Dispute Resolutions. Parties agree to arbitration of dispute in Houston, Texas, USA.
Dispute Resolutions. (a) Any dispute arising out of or in relation to this Agreement, the Parties shall first resolve the dispute through friendly negotiation. The requesting party shall notify the other party of the dispute and explain the nature of the dispute by overloading the date notice. If the Parties fail to reach an agreement regarding such a dispute within thirty (30) days of its occurrence, any Party is entitled to submit such dispute to the China International Economic and Trade Arbitration Commission (the “CIETAC”) for arbitration in Beijing in accordance with the then effective arbitration rules thereof and the arbitration award shall be final and binding.
(b) The arbitration tribunal shall consist of three (3) arbitrators, of whom the two parties have the right to appoint one (1) each. The third arbitrator (3rd) should be appointed jointly by the two sides. If the party shall not be able to reach an agreement on the joint designation of the third arbitrator, he/she should be appointed by the director of the Arbitration Committee. The third arbitrator shall be the chief arbitrator of the arbitration tribunal.
(c) In making an arbitration award, the arbitrator shall take into account the intention of the Parties which may be determined in accordance with this Agreement.
(d) The arbitration award made according to the Article12.3 in writing should be final and binding. The parties shall do their utmost to ensure that any such arbitration award is duly executed and to provide any necessary assistance thereto.
(e) The aforesaid provisions of the Article 12.3 shall not prevent the party concerned from applying for any pre suit protection or prohibition remedy available for any reason, including but not limited to the enforcement of subsequent enforcement of the arbitration tribunal.
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraph 3(b), neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Association of Attorney Mediators in Harris County, Texas to appoint a mediator certified by the Supreme Cxxxx xf Texas. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Houston, Texas, in accordance with the rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or Cause, as defined in paragraphs 4(b) and 4(c), respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The costs and expenses, including reasonable attorneys' fees, of the prevailing party in any dispute arising under this Agreement will be promptly paid by the other party.
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraph 3(b), neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Association of Attorney Mediators in Louisiana (or similar association) to appoint a mediator. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Morgan City, Louisiana, in accordance with the rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or Cause, as defined in paragraphs 4(b) and 4(c), respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The costs and expenses, including reasonable attorneys' fees, of the prevailing party in any dispute arising under this Agreement will be promptly paid by the other party.
Dispute Resolutions. Any dispute or controversy arising under or in connection with this Agreement shall first be resolved by informal discussion between senior management of the Parties. If informal discussion fails to produce a resolution, the Parties must then attend non-binding mediation in the County of Xxxxx, Nevada with a mutually agreeable mediator. If mediation fails to produce a resolution, or if the Parties cannot agree on a mediator, any dispute or controversy arising out of or relating to this Agreement shall be settled by binding arbitration conducted by a single arbitrator. Either Party may initiate arbitration, which shall be conducted in the County of Xxxxx, Nevada in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). Each Party shall share equally the cost of the arbitration and shall bear its own attorneys' fees, unless the arbitrator awards such fees and costs to a Party. The arbitrator shall not have the power to award any punitive damages.
Dispute Resolutions. Tokyo Bar Association Dispute Resolution Center (Telephone: 00-0000-0000) Daiichi Tokyo Bar Association Arbitration Center (Telephone: 00-0000-0000) Daini Tokyo Bar Association Arbitration Center (Telephone: 00-0000-0000) This Agreement will be governed by and interpreted in accordance with the laws of Singapore, as such laws are applied to agreements entered into and to be performed entirely within Singapore. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against PayPal arising out of or in connection with any terms of the user agreement must be resolved by a court located in Singapore, where the defendant is located or the Tokyo District Court, in the first instance. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of any suit, action or other proceeding arising out of this user agreement or your use of our websites or the services. “XxxXxx.xxx,” “XxxXxx.xx” and all logos related to the PayPal services are either trademarks or registered trademarks of PayPal or PayPal's licensors. You may not copy, imitate, modify or use them without PayPal's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by PayPal for the purpose of directing web traffic to the PayPal services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes PayPal or the PayPal services or display them in any manner that implies PayPal's sponsorship or endorsement. All right, title and interest in and to the PayPal websites, any content thereon, the PayPal services, the technology related to the PayPal services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of PayPal and its licensors. If you are using PayPal software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then PayPal grants you a revocable, non- exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use PayPal's software in accordance with the documen...
