Dispute Resolution and Indemnification Clause Samples
The Dispute Resolution and Indemnification clause establishes the procedures for resolving disagreements between parties and outlines responsibilities for compensating losses or damages. Typically, this clause specifies whether disputes will be handled through negotiation, mediation, arbitration, or litigation, and details the process for one party to reimburse the other for certain claims or liabilities arising from the agreement. Its core function is to provide a clear framework for addressing conflicts and allocating financial responsibility, thereby reducing uncertainty and potential legal exposure for both parties.
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Dispute Resolution and Indemnification. If any PEC, or subcontractor, becomes involved in a contractual or business practices dispute with respect to any New Construction Initiative, the PEC(s) shall work to settle the dispute amicably utilizing fair and reasonable dispute resolution practices. The relationship between the PEC and the project owner are independent from NYSERDA or its Designee. Any disputes or contract issues which may arise between PECs and their clients are the sole responsibility of those PECs to resolve. NYSERDA and its Designee have no responsibility to provide dispute resolution assistance. Regardless of the nature of, or parties involved in, the dispute and any resolution, the PEC(s) shall hold NYSERDA and its Designee harmless from any legal action arising from work associated with any New Construction Initiative. The PEC(s) shall protect, indemnify, and hold harmless NYSERDA and the State of New York from and against all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, attorney’s fees and expenses) imposed upon or incurred by or asserted against NYSERDA or the State of New York resulting from, arising out of or relating to the performance of this Agreement.
Dispute Resolution and Indemnification. In the event of any dispute arising under this Agreement, other than the payment of sums due to Consultant, the project manager for Consultant and the designated representative of Customer agree to meet within a reasonable time after such dispute arises to determine the nature of the dispute and corrective action to be taken to resolve such dispute. If such persons are unable to agree on such corrective action, they shall notify senior management of Consultant and Customer, who shall then meet to attempt to resolve such dispute. If management is unable to resolve such dispute, each party shall have such remedies and defenses as may be available at all and under this Agreement.
Dispute Resolution and Indemnification. If any Partner, or subcontractor, becomes involved in a contractual or business practices dispute with respect to Program activities, the Partner(s) shall work to settle the dispute amicably utilizing fair and reasonable dispute resolution practices. The relationship between the Partner-Builder and their Rater, as well as the Rater’s Partner-Provider, are independent from NYSERDA or the Program Implementation Contractor. Any disputes or contract issues which may arise between Partners are the sole responsibility of those Partners to resolve. NYSERDA and the Program Implementation Contractor have no responsibility to provide dispute resolution assistance. Regardless of the nature of, or parties involved in, the dispute and any resolution, the Partner(s) shall hold NYSERDA and its Program Implementation Contractor harmless from any legal action arising from work associated with this Program. The Partner(s) shall protect, indemnify, and hold harmless NYSERDA and the State of New York from and against all liabilities, losses, claims, damages, judgments, penalties, causes of action, costs and expenses (including, without limitation, attorney’s fees and expenses) imposed upon or incurred by or asserted against NYSERDA or the State of New York resulting from, arising out of or relating to the performance of this Agreement. The obligations of the Partner(s) under this section shall survive any expiration or termination of this agreement.
Dispute Resolution and Indemnification. 10 ARTICLE 6
Dispute Resolution and Indemnification. 5.1 INFORMAL DISPUTE RESOLUTION. Any controversy or claim between FDR and Customer arising from or in connection with this Agreement whether based on contract, tort, common law, equity, statute, regulation, order or otherwise ("Dispute"), shall be resolved as follows:
(a) upon written request of either FDR or Customer, the parties shall each appoint a representative to meet and attempt to resolve such Dispute;
(b) the designated representatives shall meet as often as the parties reasonably deem necessary to discuss the problem in an effort to resolve the Dispute without the necessity of any formal proceeding; and
(c) arbitration pursuant to Exhibit D for the resolution of a Dispute may not be commenced until the earlier of:
(i) the date that the designated representatives conclude in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or
(ii) thirty (30) days after the date that either party requested negotiation of the Dispute pursuant to Section 5.1(a) of this Agreement.
(d) Notwithstanding the foregoing, this Section 5.1 shall not be construed to prevent a party from instituting formal proceedings at any time to avoid the expiration of any applicable limitations period, to preserve a superior position with respect to other creditors or to seek temporary or preliminary injunctive relief pursuant to Section 10.7.
(e) Any oral or written communications made by either party to the other pursuant to this Section 5.1 shall be deemed privileged settlement communications inadmissible as evidence in any litigation or arbitration between the parties.
Dispute Resolution and Indemnification