Disputes Under This Agreement. 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. Nothing in this section shall limit the Holder's right to obtain an injunction for a breach of this Agreement from a court of law.
Disputes Under This Agreement. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall attempt to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution (or agree in writing to mediate the dispute) within a period of 30 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and Mediation Procedures. The American Arbitration Association will select one arbitrator to resolve the dispute and the arbitration will be held in Phoenix, Arizona. Disputes, claims, questions, or disagreement that are based on intellectual property rights (including, but not limited to patent validity and infringement, trademark or copyright infringement, and misuse or disclosure of trade secrets) shall be submitted to a court of competent jurisdiction in the State of Arizona and are not subject to the arbitration procedures mandated by this clause. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. The procedures set forth in this Article shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement; provided, however, that a party may seek a preliminary injunction or other provisional judicial relief if, in its sole judgment, such action is necessary. Despite such action, the parties will continue to participate in good faith in the procedures specified in this Article. All applicable statutes of limitations and defenses based upon the passage of time shall be tolled while the procedures (including optional mediation) sp...
Disputes Under This Agreement. In the event that a claim for ----------------------------- payment or benefits under this Agreement is disputed, Employer shall advance to Employee all costs and expenses, (including attorneys' and other experts' fees) incurred by Employee, including any fees and expenses incurred in connection with Section 20 (collectively, "Employee Expenses"), ----------------- which advancement shall be on a "rolling" basis, in each case within five (5) days of presentation by Employee of invoices therefor.
Disputes Under This Agreement. From the execution of this Agreement through the effective date of reversion established by the Special Court, the Parties agree to arbitrate any dispute that arises in the performance or interpretation of this Agreement. Such arbitration shall be administered and conducted by the XxXxxxxx Group, Ltd. according to its standard arbitration rules governing at the time one of the Parties initiates a claim. The arbitrator shall be Justice Xxxx Xxxxx. In the event Justice Xxxxx is not available or is unwilling to serve, the arbitrator shall be such person as determined by agreement of the Parties or by the governing rules of XxXxxxxx. The fees for the arbitration services shall be borne equally by the Parties unless otherwise agreed. The Parties shall be represented by counsel in the arbitration. The law of Virginia shall govern. The arbitrator shall have the power to rule on her or his own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. After the effective date of reversion, any contested matter between the Parties that relates to this Agreement’s interpretation or performance, may be heard on application of either Party to the Special Court in accordance with § 15.2-4120 of the Virginia Code or, if such Special Court has dissolved, in a declaratory judgment action or other appropriate proceeding initiated on behalf of either Party in a federal court or a state court of appropriate jurisdiction; provided, however, the Parties shall jointly request that a judge designate from outside the Circuit or District be appointed to preside over any such proceeding in state court. For clarity, the mandatory arbitration provision contained herein shall expire as of the effective date of reversion. After the effective date of reversion, the Parties may mutually agree to submit any dispute to mediation or arbitration.
Disputes Under This Agreement. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable resolution satisfactory to both Parties. If the Parties do not reach such resolution within a period of 60 days from the date the dispute first arose, then, upon written notice by one Party to the other, all disputes, claims, questions, or differences shall be referred to non-binding mediation. The Parties shall mutually agree to the venue for any mediation or other alternative dispute resolution that arises out of this Agreement. The Parties shall share the cost of the mediator equally and each Party shall pay its own costs associated with mediation. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington, and the Parties agree that in any litigation, jurisdiction and venue shall be in the Superior Court in and for the County of Xxxxxxxx. In cases that require federal jurisdiction, the Parties agree that the appropriate venue is the U.S. District Court for the Western District of Washington. XXXX CLEAN WATER ALLIANCE By: _ Xxxxxxx X. Xxxxx, Executive Director Dated: STATE OF WASHINGTON ) ) ss COUNTY OF XXXXXXXX ) On this day and year above, personally appeared before me, Xxxxxxx X. Xxxxx, to me known to the Executive Director of the XXXX Clean Water Alliance, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and seal this day of _ , 2021. Notary Public and for the State of Washington, residing at County. My Commission expires: CITY OF TUMWATER By: _ STATE OF WASHINGTON ) ) ss COUNTY OF XXXXXXXX ) On this day and year above, personally appeared before me, , to me known to be the Mayor Pro Tem of grantor City of Tumwater, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipality for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and seal this d...
Disputes Under This Agreement. Subject to Section 14.1, any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the ICDR in accordance with its International Arbitration Rules and in accordance with the other provisions of this Section 14.
Disputes Under This Agreement a. If a dispute arises out of this Settlement Agreement, or the interpretation, breach, termination or validity thereof, each of the parties agrees to first request a meeting of senior management of the parties in a written notice that references this paragraph. That meeting shall occur at a mutually agreeable time within forty-five (45) days of any such written notice.
b. Neither party shall assert any claim of laches, waiver, estoppel or the like based on the time elapsed by following this procedure.
c. If the dispute is unresolved in whole or in part, the parties will submit the unresolved dispute to binding arbitration under the Patent Arbitration Rules of the American Arbitration Association ("AAA") in effect as of the Effective Date of this Agreement if the dispute concerns matters solely of patent law; if it does not, the Commercial Arbitration Rules of the AAA in effect as of the Effective Date of this Agreement. The arbitrator shall be an attorney experienced with patent licensing and patent litigation settlements. Any remedy granted by the arbitrator shall be limited to that available at law and equity. The arbitrator shall have the authority to award attorneys' fees, if appropriate. Any award may be entered in any court having jurisdiction thereof. The parties agree that any arbitration pursuant to this Section 8.9 shall be conducted in Washington, D.C. unless otherwise mutually agreed. The parties, their representatives, other participants and arbitrators shall hold the existence, content and result of arbitration in confidence, except as otherwise required or advisable in connection with securities filings or otherwise required by law.
d. This Settlement Agreement and matters connected with the performance thereof shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the United States of America and the State of New York, without reference to conflict of laws principles.
e. This Section V. shall not be construed as restricting or limiting either party's ability to immediately assert a license or other defense in any litigation or other proceeding against such party, such party's Subsidiaries, or its or their products or the resellers, distributors or customers of such products, regardless of jurisdiction or venue.
Disputes Under This Agreement. All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the placePlaceTypeCommonwealth of PlaceNameMassachusetts, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in placeCityBoston, StateMassachusetts 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 placePlaceTypeCommonwealth of PlaceNameMassachusetts. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing in this section shall limit the Holder's right to obtain an injunction for a breach of this Agreement from a court of law.
Disputes Under This Agreement. Any dispute in the interpretation of this agreement will be presented to the VISN CIO and VISN Chief of Clinical Engineering only after, and if, local negotiations have reached an impasse. Final arbitration may be obtained from the Network Director.
Disputes Under This Agreement. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Warrant (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of Denver, Colorado. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of Denver, Colorado for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of this Warrant), and hereby irrevocably waives, and agrees not to assert in any action, suit or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Warrant and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an action or proceeding to enforce any provisions of this Warrant, then the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.
