Failure to Resolve Dispute. If any issue is not resolved at the meeting with the Neutral Advisor, either party may file appropriate administrative or judicial proceedings with respect to the issue that remains in dispute. No new issues may be included in the lawsuit without the mandatory procedures set forth in this section having first been followed.
Failure to Resolve Dispute. When the Committee reports that no mutually agreeable resolution is possible between the complainant and the recommending body, or when no report is forthcoming within the prescribed period of time, the appropriate administrator shall refer the matter back to the recommending body for review. The recommending body shall review the recommendation in light of the formal complaint, the comments, if any, of the Committee and comments, if any, from the appropriate administrator. Upon completion of the review, the recommending body shall make a new recommendation or confirm the original recommendation.
Failure to Resolve Dispute. If the dispute is not resolved, the parties may, in their independent discretion, exercise their legal rights or any other lawful entitlement or take no further action to resolve the dispute.
Failure to Resolve Dispute. If (a) any issue is not resolved at the meeting of the President and Chief Executive Officer within [*] after they first meet or (b) there is a dispute regarding payments made or due under this Agreement, either party may file appropriate administrative or judicial proceedings with respect to the issue in dispute. The parties agree to consider in good faith any proposals to address issues through alternative dispute resolution.
Failure to Resolve Dispute. If the Parties are unable to resolve the Dispute through this mandatory process, then any Party may proceed immediately to binding arbitration. If any Party fails for any reason to participate in any part of the mandatory dispute resolution process, then the other Party may proceed immediately to binding arbitration or may seek an injunction in court to require the other Party to participate in the mandatory dispute resolution proceeding.
Failure to Resolve Dispute. If the Parties are unable to resolve the dispute through mediation, any Disputing Party may submit the dispute to arbitration pursuant to Section 17.5.
Failure to Resolve Dispute. In the event that the Dispute(s) has not been resolved to the satisfaction of either Party within 30 days after the appointment of the Mediator either party may refer the Dispute to arbitration in accordance with paragraph 3.
Failure to Resolve Dispute. If the parties cannot resolve the dispute then the Landlord and Tenant will each appoint one person to meet and attempt to resolve the dispute in an atmosphere of good faith and on a commercially realistic basis. If agreement still cannot be reached in a reasonable time, then the matter will be escalated to the appropriate level in the respective departments/agencies. The Government Office Accommodation Committee can, if all previous efforts fail, be requested by either party to arbitrate on the dispute.
Failure to Resolve Dispute. If any Dispute is unable to be resolved in accordance with clause 17.1 within 10 Business Days, either party may submit the Dispute for resolution to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Failure to Resolve Dispute. (a) In the event that the parties are unable to resolve the dispute, the party with the Dispute may, at any time thereafter, pursue its claim in a court of competent jurisdiction. The parties (i) agree that any suit, action or proceeding arising out of or relating to this Agreement will be brought solely in state or federal courts of the State of Kansas, (ii) consent to the exclusive jurisdiction of such court in any suit, action or proceeding relating to arising out of this Agreement and (iii) waive any objection that it may have to the laying of venue in any such suit, action or proceeding in such court.
(b) Each party irrevocably consents to service of process in the manner provided for the giving of notices pursuant to this Agreement; provided that such service will be deemed to have been given only when actually received by such party. Nothing in this Agreement will affect the right of a party to serve process in another manner permitted by Law.
(c) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD PARTY CLAIM OR OTHERWISE.
