Disputes Mediation and Arbitration. Except for claims of immediate and irreparable harm relating to breaches of Confidentiality under this AGREEMENT all disputes (“Disputes”) arising in connection with this AGREEMENT which the parties are unable to resolve within three months of a determination by either party and notice to the other of such inability to resolve, will be submitted to non-binding mediation. Any mediation of a Dispute under this Section will be conducted by the American Arbitration Association (“AAA”) in accordance with the then- current “Rules for Commercial Mediation” (“Mediation Rules”). Each party to the mediation will bear its own expenses with respect to mediation, and the parties will share equally the fees and expenses of AAA and the mediator. Each party will be represented in the mediation by representatives having final settlement authority with respect to the Dispute(s). Any Dispute, other than a Dispute pertaining to technology transfers, confidentiality or intellectual property ownership and enforcement, not finally resolved within ninety (90) days after mediation in accordance with this Article 22: Disputes, Mediation and Arbitration will, upon the written demand of any involved party delivered to the other party and the AAA, be finally resolved through binding arbitration in accordance with the then-current AAA “Commercial Arbitration Rules”. Each party shall bear its own costs relating to resolution of disputes under this paragraph.
Disputes Mediation and Arbitration. 12.1 If any dispute should arise concerning performance under or interpretation of this Agreement, then, prior to, and as a condition to either E&S’s or VDC’s right to initiate any arbitration action, the Parties will take the following steps in an attempt to resolve any such dispute:
Disputes Mediation and Arbitration. All parties must attempt to resolve the dispute in good faith. No claims for damages may be requested by the Client outside tangible damages, with direct evidence linking the claim of damage to Boise River Lawns. In the event the agreement is terminated due to a dispute, Boise River Lawns is entitled to off-set expenses (labor and materials) provided on the job. Before a legal claim may be filed or a demand is presented for damages, the Client will give Boise River Lawns the opportunity to repair the damages or discrepancy by providing reasonable written notice. Failure to provide written notice within 3 days of the contract termination or the time of damage, renders the dispute void and unenforceable. If Boise River Lawns is not afforded the opportunity to fix the claim of damage, the Client’s claim is rendered void and unenforceable, and Boise River Lawns is entitled to full legal fees spent to resolve the dispute, regardless of if the dispute’s timeline or placement in the legal process. Any legal dispute, claim, or controversy arising from or relating to this Agreement must exclusively be resolved first by mediation with a single mediator selected by Boise River Lawns, with such mediation to be held in Canyon County, Idaho or Ada County, Idaho. If such mediation fails, then any such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the arbitration proceeding commences, except that (a) Idaho law and the Federal Arbitration Act must govern construction and effect, (b) the locale of any arbitration must be in Canyon County, Idaho, and (c) the arbitrator must with the award provide written findings of fact and conclusions of law. Any Party may seek from a court of competent jurisdiction any provisional remedy that may be necessary to protect its rights or assets pending the selection of the arbitrator or the arbitrator’s determination of the merits of the controversy. The exercise of such arbitration rights by any Party will not preclude the exercise of any self-help remedies (including without limitation, setoff rights) or the exercise of any non-judicial foreclosure rights. An arbitration award may be entered in any court having jurisdiction.
Disputes Mediation and Arbitration. If a dispute arises between the Landlord and Tenant arising out of or relating to this Lease, or the subject matter hereof, the Landlord and Tenant agree that they shall each make all reasonable efforts to resolve any such dispute on a timely basis through amicable negotiations. Disputes shall promptly be referred by each Party to their respective senior management representatives who have the authority to resolve and settle any such disputes on their behalf. In the event that such representatives cannot resolve the dispute within ten (10) days or such longer period as the Parties may agree in writing, either Party may elect, upon given prior written notice to the other Party, to resolve the matter through mediation or arbitration by a mutually acceptable mediator or arbitrator in accordance with the Arbitration Act, SNB, 2014, c.100, as amended, or litiga t ion proceedings in the courts of the Province of New Brunswick. Notwithstanding the foregoing, nothing in this section shall prevent the Landlord from exercising its rights of termination set out under this Lease in the circumstances described therein. It is further agreed by the Parties that they shall pay their own legal costs of any mediation, arbitration or litigation. Neither party may refer a dispute in respect of the following provisions of this Lease to mediation or arbitration:
Disputes Mediation and Arbitration
