Exclusive Dispute Resolution Procedure Sample Clauses

Exclusive Dispute Resolution Procedure. In the event either party contends the other has not complied with a provision of this Agreement or asserts any claims under ERISA, other than the Non-Compete Agreements (which are specifically excluded from this procedure), prior to seeking arbitration as provided for below, the party claiming a violation of this Agreement, shall advise the other party, in writing, of the specifics of the claim, including the specific provision alleged to have been violated, as well as provide the other party with any supporting documentation the party desires to produce at that time. If the Company is disputing amounts that Executive contends are due to him, the Company shall provide a complete statement of the amount it is disputing, the reason it is disputing it, and supporting documentation upon request by Executive. The parties will thereafter meet and attempt to resolve their differences in a period not to exceed thirty (30) days, unless the parties agree in writing to mutually extend the time for one additional thirty (30) day period. Following such attempts to resolve any such dispute, either party may require arbitration of the other. In order to do so, the request must be timely made, in writing, and delivered to the other party (Executive or the Chief Executive Officer) within thirty (30) days following the end of the resolution period (or any valid extension thereof) referenced herein above. The parties hereto agree that any controversy or claim arising out of or relating to this Agreement, or any dispute arising out of the interpretation or application of this Agreement, which the parties hereto are unable to resolve as provided for above, shall be finally resolved and settled exclusively by arbitration in the city where the Company’s headquarters are then located or such other location as the parties may agree, by a single arbitrator in accordance with the substantive laws of the State of Texas to the extent not preempted by the Employee Retirement Income Security Act, which shall govern all applicable benefits issues, in keeping with the above required procedure. If the parties cannot agree upon an arbitrator, then each party shall choose its own independent representative, and those independent representatives shall choose the single arbitrator within thirty (30) days of the date of the selection of the first independent representative. The legal expenses of each party shall be borne by them respectively. However, the cost and expenses of the arbitrator in...
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Exclusive Dispute Resolution Procedure. The Parties recognize that Disputes may arise from time to time. It is the Parties’ intention to resolve all Disputes as quickly and cost effectively as possible. In furtherance of that objective, and except as the Agreement otherwise expressly provides and except for any claims for equitable relief, the Parties will resolve all Disputes without resort to litigation exclusively by means of the procedures for which this Section 41 provides. Notwithstanding the immediately preceding sentence, Client or Attorney may at any time seek temporary or permanent injunctive or other equitable relief with respect to any breach of under the Agreement by the other party, without first resorting to the dispute resolution procedures for which this Section 41 provides.
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Exclusive Dispute Resolution Procedure. The arbitration procedure contained in this Section 10 shall be the exclusive dispute resolution procedure available to the Parties with respect to any and all Disputes.
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Exclusive Dispute Resolution Procedure. The Parties recognize that Disputes may arise from time to time. It is the Parties’ intention to resolve all Disputes as quickly and cost effectively as possible. In furtherance of that objective, and except as the Agreement otherwise expressly provides and except for any claims for equitable relief, the Parties will resolve all Disputes without resort to litigation exclusively by means of the procedures for which this Section 42 provides. Notwithstanding the immediately preceding sentence, Client or Attorney may at any time seek temporary or permanent injunctive or other equitable relief with respect to any breach of under the Agreement by the other party, without first resorting to the dispute resolution procedures for which this Section 42 provides. 42.3 Negotiation If either Party (the “Initiating Disputant”) believes that a Dispute exists between the Initiating Disputant and the other Party (the “Responding Disputant” and, together with the Initiating Disputant, the “Disputants”), the Initiating Disputant may in its sole discretion give to the Responding Disputant a Notice (a “Dispute Negotiation Initiation Notice”) of such Dispute (the “Subject Dispute”). The Initiating Disputant will describe in reasonable detail in the Dispute Negotiation Initiation Notice all material facts and circumstances the Initiating Disputant believes are relevant to the Subject Dispute and will propose in the Dispute Negotiation Initiation Notice a resolution to the Subject Dispute. Promptly, and in any event within five Business Days, after the Responding Disputant receives the Dispute Negotiation Initiation Notice, the Responding Disputant will give to the Initiating Disputant a Notice (a “Dispute Negotiation Response Notice”) responding to the Dispute Negotiation Initiation Notice. The Responding Disputant will respond in reasonable detail in the Dispute Negotiation Response Notice with all additional or different material facts and circumstances the Responding Disputant believes are relevant to the Subject Dispute and expressly accept or reject the Initiating Disputant’s proposed resolution of the Subject Dispute. If the Responding Disputant rejects the Initiating Disputant’s proposed resolution of the Subject Dispute, the Responding Disputant will propose in the Dispute Negotiation Response Notice a different resolution to the Subject Dispute. After the Initiating Disputant receives the Dispute Negotiation Response Notice, the Disputants will negotiate in good faith w...
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Exclusive Dispute Resolution Procedure. If the Parties are not able to reach a negotiated resolution of any dispute that is the subject of a Dispute Notice within thirty (30) days after one Party first receives a Dispute Notice from the other, such dispute shall be resolved either in accordance with the provisions of Schedule D attached hereto or in a proceeding before the NEB. Except for matters within the jurisdiction of the NEB, the provisions of Schedule D shall be the Parties’ exclusive remedy for all disputes arising out of or relating to this Agreement.
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Exclusive Dispute Resolution Procedure. Subject to clause 17.1 the arbitration procedure set out under clause 17.4 shall be the sole and exclusive procedure applicable to the resolution of any and all Disputes.
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Related to Exclusive Dispute Resolution Procedure

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed:

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Xxx Xxxxx County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

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