Governance and Dispute Resolution. 9.1 This Agreement shall be governed by the laws of China.
9.2 Any dispute arising between both parties in connection herewith shall be resolved by both parties through good faith consultation. If both parties fail to reach an agreement on resolution of such dispute within fifteen (15) days after either party proposes resolution thereof through consultation, either party may refer such dispute to China International Economic and Trade Arbitration Commission (hereinafter referred to as the “Arbitration Commission”) for arbitration by the Arbitration Commission in accordance with the arbitration rules currently in force. The arbitration shall be conducted in Chinese in Beijing, China. The arbitration award shall be final and binding upon both parties. The losing party to the arbitration shall bear all out of pocket expenses (including, without limitation to attorney’s fees, etc.) incurred by the winning party.
9.3 Throughout the duration of arbitration, the Parties shall continue to perform all obligations set forth herein except with respect to the matters submitted for arbitration.
Governance and Dispute Resolution. ● The Parties intend to establish a Project Steering Committee and an Executive Committee. ● The Project Steering Committee is intended to meet at regular intervals or as-needed to endeavour to resolve issues related to the Project on a consensual basis. ● Matters that cannot be resolved by the Project Steering Committee are intended to be escalated to the Executive Committee which will meet as needed to endeavor to resolve disputes. The Parties will consider establishing a dispute resolution protocol for the resolution of certain disputes, primarily pertaining to the standard to which infrastructure and assets owned by Hamilton that needs to be relocated for the Project should be built. ● The Project Steering Committee and the Executive Committee are not intended to circumvent or override the rights of Metrolinx as owner of the Project or the rights of Hamilton as owner of its infrastructure and assets or as municipal regulatory authority.
Governance and Dispute Resolution. 6.1 Each party shall keep in place at least one Named Representative who has full authority to act on its behalf for all purposes of this Agreement and shall keep the other party informed of the name and contact details of its Named Representative.
6.2 The Named Representatives shall meet at such other intervals as shall be reasonably requested by Capita to review the supply of the Deliverables and deal with any issues related to this Agreement.
6.3 In the event that any disputes or disagreements arise between the parties, either Named Representative may, on reasonable notice to the other, call a meeting of the Named Representatives in order to seek a resolution of the issue in question. If the parties have not agreed the dispute within 10 Business Days each party is free to refer the dispute to the courts, but prior to that point neither party can refer the dispute to the courts unless the reason for the referral is an application to protect the Confidential Information or IPR of the applicant.
Governance and Dispute Resolution. The accountability and responsibility for the One-Stop career center system's organizational activity and accomplishments will rest with CSB, its Board of Directors and the Brevard County Board of County Commissioners. Pursuant to the Act CSB shall conduct oversight with respect to the One-Stop service delivery system. Any dispute concerning this Agreement will be resolved in accordance with CareerSource Brevard’s Grievance/Complaint and Hearing/Appeal Process. If an issue arises involving this Agreement, both parties will make every effort to reach a resolution in a timely and efficient manner. Either Party may request a face-to-face meeting of the local partners to identify and discuss the issue. If resolved and no further action is deemed necessary by the partners, the issue and the resolution will be documented in writing. If not resolved, the issue and the efforts to resolve will be documented and forwarded to the President/CEO of CSB and the Director of the Partner organizations. A joint decision shall be issued within 60 calendar days of receipt. If dissatisfied with the decision, the dispute may be filed with the State of Florida Department of Economic Opportunity (DEC) and the Commissioner of the Department of Education (DOE) to review concerns and determine resolution. DEO and DOE may remand the issue back to the President/CEO of CareerSource Brevard and to the Director of the Partner organization or impose other remedies to resolve the issue.
Governance and Dispute Resolution. 7.1 Program Managers; Separation Oversight Committee.
Governance and Dispute Resolution. 12.1 If any dispute, constraint, difference or disagreement arises in relation to implementation of the terms of this Agreement, or its validity, interpretation, execution, performance or termination (“Dispute”), such Dispute will be resolved in the first instance through the process described under Clauses 12.2.
