Failure to Resolve. If the Arbitral Dispute has not been resolved within sixty (60) days after the date of the response given pursuant to Section 11.8(b) above, or such additional time, if any, that the Parties mutually agree to in writing, or if the Party receiving such notice denies the applicability of the provisions of Section 11.8(b) or otherwise refuses to participate under the provisions of Section 11.8(b), either Party may initiate binding arbitration pursuant to the provisions of Section 11.8(d) below.
Failure to Resolve. Any dispute which the Parties cannot resolve through negotiation, mediation or any other form of ADR, within six (6) months of the date of the initial demand for mediation, may then be submitted to the appropriate court for resolution. The use of negotiation, mediation, or any other form of ADR procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party.
Failure to Resolve. If the Arbitral Dispute has not been resolved within 60 days after the date of the response given pursuant to Section 12.11(a) above, or such additional time, if any, that the Partners mutually agree to in writing, or if a Partner receiving such notice denies the applicability of the provisions of Section 12.11(a) or otherwise refuses to participate under the provisions of Section 12.11(a), either Partner may initiate binding arbitration pursuant to the provisions of Section 12.11(c) below.
Failure to Resolve. In the event that the Parties fail to reach agreement in the structured negotiations referred to in Clause 63.9 within forty (40) Working Days of the Mediator being appointed, or such longer period as may be agreed, then any Dispute between them may, subject to the agreement of both Parties, be referred to arbitration in accordance with Clause 63.17.
Failure to Resolve. Failing satisfactory settlement of the grievance in Step 2 above, the Association may refer the grievance to arbitration in accordance with Article VI of this Agreement, with the exception of grievances of matters specifically covered by the City of Winnipeg Act. Grievances involving the suspension or dismissal of Police Officers or other matters specifically covered by the City of Winnipeg Act (the Act) may be referred to the Chief Administrative Officer (CAO) or designate following the process and time limits provided for by the Act, as amended from time to time. Where a grievance is referred to the CAO or designate, the CAO shall meet with representatives of the Association within ten (10) days of the date on which written notice is served on the Assistant of the CAO. The CAO shall render his/her decision on the matter in writing to the Association, within seven (7) calendar days of the conclusion of such hearing. If the decision of the CAO or designate does not satisfactorily resolve the grievance, the Association may refer the matter to arbitration pursuant to Article VI of this Agreement.
Failure to Resolve. If a dispute between the parties is not resolved by mediation in accordance with the clause within 30 days of referral to mediation (unless such period is extended by agreement of the parties) it shall be and is hereby submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules. Notwithstanding the existence of a dispute or difference each party shall continue to perform the MOU’s obligations.
Failure to Resolve. Should the Parties be unable to resolve a dispute, the dispute will be finally resolved in accordance with the Rules of AFSA, by an arbitrator or arbitrators appointed by it.
Failure to Resolve. If a Dispute has not been resolved within sixty (60) days after the date of the response required to be given pursuant to Section 6.7(b), or such additional time, if any, that the Parties mutually agree to in writing, or if the Party receiving such notice of a Dispute denies the applicability of the provisions of Section 6.7(b) or otherwise refuses to participate under the provisions of Section 6.7(b), then, subject to the other provisions of this Agreement, either Party may pursue any remedies available to it at law or in equity.
Failure to Resolve. Failing satisfactory settlement of the grievance in Step above, the Association may refer the grievance to arbitration in accordance with Article VI of this Agreement, with the exception of grievances of matters specifically covered by the City of Winnipeg Act. Grievances involving the suspension or dismissal of Police Officers or other matters specifically covered by the City of Winnipeg Act (the Act) may be referred to the Chief Administrative Officer or designate following the process and time limits provided for by the Act, as amended from time to time. Where a grievance is referred to the or designate, the shall meet with representatives of the Association within ten days of the date on which written notice is served on the Assistant of the The shall render decision on the matter in writing to the Association, within seven (7) calendar days of the conclusion of such hearing. If the decision of the or designate does not satisfactorily resolve the grievance, the Association may refer the matter to arbitration pursuant to Article VI of this Agreement.
Failure to Resolve. The parties agree that in the event that Somnetics is not able to resolve a problem in the software product, Somnetics’ sole obligation shall be to take all reasonable efforts to rectify the same. If for any reason, other than that contributed by the End user, Somnetics fails to provide the required Support, and provided the failure in product hinders or prevents the End user from using a material part and functionality of the Software, the End user is entitled to terminate this Agreement forthwith by giving written notice to Somnetics, in which case Somnetics shall refund the prorate Support fee for the unexpired tenure.
