Dispute Resolution; Remedies. (a) In the event of a dispute, the parties may agree to pursue mediation or either binding or nonbinding arbitration to resolve their dispute, under such rules as the parties may agree.
(b) Client acknowledges that breach of this Agreement may result in irreparable harm to CPS HR for which damages would be an inadequate remedy and, therefore, in the event of a breach, in addition to its rights and remedies otherwise available by law, CPS HR shall be entitled to seek equitable relief, including injunction.
Dispute Resolution; Remedies. Each of Licensor and Licensee intends to use its good faith efforts to establish a constructive working relationship which will continue throughout the Term. In order to facilitate maintenance of that relationship, each desires to set forth remedy provisions by which any disagreements can be resolved.
Dispute Resolution; Remedies. If a dispute arises in connection with this Agreement, including an alleged breach of any representation, warranty or covenant (“Dispute”), the parties agree to use the procedure set forth in this Section in good faith prior to pursuing judicial remedies. Within ten (10) days after any party gives written notice of a Dispute to the other party, a meeting shall be held between representatives from each party who have decision-making authority to resolve the Dispute (subject to board of directors or equivalent approval, if required). The representatives will attempt in good faith to negotiate a resolution of the Dispute within thirty (30) days. After thirty (30) days, if the parties have been unable to resolve the Dispute, then both parties may pursue other remedies.
Dispute Resolution; Remedies. If disputes arise under this Contract, the parties will first attempt to settle them through good faith negotiations under this process: (a) the initiating party will present a written explanation of the nature of the grievance and remedy requested; (b) within 10 business days after receiving such a statement, the other will respond by granting the requested remedy, counterproposing a different remedy, or explaining why the grievance does not justify any remedy; (c) if the matter is not settled within 10 days after the response is received, either party may request nonbinding mediation before an impartial, mutually acceptable mediator, with each party paying half the mediator’s fees and the mediator choosing the mediation venue. Unless otherwise agreed, the mediator must have at least five years of experience mediating commercial disputes. Only if the parties are unable to reach a settlement through this mediation process may suit be filed. This Contract is governed by the laws of the State of Delaware, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Contract. Any action or proceeding arising out of this Contract will be litigated in courts located in the State of Delaware, USA. Each party consents and submits to the jurisdiction of any local, state, or federal court located in the State of Delaware, USA. The substantially prevailing party will recover all of its litigation costs including reasonable attorneys’ fees. The parties will have all remedies available to them at law or in equity. All available remedies are cumulative and may be exercised singularly or concurrently.
Dispute Resolution; Remedies. A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows:
1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to City’s Chief Executive Officer and RVS’s General Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by City’s Chief Executive Officer and RVS’s General Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties’ representative. If not resolved in 30 days, this issue may be taken to Sept 2.
2. Step 2. In the event a dispute cannot be resolved at Step 1, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators for the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator form the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees thereof. If the issue is resolved at this step, a written termination of such resolution shall ed signed by both parties. Resolution of an issue at this step requires concurrence by both parties.
3. Step 3. If any dispute is note settled in Step 2, either party may request binding arbitration. The parties shall agree on an arbitrator, who shall be an attorney licensed to practice law in Oregon (or retired) or a retire Oregon judge, to resolve the dispute within ten days. If they are unable to agree on a arbitrator within that time, then each party shall appoint an arbitrator. The two arbitrators shall choose a third. If the choice of the second or third arbitrator is not made within ten days of the choosing of the prior arbitrator , then either party ...
Dispute Resolution; Remedies. 21.01 The Parties agree to use good faith efforts to resolve amicably among themselves any dispute arising out of or in connection with this Agreement.
21.02 If the Parties are unable to resolve the dispute under Section 13.01, the dispute shall be referred to the individual CEO/Presidents of each of the Parties or their designees for their discussion and resolution. The Parties may, but are not required to, agree to mediation of the dispute prior to the litigation contemplated in Section 21.03.
21.03 Any dispute which cannot be settled amicably between the Parties as provided in Sections 21.01 and 21.02 may be submitted to litigation in accordance with the provisions of the Section 22.03.
21.04 The Parties acknowledge and agree that the Parties may be irreparably damaged if any of the provisions of the Agreement are not performed in accordance with their specific terms or are otherwise breached and that any non-performance or breach of this agreement by any Party or any Party’s Affiliate may not be adequately compensated by monetary damages alone and that the Parties may not have any adequate remedy at law. Accordingly, in addition to any and all other rights and remedies existing, each Party and/or its successors or assigns shall be entitled to seek an injunction, specific performance or other appropriate equitable relief upon application to any court of competent jurisdiction in order to enforce or prevent any breach or threatened breach of this agreement by the other Parties, in each case without the requirement of posting a bond or proving actual damages.
