Common use of Disputes between the Parties Clause in Contracts

Disputes between the Parties. In the event of any dispute, claim, question or difference between or among any parties hereto relating to any matter, covenant, commitment or agreement provided for in these Terms & Conditions or arising between the parties relating to these Terms & Conditions which the parties are unable to resolve by discussion and negotiation, any party may by written notice (an “Arbitration Notice”) to the other parties, require same to be settled by arbitration pursuant to and in accordance with the following provisions: i. the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties involved who is qualified by education and training to pass upon the particular matter to be decided, or in the event of failure to agree within 10 business days from the giving of the Arbitration Notice, any party involved may apply to a Judge of the Ontario Superior Court of Justice to appoint an arbitrator; ii. the arbitrator shall be instructed that time is of the essence in proceeding with his/her determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within 30 days of the submission of such dispute to arbitration; iii. the arbitration shall take place in Toronto, Ontario; iv. in its arbitration award, the arbitrator may award any remedy for any breach of these Terms & Conditions that might have been awarded by the Ontario Superior Court of Justice except where the remedy for such breach has been expressly limited by these Terms & Conditions; v. the arbitration award shall be given in writing, and shall be final and binding on the parties and not subject to any appeal on a matter of law, a matter of fact, or a matter of mixed fact and law; vi. the arbitration award shall deal with the question of costs of arbitration and all matters related thereto; vii. judgment upon the award rendered may be entered in any court of competent jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be; viii. nothing herein will prevent the party who gave the Arbitration Notice from applying for injunctive relief pending such arbitration proceeding; ix. any arbitration hereunder shall be conducted in accordance with the provisions of the Arbitration Act, 1991 (Ontario) (as it may be amended or re‐enacted from time to time) except as varied or excluded by the provisions of this Section 32(d); and x. The parties will commence legal proceedings regarding a Dispute within six (6) months after the Dispute arises, after which time any and all legal proceedings by the Exhibitor regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

Disputes between the Parties. In the event of any dispute, claim, question or difference between or among any parties hereto relating to any matter, covenant, commitment or agreement provided for in these Terms & Conditions or arising between the parties relating to these Terms & Conditions which the parties are unable to resolve by discussion and negotiation, any party may by written notice (an “Arbitration Notice”) to the other parties, require same to be settled by arbitration pursuant to and in accordance with the following provisions: i. the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties involved who is qualified by education and training to pass upon the particular matter to be decided, or in the event of failure to agree within 10 business days from the giving of the Arbitration Notice, any party involved may apply to a Judge of the Ontario Superior Court of Justice to appoint an arbitrator; ii. the arbitrator shall be instructed that time is of the essence in proceeding with his/her determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within 30 days of the submission of such dispute to arbitration; iii. the arbitration shall take place in Toronto, Ontario; iv. in its arbitration award, the arbitrator may award any remedy for any breach of these Terms & Conditions that might have been awarded by the Ontario Superior Court of Justice except where the remedy for such breach has been expressly limited by these Terms & Conditions; v. the arbitration award shall be given in writing, and shall be final and binding on the parties and not subject to any appeal on a matter of law, a matter of fact, or a matter of mixed fact and law; vi. the arbitration award shall deal with the question of costs of arbitration and all matters related thereto; vii. judgment upon the award rendered may be entered in any court of competent jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be; viii. nothing herein will prevent the party who gave the Arbitration Notice from applying for injunctive relief pending such arbitration proceeding; ix. any arbitration hereunder shall be conducted in accordance with the provisions of the Arbitration Act, 1991 (Ontario) (as it may be amended or re‐enacted re-enacted from time to time) except as varied or excluded by the provisions of this Section 32(d); and x. The parties will commence legal proceedings regarding a Dispute within six (6) months after the Dispute arises, after which time any and all legal proceedings by the Exhibitor regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

Disputes between the Parties. In the event of any dispute, claim, question or difference between or among any parties hereto relating to any matter, covenant, commitment or agreement provided for in these Terms & Conditions or arising between the parties relating to these Terms & Conditions which the parties are unable to resolve by discussion and negotiation, any party may by written notice (an “Arbitration Notice”) to the other parties, require same to be settled by arbitration pursuant to and in accordance with the following provisions: i. (i) the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties involved who is qualified by education and training to pass upon the particular matter to be decided, or in the event of failure to agree within 10 business days from the giving of the Arbitration Notice, any party involved may apply to a Judge of the Ontario Superior Court of Justice to appoint an arbitrator; (ii. ) the arbitrator shall be instructed that time is of the essence in proceeding with his/her determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within 30 days of the submission of such dispute to arbitration; (iii. ) the arbitration shall take place in Toronto, Ontario; (iv. ) in its arbitration award, the arbitrator may award any remedy for any breach of these Terms & Conditions that might have been awarded by the Ontario Superior Court of Justice except where the remedy for such breach has been expressly limited by these Terms & Conditions; v. (v) the arbitration award shall be given in writing, and shall be final and binding on the parties and not subject to any appeal on a matter of law, a matter of fact, or a matter of mixed fact and law; (vi. ) the arbitration award shall deal with the question of costs of arbitration and all matters related thereto; (vii. ) judgment upon the award rendered may be entered in any court of competent jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be; (viii. ) nothing herein will prevent the party who gave the Arbitration Notice from applying for injunctive relief pending such arbitration proceeding; (ix. ) any arbitration hereunder shall be conducted in accordance with the provisions of the Arbitration Act, 1991 (Ontario) (as it may be amended or re‐enacted re-enacted from time to time) except as varied or excluded by the provisions of this Section 32(d27(d); and x. (x) The parties will commence legal proceedings regarding a Dispute within six (6) months after the Dispute arises, after which time any and all legal proceedings by the Exhibitor regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

