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.
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. 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 Xxxx Curson 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. Xx. Xxxxxx Xxxx Curson If you choose to accept this Agreement under the terms described above, please sign below and return this letter to me. We look forward to your favorable reply, and to a productive and enjoyable work relationship. Very truly yours, Complete Genomics, Inc. /s/ Xxxxxxxx X. Xxxx By: Xxxxxxxx X. Xxxx President &...
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.
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.
Dispute Resolution; Remedies. 12.1 INFORMAL GOOD FAITH NEGOTIATIONS REQUIRED If any claim, controversy or dispute arising out of or relating to this Agreement occurs, the Parties agree that they must first attempt in good faith to resolve the matter informally and promptly through negotiation. If a dispute should arise, any Party may initiate good faith negotiation, pursuant to this provision, by delivering a written request to the other Party to meet within fourteen (14) days, at a mutually agreed upon time and place. Each Party may designate up to three (3) representatives to participate in the good faith negotiations. If the Parties are not able to resolve the dispute within thirty (30) days after the request to meet, either Party may proceed to pursue its rights and remedies as set forth below. Any of the time periods provided in this section may be modified if mutually agreed upon by the Parties.
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:
Dispute Resolution; Remedies. This Agreement is valid for any and all transactions between the parties herein and shall be governed by the enforceable law in all Commonwealth Countries, European Union Countries, USA Courts, or under Swiss Law in Zurich, and in the event of dispute, the arbitration and enforcement laws of the applicable states will apply. In addition to any other remedies of equity or at law, any breach of this Agreement shall at minimum carry a penalty as determined and adjudicated by the court of law, as reasonable, considering the severity of the damages. In the event of legal action, the prevailing Party shall be entitled to recovery of all attorney fees and court costs incurred. Additionally, the undersigned Parties hereby agree to hold each other harmless in the event of action brought about by a third party due to a breach of this Agreement and whereby a third party claims damages against one of the Parties hereto as a direct or indirect result of any such breach of this Agreement by one Party.