Dispute Resolution; Remedies. To ensure the timely and economical resolution of disputes that arise in connection with your employment with the Company, you and the Company agree that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance or interpretation of this Agreement, your employment, or the termination of your employment, shall be resolved to the fullest extent permitted by law by final, binding and confidential arbitration, by a single arbitrator, in San Francisco, California, Xx. Xxxxxx Xxxxxxx conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) under the applicable JAMS rules. By agreeing to this arbitration procedure, both you and the Company waive the right to resolve any such dispute through a trial by jury or judge or administrative proceeding. Except as may be prohibited by applicable law, or may render this dispute resolution clause unenforceable, if any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law including attorneys fees and litigation costs; and (b) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award. The arbitrator shall be authorized to award any or all remedies that you or the Company would be entitled to seek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the amount of court fees that would be required if the dispute were decided in a court of law. Nothing in this Agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Notwithstanding the foregoing, you and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. If you choose to accept this Agreement under the terms described above, please sign below and return this letter to me.
Dispute Resolution; Remedies. (a) In the event a dispute shall arise between the parties as to whether the provisions of this Agreement have been complied with, the parties agree, subject to paragraphs (b) and (c) below, to resolve such dispute in accordance with the provisions of Article VI of the Employment Agreement, which provisions are hereby incorporated in this Agreement as if set forth in their entirety. In the event a dispute under this Agreement is resolved by mediation or arbitration in accordance with this paragraph (a), the non-prevailing party shall be responsible for the reasonable legal fees and expenses incurred by the prevailing party in connection with such mediation or arbitration.
(b) Employee acknowledges and agrees that a breach of any of the covenants contained in Article IV hereof may result in material irreparable injury to the Company for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach, the Company shall be entitled to obtain a temporary restraining order or a preliminary or permanent injunction restraining Employee from engaging in activities prohibited by such covenants or such other relief as may be required or appropriate to specifically enforce any of such covenants. Employee submits to the in personam jurisdiction before each and every court in Xxxxxx County, Texas for that purpose.
(c) Subject to paragraph (a) above, no right, power or remedy granted under this Agreement is intended to be exclusive, but each shall be cumulative and in addition to any and all other rights, powers and remedies referred to in this Agreement or otherwise available at law or in equity.
Dispute Resolution; Remedies. The Parties agree and acknowledge that all claims arising out of or relating to this Agreement shall be governed by the dispute resolution provision in Paragraph 14 of the General Release. Except as otherwise required by applicable law, the Company’s exclusive remedy for any breach of this Agreement by Pastor shall be relief from any further obligation to pay Pastor any fees under this Agreement. Such relief shall only be available to the Company if Pastor is found in a final, binding and conclusive decision from an arbitrator (as contemplated in Paragraph 14 of the General Release) to have breached this Agreement in a manner that causes material harm or damages to the Company. In addition to any other remedy available at law or equity, Pastor shall be entitled to full payment of all fees and expenses owed under this Agreement, with interest of 12% per annum, if the Company is found in a final, binding and conclusive decision from an arbitrator (as contemplated in Paragraph 14 of the General Release) to have breached this Agreement.
Dispute Resolution; Remedies. 11.8.1 Any and all existing or future claims, demands or disputes arising out of or relating to this Agreement, its breach, or in any way relating to the relationship between and/or among Unidata, Var and End users licensed by Var, even though some or all of such claims, demands or disputes arise ancillary to or independently of this Agreement, whether in contract, tort or otherwise, at law or equity, under state or federal law, shall be resolved and determined exclusively under the provisions of this Section 11.8.
11.8.2 If there is a controversy between Var and Unidata relating to this Agreement, the parties agree to use all reasonable efforts to resolve such controversy amicably at senior management levels of both parties.
11.8.3 If the parties fail to reach a mutually acceptable resolution of the controversy within sixty (60) days of the first formal written notice of the controversy, then either party may request settlement by arbitration. Arbitration will take place in Denver, Colorado, in accordance with the Center for Public Resources Rules for Non Administered Arbitration of Business Disputes (the "CPR Rules"), by a single arbitrator acceptable to both parties (acceptance not to be withheld unreasonably) knowledgeable in computer software disputes. If the parties fail to agree upon the appointment of an arbitrator then an arbitrator shall be appointed under CPR Rule 6. The language of the arbitration shall be English. The arbitrator may make no finding, ruling or award that does not conform to the terms of this Agreement, and may award no punitive damages. The parties hereby agree to submit to such arbitration and to the enforcement of any award resulting therefrom by any court of competent jurisdiction. Nothing contained in this Section shall prohibit either party from seeking equitable relief without first resorting to arbitration under circumstances in which that party believes that its interests under this Agreement and/or in its property otherwise will be compromised. This Agreement will be construed under Colorado law, without regard to conflict of laws. No remedy under law or this Agreement is intended to be exclusive of any other remedy, and every remedy will be cumulative and in addition to any other remedy.