Dispute Resolutions. 22 A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the 23 dispute concerning a question of fact arising under the terms of this Agreement is not disposed of in a 24 reasonable period of time by the CONTRACTOR and the ADMINISTRATOR, such matter shall be 25 brought to the attention of the COUNTY Purchasing Agency by way of the following process:
26 1. CONTRACTOR shall submit to the COUNTY Purchasing Agency a written demand for a 27 final decision regarding the disposition of any dispute between the Parties arising under, related to, or 28 involving this Agreement, unless COUNTY, on its own initiative, has already rendered such a final 29 decision.
30 2. CONTRACTOR’s written demand shall be fully supported by factual information, and, if 31 such demand involves a cost adjustment to the Agreement, CONTRACTOR shall include with the 32 demand a written statement signed by an authorized representative indicating that the demand is made in 33 good faith, that the supporting data are accurate and complete, and that the amount requested accurately 34 reflects the Agreement adjustment for which CONTRACTOR believes COUNTY is liable.
35 B. Pending the final resolution of any dispute arising under, related to, or involving this 36 Agreement, CONTRACTOR agrees to proceed diligently with the performance of services secured via 37 // 1 this Agreement, including the delivery of goods and/or provision of services. CONTRACTOR's failure 2 to proceed diligently shall be considered a material breach of this Agreement.
3 C. Any final decision of COUNTY shall be expressly identified as such, shall be in writing, and 4 shall be signed by a COUNTY Deputy Purchasing Agent or designee. If COUNTY fails to render a 5 decision within ninety (90) calendar days after receipt of CONTRACTOR's demand, it shall be deemed
Dispute Resolutions. Except with respect to injunctive relief as provided in paragraphs 5 and 10, neither party shall institute a proceeding in any court or administrative agency to resolve a dispute between the parties before that party has sought to resolve the dispute through direct negotiation with the other party. If the dispute is not resolved within two weeks after a demand for direct negotiation, the parties shall attempt to resolve the dispute through mediation. If the parties do not promptly agree on a mediator, the parties shall request the Louisiana State Bar Association to appoint a mediator in the state of Louisiana who is qualified as a mediator under the Louisiana Mediation Act, as amended from time to time. If the mediator is unable to facilitate a settlement of the dispute within a reasonable period of time, as determined by the mediator, the mediator shall issue a written statement to the parties to that effect and any unresolved dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Gretna, Louisiana in accordance with the employment dispute resolution arbitration rules of the American Arbitration Association then in effect. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), reimbursement of costs and expenses, including those incurred to enforce this Agreement, including reasonable attorneys' fees, and interest thereon. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. THIS AGREEMENT was executed in multiple counterparts, each of which shall be deemed an original, as of the dates set forth below, but to be effective as of the Effective Date. EMPLOYEE: TORCH OFFSHORE, INC. /s/ Vincxxx Xxxxxxx By: /s/ Lyle Xxxxxxxxxx ---------------------------------- -------------------------------------- Vincxxx Xxxxxxx Title: Chairman & CEO ----------------------------------- Date: 1-15-01 Date: 1-15-2001 ----------------------------- ------------------------------------ Schedule A - Counties and Parishes in which Competition is Prohibited
I. TEXAS Jeffxxxxx Xxxxxxxx Xxxxxx Galveston Brazoria Calhxxx Aransas Nueces Camexxx XX. LOUISIANA Cameron Vermilion Lafayette Iberia St. Mary Orleans Terrebonne Lafourche Jefferson Plaquemines III. MISSISSIPPI ...
Dispute Resolutions. Conclusion, validity, interpretation, performance of, and dispute resolutions arising out of, this Contract shall be governed by the laws of the PRC. Any controversy or dispute arising out of or in relation to this Contract shall be resolved through negotiation by the parties hereto; if not reached, any such dispute shall be resolved according to the method as set forth in B below:
A. To be arbitrated by / arbitration commission; and the arbitration will be conducted in / (place of arbitration) in accordance with the arbitration rules in force and effect at the time of applying for such arbitration. The awards shall be final and binding upon the parties.
B. To be judged and resolved by the court at the location of Party A.
Dispute Resolutions. Should the OWNER and CHARTERER be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in paragraph 18.