Disputes between the Parties. In the event of any dispute, claim, question or difference between or among any parties hereto relating to any matter, covenant, commitment or agreement provided for in these Terms & C Conditions or arising between the parties relating to these Terms & C Conditions which the parties are unable to resolve by discussion and negotiation, any party may by written notice (an “Arbitration Notice”) to the other parties, require same to be settled by arbitration pursuant to and in accordance with the following provisions: i. the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties involved who is qualified by education and training to pass upon the particular matter to be decided, or in the event of failure to agree within 10 business days from the giving of the Arbitration Notice, any party involved may apply to a Judge of the Ontario Superior Court of Justice to appoint an arbitrator; ii. the arbitrator shall be instructed that time is of the essence in proceeding with his/her determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within 30 days of the submission of such dispute to arbitration; iii. the arbitration shall take place in Toronto, Ontario; iv. in its arbitration award, the arbitrator may award any remedy for any breach of these Terms & C Conditions that might have been awarded by the Ontario Superior Court of Justice except where the remedy for such breach has been expressly limited by these Terms & C Conditions; v. the arbitration award shall be given in writing, and shall be final and binding on the parties and not subject to any appeal on a matter of law, a matter of fact, or a matter of mixed fact and law; vi. the arbitration award shall deal with the question of costs of arbitration and all matters related thereto; vii. judgment upon the award rendered may be entered in any court of competent jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be; viii. nothing herein will prevent the party who gave the Arbitration Notice from applying for injunctive relief pending such arbitration proceeding; ix. any arbitration hereunder shall be conducted in accordance with the provisions of the Arbitration Act, 1991 1SS1 (Ontario) (as it may be amended or re‐enacted re-enacted from time to time) except as varied or excluded by the provisions of this Section 32(d); and x. The parties will commence legal proceedings regarding a Dispute within six (6) months after the Dispute arises, after which time any and all legal proceedings by the Exhibitor regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.six

Disputes between the Parties. In the event of any dispute, claim, question or difference between or among any parties hereto relating to any matter, covenant, commitment or agreement provided for in these Terms & Conditions or arising between the parties relating to these Terms & Conditions which the parties are unable to resolve by discussion and negotiation, any party may by written notice (an “Arbitration Notice”) to the other parties, require same to be settled by arbitration pursuant to and in accordance with the following provisions: i. (i) the arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties involved who is qualified by education and training to pass upon the particular matter to be decided, or in the event of failure to agree within 10 business days from the giving of the Arbitration Notice, any party involved may apply to a Judge of the Ontario Superior Court of Justice to appoint an arbitrator; (ii. ) the arbitrator shall be instructed that time is of the essence in proceeding with his/her determination of any dispute, claim, question or difference and, in any event, the arbitration award must be rendered within 30 days of the submission of such dispute to arbitration; (iii. ) the arbitration shall take place in Toronto, Ontario; (iv. ) in its arbitration award, the arbitrator may award any remedy for any breach of these Terms & Conditions that might have been awarded by the Ontario Superior Court of Justice except where the remedy for such breach has been expressly limited by these Terms & Conditions; v. (v) the arbitration award shall be given in writing, and shall be final and binding on the parties and not subject to any appeal on a matter of law, a matter of fact, or a matter of mixed fact and law; (vi. ) the arbitration award shall deal with the question of costs of arbitration and all matters related thereto; (vii. ) judgment upon the award rendered may be entered in any court of competent jurisdiction, or, application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be; (viii. ) nothing herein will prevent the party who gave the Arbitration Notice from applying for injunctive relief pending such arbitration proceeding; (ix. ) any arbitration hereunder shall be conducted in accordance with the provisions of the Arbitration Act, 1991 (Ontario) (as it may be amended or re‐enacted from time to time) except as varied or excluded by the provisions of this Section 32(d27(d); and x. (x) The parties will commence legal proceedings regarding a Dispute within six (6) months after the Dispute arises, after which time any and all legal proceedings by the Exhibitor regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.