DISPUTES UNDER THIS SUBCONTRACT Sample Clauses

DISPUTES UNDER THIS SUBCONTRACT. This paragraph A governs all claims, controversies or disputes arising out of or relating to this Subcontract or its breach ("Disputes") that are not directly or indirectly subject to resolution under the Disputes Clause of the Prime Contract. Any Dispute that is not disposed of by written mutual agreement will be preliminarily determined by SwRI's Authorized Representative, who will within 15 days render a preliminary written determination on the issues in dispute and furnish a copy thereof to the Subcontractor. The preliminary determination will become final and conclusive unless the Subcontractor submits a written demand for arbitration to the American Arbitration Association within 30 days of the preliminary
Sample 1
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DISPUTES UNDER THIS SUBCONTRACT. If any dispute arises under this Agreement that is not settled promptly in the ordinary course of business, the parties shall seek to resolve any such dispute between them, first, by negotiating promptly with each other in good faith in face-to-face negotiations. These negotiations shall be conducted by a designated senior management representative of each party, who was not previously involved in the dispute. If the parties are unable to resolve the dispute within twenty (20) business day (or such period as the parties shall otherwise agree) through these face-to-face negotiations, then any such dispute shall be resolved in the following manner.
Sample 1
DISPUTES UNDER THIS SUBCONTRACT. This paragraph A governs all claims, controversies or disputes arising out of or relating to this Subcontract or its breach ("Disputes") that are not directly or indirectly subject to resolution under the Disputes Clause of the Prime Contract. Any Dispute that is not disposed of by written mutual agreement will be preliminarily determined by SwRI's Authorized Representative, who will within 15 days render a preliminary written determination on the issues in dispute and furnish a copy thereof to the Subcontractor. The preliminary determination will become final and conclusive unless the Subcontractor submits a written demand for arbitration to the American Arbitration Association within 30 days of the preliminary determination. The Dispute will then be arbitrated, pursuant to the Commercial Rules of the American Arbitration Association, before a panel of three arbitrators. The "preliminary determination" will not bind the arbitrators and will not prejudice the legal position of either party in the arbitration. One of the arbitrators will be selected by each party, and the third arbitrator will be selected by the two party-appointed arbitrators. Any such arbitration will be held in the _____________ metropolitan area. The parties will share the costs of the arbitration equally subject to final apportionment by the arbitrators. The arbitrators will apply the law chosen by the parties to govern this Subcontract. The decision of the arbitrators may be entered in any court of competent jurisdiction. Neither party will institute any action or proceeding against the other party in any court concerning any Dispute that is or could be the subject of a claim or proceeding under this paragraph A. The arbitrators shall not award exemplary or punitive damages to either party.
Sample 1

Related to DISPUTES UNDER THIS SUBCONTRACT

  • Payments under this Agreement In the event that one party (the “Owing Party”) is required to make a payment to another party (the “Owed Party”) pursuant to this Agreement, then such payments shall be made according to this Section 7.05.

  • Interest Under This Agreement Anything herein to the contrary notwithstanding, to the extent one Company (“Indemnitor”) makes a payment of interest to another Company (“Indemnitee”) under this Agreement with respect to the period from the date that the Indemnitee made a payment of Tax to a Tax Authority to the date that the Indemnitor reimbursed the Indemnitee for such Tax payment, the interest payment shall be treated as interest expense to the Indemnitor (deductible to the extent provided by law) and as interest income by the Indemnitee (includible in income to the extent provided by law). The amount of the payment shall not be adjusted to take into account any associated Tax Benefit to the Indemnitor or increase in Tax to the Indemnitee.

  • Persons Having Rights under this Agreement Nothing in this Agreement shall be construed to confer upon, or give to, any person or corporation other than the parties hereto and the Registered Holders of the Warrants any right, remedy, or claim under or by reason of this Agreement or of any covenant, condition, stipulation, promise, or agreement hereof. All covenants, conditions, stipulations, promises, and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties hereto and their successors and assigns and of the Registered Holders of the Warrants.

  • Conditions to Obligations of Each Party Under This Agreement The respective obligations of Buyer and Seller to consummate the transactions contemplated hereby shall be subject to the satisfaction at or prior to the Closing of the following conditions, any or all of which may be waived by Buyer and Seller, as the case may be in whole or in part, to the extent permitted by applicable Law:

  • Conditions to Each Party’s Obligations under this Agreement The respective obligations of each party under this Agreement shall be subject to the fulfillment at or prior to the Closing Date of the following conditions, none of which may be waived:

  • Performance Under this Guaranty In the event that Borrower fails to make any payment of any Guarantied Obligations, on or prior to the due date thereof, or if Borrower shall fail to perform, keep, observe, or fulfill any other obligation referred to in clause (b) of Section 2 of this Guaranty in the manner provided in the Credit Agreement or any other Loan Document, Guarantor immediately shall cause, as applicable, such payment in respect of the Guarantied Obligations to be made or such obligation to be performed, kept, observed, or fulfilled.

  • ASSIGNMENT TERMINATES THIS CONTRACT; AMENDMENTS OF THIS CONTRACT This Contract shall automatically terminate, without the payment of any penalty, in the event of its assignment; and this Contract shall not be amended unless such amendment is approved at a meeting by the affirmative vote of a majority of the outstanding shares of the Fund, and by the vote, cast in person at a meeting called for the purpose of voting on such approval, of a majority of the Trustees of the Trust who are not interested persons of the Trust or of the Manager.

  • Persons Having Rights under this Warrant Agreement Nothing in this Warrant Agreement expressed and nothing that may be implied from any of the provisions hereof is intended, or shall be construed, to confer upon, or give to, any person or corporation other than the parties hereto and the Holders any right, remedy, or claim under or by reason of this Warrant Agreement or of any covenant, condition, stipulation, promise, or agreement hereof.

  • Labor Disputes and Acts of God Neither the business nor the properties of the Borrower or any Subsidiary or any Guarantor are affected by any fire, explosion, accident, strike, lockout, or other labor dispute, drought, storm, hail, earthquake, embargo, act of God or of the public enemy, or other casualty (whether or not covered by insurance), materially and adversely affecting such business or properties or the operation of the Borrower or such Subsidiary or such Guarantor.

  • Other Provisions applicable to Adjustments under this Section The following provisions shall be applicable to the making of adjustments of the number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect provided for in this Section 4:

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