Disputed Resolution Sample Clauses

Disputed Resolution. If there is any dispute performance of this contract, two sides negotiated the settlement and any party may apply to the Shenzhen Municipal People's Court.
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Disputed Resolution. If a Tax Dispute is not resolved in favor of a Party on a matter submitted to the Firm pursuant to Section 9.2 at an opinion level that is no greater than "more likely than not (“Disputed Tax Item”), then such Party (the “Disputing Party”) may notify the other Party in writing of a request for a review of such Disputed Tax Item by a nationally recognized law or independent public accounting firm, other than the Firm or KPMG (the “Reviewing Firm”). The Reviewing Firm shall make determinations with respect to the Disputed Tax Item based solely on the materials provided to and relied upon by the Firm in making its determination with respect to the Disputed Tax Item. The Reviewing Firm shall function only as an expert and not as an arbitrator and shall be required to make a determination in favor of one Party only. The Parties shall require the Reviewing Firm to resolve the Disputed Tax Item no later than thirty (30) days after the submission of such Disputed Tax Item to the Reviewing Firm, but in no event later than the due date for the payment of Taxes or the filing of the applicable Tax Return, if applicable, and agree that if the Reviewing Firm resolves on the Disputed Tax Item at an opinion level of at least more likely than not, the determination of the Reviewing Firm with respect thereto shall be final and conclusive and binding on the Parties. If the determination of the Reviewing Firm is not at a more likely than not opinion level with respect to the Disputed Tax Item, then the determination of the Firm stands. The Reviewing Firm shall resolve all disputes in a manner consistent with this Agreement and, to the extent not inconsistent with this Agreement, in a manner consistent with the Past Practices of Cummins and its Subsidiaries, except as otherwise required by applicable Law. The Parties shall require the Reviewing Firm to render all determinations in writing and to set forth, in reasonable detail, the basis for such determination. The fees and expenses of the Reviewing Firm shall be borne by the Disputing Party.
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Disputed Resolution. Any controversy or dispute arising out of or relating to (a) this Agreement (including the interpretation of any of the provisions hereof), (b) the parties' rights under the Act, whether arising in contract, tort or any other legal theory, or (c) the action or inaction of any Member, Manager or officer, and whether based on federal, state or local statute or common law and regardless of the identities of any other defendants, other than requests for immediate equitable relief (a "DISPUTE"), then such Dispute shall be settled by agreement, mediation or arbitration in accordance with EXHIBIT C hereto. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Member except (i) an action to compel arbitration pursuant to this Section 16.1 or (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 16.1.
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Related to Disputed Resolution

  • Resolution Upon the receipt of written approval of the Reviewing Party, the Publishing Party may proceed with the written publication or the oral presentation.

  • Certified Resolutions A certified copy of the resolutions of the Board of Directors of Buyer authorizing and approving this Agreement and the consummation of the transactions contemplated by this Agreement.

  • Methods of Resolution of Disputes In the event of any dispute with respect to the construction and performance of this Agreement, the Parties shall first resolve the dispute through friendly negotiations. In the event the Parties fail to reach an agreement on the dispute within 30 days after either Party’s request to the other Parties for resolution of the dispute through negotiations, either Party may submit the relevant dispute to the China International Economic and Trade Arbitration Commission for arbitration, in accordance with its arbitration rules. The arbitration shall be conducted in Beijing. The arbitration award shall be final and binding on all Parties.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Disputes Resolution In the event of any dispute with respect to the construction and performance of this Agreement, the Parties shall first resolve the dispute through friendly negotiations. In the event the Parties fail to reach an agreement on the dispute within 30 days after either Party’s request to the other Parties for resolution of the dispute through negotiations, either Party may submit the relevant dispute to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration, in accordance with its then effective arbitration rules. The arbitration shall be conducted in Beijing, and the language used in arbitration shall be Chinese. The arbitration award shall be final and binding on all Parties.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Amicable Resolution The Parties mutually desire that friendly collaboration will continue between them. Accordingly, they will try to resolve in an amicable manner all disagreements and misunderstandings connected with their respective rights and obligations under this Lease, including any amendments hereto. In furtherance thereof, in the event of any dispute or disagreement (a “Dispute”) between the Parties in connection with this Lease, then the Dispute, upon written request of either Party, will be referred for resolution to the General Counsels of the Parties, which General Counsels will have ten (10) days to resolve such Dispute.

  • Board Resolutions The Purchaser shall have received duly executed written resolutions of the board of directors of the Company, in the agreed form, approving: the transfer of the Purchased Shares to the Purchaser (or its nominee) at Closing; and the appointment of such persons as directors and/or officers of the Company as the Purchaser may request prior to Closing.

  • Resolution of Discrepancies In the event of any discrepancy between the information set forth in any report provided by the Custodian to the Company and any information contained in the books or records of the Company, the Company shall promptly notify the Custodian thereof and the parties shall cooperate to diligently resolve the discrepancy.

  • Governing Law and Resolution of Disputes 14.1 The execution, effectiveness, construction, performance, amendment and termination of this Agreement and the resolution of disputes hereunder shall be governed by the laws of China.

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