Dispute Resolution Provisions a. Non-binding Mediation
(1) Any claim, dispute or other matter in question arising out of or related to this Agreement may be subject to non-binding mediation if the parties mutually agree.
(2) A request for mediation shall be filed in writing with the other party to this Agreement.
(3) The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon.
Dispute Resolution Provisions. 120 Sec. 14.0. Effective Date and Term of Compact. 124
Dispute Resolution Provisions. This XXXX shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Services, Software, Modlet, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and mailing to ThinkEco an Initial Dispute Notice to ThinkEco. ThinkEco may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If ThinkEco provides you with a Final Settlement Offer and you do not accept it, or if ThinkEco cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than ThinkEco’s Final Settlement Offer, then ThinkEco will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, ThinkEco will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although ThinkEco may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, ThinkEco will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ThinkEco and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of...
Dispute Resolution Provisions. Any dispute in connection with the prevailing rates which the parties cannot resolve among themselves shall be referred to the Director of L&I for arbitration, and that the Director’s decision shall be final, conclusive and binding on all parties to the dispute. RCW 39.12.060 and WAC 000-000-000
Dispute Resolution Provisions. Customer acknowledges that any claim arising under or in connection with this User Agreement, or any mRDC transaction, is subject to the Dispute Resolution Provisions set forth in its Primary RDC Agreement and deposit account agreement.
Dispute Resolution Provisions. 1. This section is applicable where the County disputes an interpretation of this agreement made by the Exchange. The parties shall deal in good faith and attempt to resolve disputes informally. If the dispute persists, County may submit a Written Notice of Dispute to the Exchange Project Representative within 15 calendar days after the date of the action causing the dispute. The Written Notice of Dispute shall contain the following information:
a. the decision or issue under dispute;
b. the reason(s) County believes the decision or position taken by the Exchange is in error (if applicable, reference pertinent contract provisions);
c. identification of all documents and substance of all oral communication which support County’s position; and
d. the dollar amount in dispute, if applicable.
2. Upon receipt of the Written Notice of Dispute, the Exchange Project Representative, within 15 calendar days after receipt of the Notice, shall issue a Project Representative’s Written Decision regarding the dispute. The Project Representative’s Written Decision must include the following information:
a. a reference to pertinent contract provisions, if applicable;
b. a statement of the factual areas of agreement or disagreement; and
c. a statement of the representative’s decision with supporting rationale
3. No later than fifteen (15) working days following receipt of the Project Representative’s Written Decision, the County may send a Written Appeal of Project Representative’s Decision to the Exchange Executive Director. No later than thirty (30) calendar days after receipt of the County’s Written Appeal of Project Representative’s Decision, the Executive Director shall then issue a Final Decision of Dispute, specifying the reasons for denial. If the Executive Director does not issue a Final Decision of Dispute within said thirty (30) day period, the appeal will be deemed denied by the Executive Director. The Executive Director’s Final Decision of Dispute shall be conclusive and binding regarding the dispute unless County commences an action in a court of competent jurisdiction to contest such decision within 30 days following the date of the final decision.
4. Pending the final resolution of any dispute arising under, related to or involving this Agreement, the County shall diligently proceed with the performance of this Agreement, including the delivery of goods or providing of services in accordance with the Exchange’s instructions. County’s failure to diligently pr...
Dispute Resolution Provisions. 15.1 Any dispute or difference of any kind whatsoever arising between any or all of the Parties out of or in connection with this Deed (including without limitation any question regarding its existence validity or termination) shall be referred to an independent single Expert ("the Expert")
15.2 The Expert shall have no less than ten (10) years' experience of resolving disputes similar in nature to the one that is proposed to be referred pursuant to clause 15.1.
15.3 The parties to the dispute shall jointly appoint the Expert not later than twenty (20) Working Days' after service of a request in writing by any party to the dispute to do so
15.4 If the parties to the dispute are unable to agree within twenty (20) Working Days' as to the appointment of such Expert then the Expert shall be appointed on the application of either of the parties to the dispute as follows:
15.4.1 if the difference or question relates to the rights and liabilities of either party to the dispute or to the terms or conditions to be embodied in the Deed or document appertaining to the Deed it shall be referred to a solicitor or barrister notified by or on behalf of the President for the time being of the Law Society; or
Dispute Resolution Provisions. 26 Sec. 10.0. PUBLIC AND WORKPLACE HEALTH, SAFETY, AND LIABILITY..............28 Sec. 11.0. EFFECTIVE DATE AND TERM OF COMPACT..............................33 Sec. 12.0. AMENDMENTS; RENEGOTIATIONS......................................33 Sec. 13.0 NOTICES.........................................................34 Sec. 14.0. CHANGES IN IGRA.................................................34 Sec. 15.0. MISCELLANEOUS...................................................35
Dispute Resolution Provisions. A. MEDIATION
i. Any claim, dispute or other matter in question arising out 0f or related to this Agreement may be subject to mediation if the parties mutually agree. If such matter relates to or is the subject of a lien arising out of the ARCHITECT’s services, the ARCHITECT may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration.
ii. A request for mediation shall be filed in writing with the other party to this Agreement. The request may be made concurrently with the filing of a request for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
iii. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon.
Dispute Resolution Provisions. Any action or claim by, between or among Owner, Builder, Subcontractor, any subcontractor of any tier, design professional, engineer or supplier who provided labor, services or materials with respect to the Work (collectively, the “Project Parties”), or “Claimant” (as that term is defined in Exhibit G), (the “Project Declaration”), relating to or arising from this Agreement and/or the design or construction of the Work or any condition on or affecting the Work, including, but not limited to, breach of this Agreement, design and/or construction defects, surveys, soil conditions, grading, specifications, installation of improvements or disputes in which there is an alleged breach of implied or express warranties as to the condition of the Work (collectively, “Dispute(s)”) shall be subject to the provisions set forth below.
(i) Any Dispute brought by a Claimant against the Project Parties, or any or all of them, shall be resolved in the manner set forth in Exhibit F, entitled “Alternative Non-Adversarial Procedures” and Exhibit G entitled “Binding Dispute Resolution Procedures”, attached to the Declaration, both of which Exhibits are also attached to this Agreement as Exhibit F, entitled “Claimant Dispute Resolution Provisions”. The Project Parties shall be deemed to be “Parties Subject to Procedures” as set forth in Section II of said “Binding Dispute Resolution Procedures.” Owner and Builder under this Agreement shall have all the rights and obligations of “Builder” as that term is defined in said “Binding Dispute Resolution Procedures.”
(ii) Any Dispute between Owner, Builder and Subcontractor in which a Claimant is not a party shall be resolved in the manner set forth in Exhibit G entitled “Contract Dispute Resolution Procedures” attached hereto.