12.2 Either Party may refer the Dispute for resolution under this Agreement in the manner below:
12.2.1 The Party raising a Dispute will provide a written notice to the other Party elaborating the dispute in reasonable detail;
12.2.2 Upon receipt of the notice, the Parties will designate their nominees for resolution of the Dispute within five (5) Business Days;
12.2.3 The nominees will attempt to resolve the Dispute within 10 (Ten) Business Days of being designated.
12.3 If the Dispute is not resolved in accordance with Clause 13.2 within 15 (Fifteen) Business Days of the first written notice of the Dispute from either Party to the other, then the Dispute may be referred to arbitration by either Party.
12.4 Disputes referred to arbitration will be resolved by the sole arbitrator appointed mutually by the Parties. The seat and place of arbitration will be Mumbai. The language of arbitration will be English. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended. The rights and obligations of the Parties will remain in full force pending the arbitrator’s award.
Governance and Dispute Resolution. This Agreement shall be governed by, interpreted, construed and enforced in accordance with the laws of the State of Maryland, without reference to the principles of conflict of laws. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. If a dispute, controversy, claim or difference arises with respect to this Agreement, or any breach thereof, that cannot be settled through correspondence or mutual consultation of the parties hereto, either party may refer the matter to a sole arbitrator selected jointly by the parties or, in the absence of such selection, to arbitration by the American Arbitration Association ("AAA"). The arbitration shall be governed by the United States Arbitration Act and any court having jurisdiction may enter judgment on the award. The arbitration, including arguments and briefs, shall be in the English language and conducted in Baltimore, Maryland, United States of America unless the parties mutually agree to some other location. The arbitrator shall not limit, expand or modify the terms of this Agreement. Each party shall bear its own expenses and an equal share of the compensation of the arbitrator and the fees charged by AAA. The parties, their representatives, any other participants, and the arbitrator shall hold the existence, content and result of arbitration in confidence. This clause will not limit or restrict either party's right to seek from a court of competent jurisdiction equitable relief for interim protection pending arbitration. The rights, obligations and limitations established in this GOVERNANCE AND DISPUTE RESOLUTION section shall survive termination of this Agreement.
Governance and Dispute Resolution. 17.1. The Parties will establish and maintain a Project Steering Committee and an Executive Committee to oversee implementation of this Agreement and the Project and the commitments contained herein.
17.2. The Parties will meet to determine the composition of the Project Steering Committee and the Executive Committee, the number and frequency of meetings, and other matters that deal with the composition and the work of the Committees. All decisions of the Project Steering Committee and the Executive Committee must be unanimous.
17.3. In the event that a matter or dispute arises between the Parties that cannot be resolved at the project level such matter or dispute will immediately be escalated to the Project Steering Committee for resolution in accordance with the terms and protocols established. If the Project Steering Committee is unable to resolve the matter or dispute within the timelines set out in its protocol, the Steering Committee shall refer the matter or dispute to the Executive Committee for resolution in accordance with the terms set out in its protocol. If a resolution is achieved in respect of a matter or dispute by either the Project Steering Committee or the Executive Committee, as the case may be, the Parties will, and will instruct their staff, to take the necessary actions and steps to implement the resolution, including entering into any further agreements or seeking any additional approvals as may be required to give effect to such resolution.
17.4. If the Project Steering Committee and the Executive Committee are unable to resolve a matter or a dispute, the Parties will have all the rights available to them in this Agreement and at law with respect to such matter or dispute.
17.5. No action or failure to act by a Party shall constitute a waiver by such Party of a matter or dispute nor shall any such action or failure to act constitute an approval or acquiescence in respect of a matter or dispute except as agreed to in writing.
17.6. The Parties agree that timely resolution of any dispute is mutually beneficial and will accordingly act expeditiously and adhere to timelines and limits that may be agreed to in the protocol governing the Committees. In respect of disputes that may require expedited resolution, the Parties hereby agree to work collaboratively to agree upon provisions applicable to waiving certain steps in order to achieve such expedited resolution.
17.7. Metrolinx may proceed at its own risk and in its discretion with con...
Governance and Dispute Resolution. 7.1 Western Markets Executive Committee (“WMEC”): The WMEC will have the authorities described in the WMEC Charter.
Governance and Dispute Resolution. The Supplier will appoint a designated representative to act as Contract Manager during the term of this Agreement. The Contract Manager will have authority to make decisions regarding this Agreement on behalf of the Supplier, and will be responsible for:
