Common use of Formal Dispute Resolution Clause in Contracts

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 27 contracts

Samples: Interconnection Agreement, Wireless Interconnection and Reciprocal Compensation Agreement, Wireless Interconnection and Reciprocal Compensation Agreement

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Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety one hundred twenty (90120) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 8 contracts

Samples: Wireless Interconnection and Reciprocal Compensation Agreement, Wireless Interconnection and Reciprocal Compensation Agreement, Wireless Interconnection and Reciprocal Compensation Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties Parties, such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and arbitrator but shall otherwise pay their own expenses associated with the associated arbitratorarbitration.

Appears in 7 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) 60 days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 6 contracts

Samples: Reciprocal Interconnection, Transport and Termination Agreement, Reciprocal Interconnection, Transport and Termination Agreement, Reciprocal Interconnection, Transport and Termination Agreement

Formal Dispute Resolution. If the negotiations referenced in Section 20.2 above fail to produce an agreeable resolution within ninety thirty (9030) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that including, but not limited to, instituting an appropriate proceeding before the Commission, the FCC, or a court of competent jurisdiction. In addition, upon mutual agreement of the Parties Parties, such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any commercial arbitration before a mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety forty-five (9045) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitrationarbitration before the Commission. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and arbitrator but shall otherwise pay their own expenses associated with the associated arbitratorarbitration.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Formal Dispute Resolution. If informal dispute resolution negotiations fail to produce an agreeable resolution within ninety one hundred twenty (90120) days, then either Party may proceed with any remedy available to it pursuant to this Agreement, law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 2 contracts

Samples: Wireless Interconnection and Reciprocal Compensation Agreement, Wireless Interconnection and Reciprocal Compensation Agreement

Formal Dispute Resolution. If negotiations pursuant to Section 13.1 fail to produce an agreeable resolution within ninety sixty (9060) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties Parties, such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and arbitrator but shall otherwise pay their own expenses associated with the associated arbitratorarbitration.

Appears in 1 contract

Samples: Essential Facilities Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitratorarbiter.

Appears in 1 contract

Samples: Traffic Exchange Agreement

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Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 1 contract

Samples: Interconnection Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety one hundred twenty days (90120) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 1 contract

Samples: Interconnection and Reciprocal Compensation Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 1 contract

Samples: General Terms and Conditions

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety thirty (9030) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties Parties, such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and arbitrator but shall otherwise pay their own expenses associated with the associated arbitratorarbitration.

Appears in 1 contract

Samples: Interconnection Agreement

Formal Dispute Resolution. If negotiations fail to produce an agreeable resolution within ninety (90) days, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanisms; provided, that upon mutual agreement of the Parties such disputes may also be submitted to binding arbitration. In the case of an arbitration, each Party shall bear its own costs. The Parties shall equally split the fees of any mutually agreed upon arbitration procedure and the associated arbitrator.

Appears in 1 contract

Samples: Traffic Exchange Agreement (Wave2Wave Communications, Inc.)

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