Common use of Facilitative Mediation Clause in Contracts

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Share Purchase Agreement (Smart & Final Inc/De), Asset Purchase Agreement (Smart & Final Inc/De)

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Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 14(b) hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Smart & Final Inc/De), Share Purchase Agreement (Smart & Final Inc/De)

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 12.4 hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Smart & Final Inc/De), Share Purchase Agreement (Smart & Final Inc/De)

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 6.B hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Share Purchase Agreement (Smart & Final Inc/De), Asset Purchase Agreement (Smart & Final Inc/De)

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 11.2 hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 2 contracts

Samples: Share Purchase Agreement (Smart & Final Inc/De), Asset Purchase Agreement (Smart & Final Inc/De)

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Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 9.B hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 2 contracts

Samples: Share Purchase Agreement (Smart & Final Inc/De), Asset Purchase Agreement (Smart & Final Inc/De)

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 9.B hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration 17 <PAGE> Association (the "AAA") in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 1 contract

Samples: Asset Purchase Agreement

Facilitative Mediation. The parties to an Agreement Dispute shall first attempt to resolve such Agreement Dispute by means of a mediation conducted in the following manner. A party desiring mediation of any Agreement Dispute shall give or shall have given a written notice, in the manner set forth in Section 5 11.2 hereof (a "Dispute Notice"), to the other party or parties setting forth the nature of the dispute and the relief intended to be sought and shall submit such Agreement Dispute for resolution by facilitative mediation in Chicago, Illinois, under the Commercial Mediation Rules (but not otherwise under the auspices) of the American Arbitration Association (the "AAA") -11- <PAGE> in effect on the date of this Agreement, unless the parties have agreed, in writing, to resolve any such dispute by other means. Each party agrees that it will submit to and shall not challenge or object to the jurisdiction (either personal or subject matter) or the venue of such mediation in Chicago, Illinois.

Appears in 1 contract

Samples: Asset Purchase Agreement

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