to limit or deny a request for documents or a deposition if the arbitrator determines that the request exceeds those matters which are directly relevant to the claims in controversy. The document demand and response shall conform to Code of Civil Procedure section 1282.
Dispute Resolution and Attorney’s Fees. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. Promptly upon such notification, the Parties shall meet at a mutually agreeable time and place in order to exchange relevant information and perspective, and to attempt to resolve the dispute. In the event that no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute In the event any party shall institute any action or proceeding, including any arbitration proceeding, against the other party relating to the provisions of this Agreement, or any default hereunder, then and in that event, the unsuccessful party in such action or proceeding shall reimburse the successful party therein for the reasonable expenses of attorneys’ fees and disbursements incurred therein by the successful party as determined by the court, including fees incurred at trial and any appeal therefrom.
Dispute Resolution and Attorney’s Fees. If there is any dispute arising from or related to this Agreement, the parties shall participate in non-binding mediation before filing any court action or arbitration proceeding based on that dispute. If any party seeks to enforce or protect its rights under this Agreement in any judicial proceeding or arbitration, the prevailing party shall be entitled to receive from the other party payment of its costs and expenses, including reasonable attorneys’ fees incurred (whether such costs or fees are incurred before or after the commencement of the proceeding), including any and all appeals or petitions therefrom. TOWN OF SPRINGDALE, UTAH EMPLOYEE Mayor Xxxxxxx Xxxxx Xxxxxxx Xxxxx Attest: Xxxx Xxxxxxx, Town Clerk This Agreement is made and entered on September 11, 2024 (“Effective Date”), by and between the Town of Springdale, Utah, a municipal corporation, (hereinafter the “Employer”) and Xxxxxxx Xxxxx (hereinafter called “Employee”), an individual who has the education, training and experience in local government management. Employer and Employee agree as follows:
Dispute Resolution and Attorney’s Fees. In the event of an alleged breach of or other dispute regarding performance under this Agreement, and any Attachments hereto, by either Party, and as a prerequisite to the exercise of any other remedies available under the law, the Parties agree to engage in a good faith effort negotiation in an attempt to resolve the dispute or alleged breach. In the event that this initial negotiation is not successful within fifteen business days, the Parties agree to escalate the dispute or alleged breach to the executive level of each Party, and the senior executives of each Party agree to negotiate in good faith in an attempt to arrive at a mutual resolution of such dispute or alleged breach. If within thirty (30) days following such escalation, no resolution is achieved, the Parties may then pursue their respective remedies pursuant to applicable law.
