Dispute Resolution and Termination. If any dispute or disagreement arises between or among ICG, Plaintiff Intervenors and SMG specifically with regard to the work performed under this Agreement, the Party seeking relief shall notify all other Parties to this Auditing Agreement in writing of the dispute or disagreement at issue. The Notice shall include adequate information to describe the dispute at issue and, if applicable, facts to support any allegation of noncompliance with this Auditing Agreement. ICG, Plaintiff Intervenors, and SMG shall then have thirty (30) days to resolve the issue informally. If informal resolution is not reached by the end of thirty (30) days following the Notice, one of the following actions shall be taken.
Dispute Resolution and Termination. In the event of a dispute arising out of or related to this Agreement, the Parties will attempt to resolve such dispute by mutual cooperation. Specifically, if a Party believes that the other Party has breached any provision in this Agreement, the Party asserting such breach (“Claimant”) shall give the other Party (“Respondent”) written notice of any such breach (“Initial Notice”). In the Initial Notice, the Claimant shall specify a date no later than 15 days after the date of the Initial Notice for the Parties to meet to try and resolve the dispute. If the Respondent objects to the meeting date set forth in the Initial Notice, the Parties will coordinate to select a mutually-agreeable date that is no later than 30 days after the date of the Initial Notice. If the Parties are unable to resolve the dispute within 60 days of the date of the written notice, either Party may terminate this Agreement by giving a written notice entitled “Notice of Termination” to the other Party.
Dispute Resolution and Termination. Clause 16 – a new clause 16.3.4 is added:
Dispute Resolution and Termination. A. The Parties shall first attempt to resolve any dispute arising under this Agreement through consultation and mediation, before other dispute resolution methods are employed.
1. A failure or delay by any Party to perform any material term or provision of this Agreement constitutes a breach (“Breach”) under this Agreement. Breach shall also include (i) any action taken or suffered by Mitty under an insolvency or backruptcy act, including the appointment of a receiver to take possession of all or substantially all of the assets of Mitty, (ii) a general assignment by Mitty for the benefit of creditors, or (iii) loss of Mitty’s corporate status as a non-profit. The Party who commits a Breach shall promptly commence to cure, correct or remedy with reasonable diligence, and during any period of curing shall not be in default of this Agreement unless such cure is not completed within a reasonable period of time. The Breach shall be cured within thirty (30) calendar days of the Notice of Breach (as defined below) or if unable to be cured within such thirty (30) day period, shall commence to be cured within such thirty (30) day period with the cure to be completed within a reasonable time period.
2. In the event of a Breach by any Party, the injured Party shall give written notice of Breach (“Notice of Breach”) to the Party in Breach.
3. Within five (5) working days of receiving the Notice of Breach, the Parties in dispute shall meet and attempt to resolve their dispute in good faith and consistent with the underlying purposes of the Agreement.
4. If the meeting between the Parties does not resolve their dispute, the Parties agree to negotiate in good faith to set the matter for mediation with a mutually agreed mediator, with said mediation to be held within thirty (30) calendar days of the Notice of Breach, unless the Parties agree to extend the deadline. The Parties to any such mediation shall share equally in the costs of the mediation.
5. If the mediation following Notice of Breach does not resolve the dispute or the Parties cannot reach agreement upon a mediator within the time period set forth above, the Parties shall have the right to exercise any and all remedies available to it at law or under equity, including, without limitation, the right to terminate this Agreement upon written notice to the breaching Party.
Dispute Resolution and Termination. Procedures for resolving disputes and disagreements are outlined in the Contract’s terms and conditions.
Dispute Resolution and Termination. 10.1. The Parties shall make a good faith endeavour to settle amicably through direct negotiations any dispute, difference, controversy or claim relating to this Agreement.
10.2. If payments due under this Agreement are outstanding 30 days after the due date on the invoice:
10.2.1. in relation to a Sponsored Student whose fees are unpaid, until all outstanding fees for those Sponsored Students are paid, the University has the right to restrict access to the following University services:
(a) enrolment – the Sponsored Student will be unable to enrol or re-enrol; and/or
(b) academic transcripts – the Sponsored Student will not be able to receive academic transcripts; and/or;
(c) graduation – the Sponsored Student will be prevented from having their degree conferred; and/or
10.2.2. the University may terminate the Agreement by written notice to the Sponsor.
10.3. Subject to other clauses in this Agreement, either party may terminate this Agreement at any time by the provision of three (3) months' written notice. In the event of termination of this Agreement other than under clause 10.2, Sponsored Students already enrolled at the University at the date of expiry or termination will be treated in accordance with clause 1.1.
Dispute Resolution and Termination. 7.1 When the Property is unoccupied this agreement may be terminated by either party by the giving of written (email with email confirmation or certified mail with return receipt requested) notice of not less than one month to the other party.
7.2 Once the Property is tenanted and Sub-tenants introduced by the Property Manager, Homeowner early termination policy with 1 month notice required
a) wwithin the first 12 months after Sub-tenants have been landed, the payment of monthly management fees for the duration of the remaining tenancy term( + one year fullmangement fee to be due upfront as a pre-requisite to early termination
b) aafter the first 12 months when Sub-tenants have been introduced, one year full managment fee to be due upfront as a pre-requisite to early termination Property Management Agreement
Dispute Resolution and Termination. 10.1 In the event of a dispute arising that the parties cannot resolve by negotiation, both parties shall attempt to resolve the dispute with the assistance of a mediator acceptable to both parties.
Dispute Resolution and Termination a. In the event of a dispute arising under the terms of this Agreement that is not resolved by the City PM and the County PM, the City Engineer and County Department of Transportation Assistant Director shall attempt to resolve the dispute. In the event this does not resolve the dispute, the City Community Development Director and County Department of Transportation Director shall attempt to resolve the dispute. In the event the dispute cannot be resolved, either Party may pursue any legal or equitable claims to which that Party may be entitled.
b. The Parties may terminate this Agreement at any time by mutual written agreement.
c. Either the City or the County may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination however, the Party seeking the termination shall give the other Party written notice of the breach and of the Party’s desire to mutually terminate. If the breaching Party has not entirely cured the breach within ten (10) days of deemed or actual receipt of the notice, then the non- breaching Party may terminate the Agreement at any time thereafter by giving written notice of termination to the other Party stating the effective date of the termination; provided however, if the default is of such a nature that it cannot be completely remedied within such 10-day period, this provision shall be complied with if the breaching Party begins correction of the default within the 10-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
d. The City or the County shall not be deemed to have waived any breach of this Agreement by the other Party except by an express waiver in writing. An express written waiver as to one breach shall not be deemed
e. Nothing herein shall prevent the Parties from meeting to mutually discuss the Project.
f. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination.
Dispute Resolution and Termination. 5.1 The Parties shall first attempt to resolve any dispute arising under this MOU through informal negotiations between the Parties.
5.2 Either Party may terminate this MOU upon providing thirty (30) days advance written notice to other Party.
