DISPUTES AND LITIGATION. 29.1. Except as provided below: In the event of a dispute between the parties, it shall be a condition precedent to the initiation of any formal litigation in a court of competent jurisdiction that the parties shall meet face to face in a good faith effort to resolve the dispute directly between them. In the event that they are unsuccessful, each party agrees to submit the dispute to alternative dispute resolution, initially by mediation, and the parties shall equally share the expense of such mediation. In the event that mediation is unsuccessful, the parties shall then submit the dispute to arbitration (binding if the parties agree) in accordance with the Rules of the American Arbitration Association. In the event that arbitration fails, and provided that the parties have participated in the alternative dispute resolution provisions hereof in good faith, the aggrieved party may then commence litigation.
Appears in 3 contracts
Samples: And Attornment Agreement (Cabletron Systems Inc), Supplemental Agreement (Aprisma Management Technologies Inc), And Attornment Agreement (Aprisma Management Technologies Inc)
DISPUTES AND LITIGATION. 29.1. Except as provided below: In the event of a dispute between the parties, it shall be a condition precedent to the initiation of any formal litigation in a court of competent jurisdiction that the parties shall have meet face to face in a good faith effort to resolve the dispute directly between them. In the event that they are unsuccessful, each party agrees to submit the dispute to alternative dispute resolution, initially by mediation, and the parties shall equally share the expense of such mediation. In the event that mediation is unsuccessful, the parties shall then submit the dispute to arbitration (binding if the parties agree) in accordance with the Rules of the American Arbitration Association. In the event that arbitration fails, and provided that the parties have participated in the alternative dispute resolution resolution, provisions hereof in good faith, the aggrieved party may then commence litigation.
Appears in 2 contracts
Samples: Federal Facilities Agreement (Pc Connection Inc), Baycorp Holdings LTD
DISPUTES AND LITIGATION. 29.1. Except as provided below: In the event of a dispute between the ----- parties, it shall be a condition precedent to the initiation of any formal litigation in a court of competent jurisdiction that the parties shall meet have met face to face in a good faith effort to resolve the dispute directly between them. In the event that they are unsuccessful, each party agrees to submit the dispute to alternative dispute resolution, initially by mediation, and the parties shall equally share the expense of such mediation. In the event that mediation is unsuccessful, the parties shall then submit the dispute to arbitration (binding if the parties agree) in accordance with the Rules of the American Arbitration Association. In the event that arbitration fails, and provided that the parties have participated in the alternative dispute resolution resolution, provisions hereof in good faith, the aggrieved party may then commence litigation.
Appears in 1 contract
Samples: Bottomline Technologies Inc /De/