Disputes subject to mediation and arbitration Sample Clauses

Disputes subject to mediation and arbitration. Any dispute arising out of or in connection with this Agreement or the subject matter of this Agreement including, without limitation, shall first be referred to a nominated representative of both Parties and if still not resolved by such persons within 15 (fifteen) days , such matter shall be decided by arbitration as set out in the remainder of this clause.
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Disputes subject to mediation and arbitration. The provisions of this Article 17 shall in no way limit the following even though it may be before, after, or during the pendency of any Accelerated Trial: (a) the right of Landlord to obtain a judgment for unlawful detainer, ejectment or the like from a court of competent jurisdiction; or (b) the right of any party to exercise self-help remedies; or (c) the right of any party to obtain equitable, provisional or ancillary remedies (such as, but not limited to, temporary restraining orders or preliminary or permanent injunctions) from a court of competent jurisdiction. The parties agree that the Superior Court of the State of California, in and for the County, shall have exclusive jurisdiction over all such matters. The exercise of any such right or remedy by a party shall not waive the right of that party to resort to an Accelerated Trial.
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Disputes subject to mediation and arbitration. Any dispute between the parties relating to the Construction Documents will be resolved solely by mediation and arbitration in accordance with the provisions of this Paragraph 2.9.
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Disputes subject to mediation and arbitration. Disputes between the parties relating to the interpretation and enforcement of their rights and obligations under this Lease shall be resolved by mediation and arbitration in accordance with the Provisions of Paragraphs 34.3, et seq., of this Lease, with the exception that Landlord, at its sole discretion, may elect to proceed instead with an unlawful detainer action in Superior Court for San Mateo County in the event that Tenant defaults through failure to pay minimum or percentage rents when due under the terms of this Lease or any action to obtain a temporary restraining order or equivalent temporary relief to maintain the status quo and preserve either parties’ ability to enforce the provisions of the Lease.
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Disputes subject to mediation and arbitration. Save as may be expressly provided for elsewhere in this Agreement for the resolution of particular disputes, any other dispute arising out of or in connection with this Agreement or the subject matter of this Agreement, including without limitation, any dispute concerning: 15.2.1 the existence of the Agreement apart from this clause; 15.2.2 the interpretation and effect of the Agreement; 15.2.3 the Parties' respective rights or obligations under the Agreement; 15.2.4 the rectification of the Agreement; 15.2.5 the breach, termination or cancellation of the Agreement or any matter arising out of the breach, termination or cancellation; 15.2.6 damages arising in delict, compensation for unjust enrichment or any other claim, whether or not the rest of the Agreement apart from this clause is valid and enforceable, shall be referred to mediation as set out in 15.3
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Related to Disputes subject to mediation and arbitration

  • Mediation and Arbitration 27.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this agreement or any breach thereof. If such dispute cannot be settled amicably, through ordinary negotiations by the parties, the dispute shall be referred to the senior representative nominated by the Managing Director or Managing Partner of each party, who will meet in good faith in order to resolve the dispute. If the dispute is not resolved as a result of such meeting, either party may, within 7 (seven) days of its conclusion, propose to the other in writing that structured negotiations be entered into with the assistance of a mediator. 27.2 If the parties are unable to agree on a mediator, or if the mediator agreed upon is unwilling or unable to act, any party may within 7 (seven) days from the date of the proposal to appoint a mediator, or within 7 (seven) days of notice to any party that is unwilling or unable to act, apply to the Arbitration Foundation of South Africa (AFSA) to appoint a mediator. 27.3 The parties will, within 7 (seven) days of the appointment of the mediator, meet with him in order to agree on a program for the exchange of any information and the structure to be adopted for the negotiation to be held in Pretoria or Johannesburg. 27.4 All negotiations connected with the dispute will be conducted in complete confidentiality and the parties undertake not to divulge details of such negotiations, except to their professional advisors, who will also be subject to such confidentiality and will be without prejudice to the rights of the parties in future proceedings. 27.5 If the parties accept the mediator’s recommendations, or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and once, it is signed by the duly authorised representatives, shall be final and binding on the parties. 27.6 Failing agreement, any of the parties may invite the mediator to provide a non-binding, but informative opinion in writing as to the merits of the dispute and the rights and obligations of the parties. Such opinion will be provided on a without prejudice basis and will be private and confidential to the parties and may not be used in evidence in any proceedings commenced pursuant to the terms of this agreement, without the prior written consent of all the parties. 27.7 Should the parties fail to reach agreement in the structured negotiations within 30 (thirty) days of the mediator being appointed, such a failure shall be without prejudice to the right of any party, subsequently to refer any dispute or difference to arbitration, but the parties agree that, before resorting to arbitration, the structured negotiations in accordance with this clause shall have taken place. 27.8 That arbitration shall be held – 27.8.1 with only the parties and their representatives including their legal representatives, present thereat; 27.

  • Claims Not Subject to Arbitration 13.6.3.1 If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism: 13.6.3.1.1 Actions seeking a temporary restraining order or an injunction related to the purposes of this Agreement. 13.6.3.1.2 All claims arising under federal or state statute(s), including antitrust claims.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

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