DISPUTES PROVISION. (a) The provisions of this Section 9 shall constitute the Contractor's sole means for challenging or disputing any determination, order or other action of the Contracting Officer under or relating to the Agreement or otherwise asserting against the Authority any claim of whatever nature arising under, or in any way relating to, the Agreement (any such challenge or assertion by Contractor shall be herein referred to as a "Dispute"). (b) In the event a Dispute arises, the Dispute shall promptly be brought to the attention of the Contracting Officer. The Contractor and the Contracting Officer shall attempt to resolve the Dispute by mutual agreement after informal discussions between the Contractor and the Contracting Officer. (c) In the event that the parties are unable to reach a mutually acceptable resolution of any Dispute, the Contracting Officer shall issue a final determination setting forth the relief, if any, to which the Contracting Officer believes the Contractor or the Authority is entitled. Such determination shall be final and binding upon the parties unless it is challenged in accordance with the Authority’s procurement regulations. The Contractor acknowledges and agrees that the dispute resolution process established in the Authority’s procurement regulations shall be its sole remedy by which to challenge the Contracting Officer’s determination.

DISPUTES PROVISION. Any dispute, difference or disagreement between Builder and Purchaser arising out of the performance of this Contract and not otherwise provided for in Article I or the last paragraph of this Article XIX, this Contract shall promptly be referred to arbitration as described in this Article XIX upon notice given by either party hereto. Within ten (10) days after the party instituting arbitration (the "Instituting Party") has so notified the other, the Instituting Party shall appoint one arbitrator and notify the other party of such appointment. Within ten (10) days after receipt of notice of selection of one arbitrator, the other party shall appoint one arbitrator, and the two arbitrators so selected shall then select a third arbitrator (collectively, the "Arbitrators"). The Arbitrators shall be business people. If within ten (10) days, the two arbitrators so selected shall not have selected a third arbitrator, either the Builder or Purchaser may request the American Arbitration Association to select such third arbitrator. The Arbitrators shall take an oath of impartiality, and the decision of a majority of the Arbitrators selected by either method aforementioned shall be final and binding upon both parties; provided, however, the Arbitrators shall be bound by the provisions of this Contract where applicable and shall have no authority to alter any such provision in any way. Any decision, award or remedy by the Arbitrators that is in contravention of the provisions of this Contract, including but not limited to the limitations on consequential damages, punitive damages, liquidated damages and warranty, shall not be binding on the parties hereto. Any such arbitration shall be conducted in New Orleans, Louisiana, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, provided, any arbitration instituted pursuant to this Article XIX shall be subject to the Federal Rules of Civil Procedure and the Federal Rules of Evidence, including the provisions of such rules governing production of evidence and discovery. Expedited arbitration shall be utilized wherever permitted by these rules. The arbitration decision shall be binding on the parties hereto. Unless otherwise provided in this Contract, pending final decision of a dispute under arbitration, the Builder and Purchaser shall respectively proceed diligently with the performance of the Contract. It is further agreed that performance of the obligations of the parties (including...

DISPUTES PROVISION. 50 13.14 Confirmation of Compliance with Lease............................................................ 52 13.15 Lessee's warranty................................................................................ 53 13.16 No merger........................................................................................ 53 13.17 Exclusion of moratorium.......................................................................... 53 14. CONTAMINATION...................................................................................... 53 14.1 Definitions....................................................................................... 53 14.2 Existing Contamination and Commonwealth Remediation............................................... 54 14.3

DISPUTES PROVISION. 13.13.1 The parties must act reasonably and promptly and endeavour in good faith to resolve any dispute between them.

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Disputes Procedure 12.1 If a dispute relating to a Script covered by this Agreement arises between a Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel which shall consist of the Head of Talent & Rights Negotiation Group the relevant head of the production department and two of the Writer, the Writer’s representative or representative of the Society, the WGGB or the PMA, at the Writer’s election. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to accept or reject a Script. 12.2 Any dispute regarding the interpretation of this Agreement or the interpretation of an individual contract between the BBC and a writer of a Script covered by this Agreement which cannot be resolved by discussion between the parties shall be referred to an Arbitration Committee consisting of two representatives of the BBC and any two of the Writer or Writer’s representative or representative of the Society, the Guild or the PMA as the case may be. Failing settlement it shall then be referred to a single Arbitrator mutually acceptable to both sides who shall determine the issue and whose decision shall be binding on both parties. 12.3 Clause 12.2 shall not apply to disputes arising under clause 12.1, 16.1 and 20-25.
Disputes, Etc Prompt written notice of (i) any claims, legal or arbitration proceedings, proceedings before any Governmental Authority, or disputes, or to the knowledge of the Borrower threatened, or affecting the Borrower, or any of its Subsidiaries which, if adversely determined, could reasonably be expected to cause a Material Adverse Change, or any material labor controversy of which the Borrower or any of its Subsidiaries has knowledge resulting in or reasonably considered to be likely to result in a strike against the Borrower or any of its Subsidiaries and (ii) any claim, judgment, Lien or other encumbrance (other than a Permitted Lien) affecting any Property of the Borrower or any Subsidiary if the value of the claim, judgment, Lien, or other encumbrance affecting such Property shall exceed $1,000,000;
Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
GOVERNING LAW; DISPUTES SUBMITTED TO ARBITRATION All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Boston, Massachusetts before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the Commonwealth of Massachusetts. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
Disputes and Governing Law This Agreement shall be construed in accordance with the laws of the PRC. Any disputes that arise in connection with this Agreement shall be litigated in courts located within the Pudong New Area, Shanghai, the PRC.
Disputes Subject to Arbitration Any claim, dispute or controversy arising out of this Agreement (other than claims relating to misuse or misappropriation of the intellectual property of the Company), the interpretation, validity or enforceability of this Agreement or the alleged breach thereof shall be submitted by the parties to binding arbitration by a sole arbitrator under the rules of the American Arbitration Association; provided, however, that (a) the arbitrator shall have no authority to make any ruling or judgment that would confer any rights with respect to the trade secrets, confidential and proprietary information or other intellectual property of the Company upon the Executive or any third party; and (b) this arbitration provision shall not preclude the Company from seeking legal and equitable relief from any court having jurisdiction with respect to any disputes or claims relating to or arising out of the misuse or misappropriation of the Company’s intellectual property. Judgment may be entered on the award of the arbitrator in any court having jurisdiction.
Litigation Matters If the FDIC Party and the Assuming Institution do not agree to submit the Dispute Item to arbitration, the Dispute Item may be resolved by litigation in accordance with Federal or state law, as provided in Section 13.10 of the Purchase and Assumption Agreement. Any litigation shall be filed in a United States District Court in the proper district.
Disputes and Law I1 Governing Law and Jurisdiction
Litigation, Labor Controversies, etc There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy affecting the Borrower or any of its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which could reasonably be expected to have a Material Adverse Effect, except as disclosed in Item 6.7 ("Litigation") of the Disclosure Schedule.
Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT OR RELATED IN ANY WAY TO EXECUTIVE’S EMPLOYMENT AND/OR TO THE TERMINATION OF EXECUTIVE’S EMPLOYMENT AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

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