Final Dispute Resolution Sample Clauses

Final Dispute Resolution. 17.1. VENUE OF FINAL DISPUTE RESOLUTION 17.1.1. Choice of Law 17.1.2. Venue
Sample 1Sample 2
AutoNDA by SimpleDocs
Final Dispute Resolution. The Subcontractor agrees that all claims, disputes and other matters in question between the Subcontractor and the Contractor arising out of or related to the Subcontract or the breach thereof, except as specifically governed by Paragraph 11.2 above, and except for claims which have been waived by the making and acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (the “AAA”) then obtaining, at the sole option of the Contractor. However, should the Subcontractor desire to file a demand for arbitration, it must first provide thirty (30) days advance written notice to the Contractor of its intention to do so, as a further condition precedent to arbitration. Thereafter, the Contractor shall have thirty (30) days to notify Subcontractor that it will accept or reject arbitration of the dispute. If the Contractor notifies Subcontractor that it accepts arbitration of the dispute, the Subcontractor may then, and only then, file its demand for arbitration with the AAA and the arbitration shall occur in the county within Florida where the Project is located. If the Contractor fails to respond within thirty (30) days, or responds and rejects arbitration, then the dispute may be submitted to any court of competent jurisdiction within the county within Florida where the Project is located. The filing of a demand for arbitration by the Contractor shall be deemed an election to arbitrate and shall constitute the exercise of the option of the Contractor to proceed with arbitration. The Contractor may join or consolidate arbitration or litigation with the Owner, Architect, any other Subcontractor, or any other party having an interest in any such arbitration or litigation proceeding. This agreement to arbitrate at the option of Contractor shall be specifically enforceable under applicable law in any court having jurisdiction within the county within Florida where the Project is located. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof within the county within Florida where the Project is located.
Sample 1Sample 2
Final Dispute Resolution. 17.2.1 Any unresolved dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be brought in the federal or state court of jurisdiction in New Jersey. PS20-092 APPENDIX 3
Sample 1
Final Dispute Resolution. If Recommendations are not accepted by a Party, the Dispute will be resolved by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules or administered by the ICDR in accordance with its International Arbitration Rules if the dispute is determined to be international in scope.
Sample 1
Final Dispute Resolution. In the event of a dispute arising after final payment, or in the event an appeal has been preserved with respect to an IDM decision, a court having jurisdiction over Miami-Dade County shall hear such disputes. The parties hereby waive trial by jury, which requirement shall be included in each subcontract and sub-subcontract. Mediation prior to litigation is encouraged, but mediation is not a condition precedent to litigation. The prevailing party in any litigation shall recover reasonable attorney fees and taxable costs.
Sample 1
Final Dispute Resolution. In the event of a dispute arising after Final Progress Payment or Final Completion, or a dispute which arose prior to Substantial Completion, has been preserved and which was not successfully resolved at mediation, a court of competent jurisdiction in Miami-Dade County shall hear such disputes. The parties hereby waive a trial by jury, which requirement shall be included in each and every Subcontract, sub-consulting agreement and purchase order that Design/Builder executes, in connection with its Work on the Project.
Sample 1

Related to Final Dispute Resolution

  • 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 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.

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • 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.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • 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:

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

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

  • Dispute Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!