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. TOWN OF SPRINGDALE, UTAH EMPLOYEE By: Mayor Xxxxxxx X. Xxxxx Xxxxx Xxxxxx Attest:
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.
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 1282.6. The deposition notice shall conform to Code of Civil Procedure section 1283. The parties may make a motion for protective order or motion to compel before the arbitrator with regard to the discovery, as provided in Code of Civil Procedure. Notwithstanding the election by the parties to arbitrate their disputes, nothing contained herein shall prevent a party from filing an action in a court of competent jurisdiction to seek any form of equitable remedy or relief.
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. 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. (A) If any dispute shall arise between MEUS and VAR in connection with this Agreement, the parties shall promptly attempt in good faith to settle the same through a good faith negotiation. Should a dispute remain after negotiating in good faith, VAR agrees to provide MEUS with written notice of its intent to arbitrate the dispute at least thirty (30) days’ prior to initiating any arbitration. All disputes or controversies arising out of or in any manner relating to this Agreement shall be exclusively submitted to final and binding arbitration. All disputes shall be decided by a single arbitrator by and in accordance with the prevailing commercial rules, as modified and supplemented by this article, of the Judicial Arbitration and Mediation Service (“JAMS”). The arbitration shall be held in Orange County, California. The arbitration award shall be in writing and shall specify the factual and legal bases of such award. The arbitrator shall not have the power to make an award of punitive damages. The arbitration award shall be final and binding, and a judgment consistent therewith may be entered by any court of competent jurisdiction. The parties agree that the arbitration award shall be treated confidentially, and the parties shall not, except as otherwise required by law or court order, disclose the arbitration award to any third party, excluding personnel in their affiliated companies and their attorneys and accountants with a need to know, provided that such recipients agree to be bound by the same restrictions as are contained in this Agreement. To the extent of any conflict, this article shall supersede and control JAMS rules. Nothing in this article shall be construed to preclude or in any way prohibit either party from seeking any provisional remedy, such as an injunction or temporary restraining order in a court of competent jurisdiction, including but not limited to the right to seek injunctive relief to enforce the confidentiality provisions of this Agreement or to protect MEUS’s intellectual property rights.
Dispute Resolution and Attorney’s Fees. (a) Except as provided in Section 4(b) or in subsection (c) below, the Company shall promptly reimburse the Executive for all legal, accounting and other fees and expenses reasonably incurred in bringing a challenge in good faith (whether through arbitration, litigation or making a claim for benefits under this Agreement) to obtain or enforce any right or benefit provided under this Agreement.
Dispute Resolution and Attorney’s Fees. (a) If either Party, in good faith, disputes any amount due pursuant to an invoice rendered hereunder, such Party shall notify the other Party in writing of the specific basis for the dispute and, if the invoice shows an amount due, shall pay that portion of the invoice that is undisputed, on or before the due date. Any such notice shall be provided within sixty (60) days of the date of the invoice in which the dispute first arose. If any amount disputed by such Party is determined to be due the other Party or if the Parties resolve the payment dispute, the amount due shall be paid within five (5) days after such determination or resolution.
