Identification of Matters in Dispute Sample Clauses

Identification of Matters in Dispute. At least ten (10) days prior to the first scheduled mediation session, each party shall provide the mediator with a brief memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, the parties may mutually exchange such memoranda. At the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information.
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Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide the Mediator with a Confidential Summary setting forth its position with regard to the issues that need to be resolved. At or before the first session, the parties will be expected to produce all information reasonably required for the Mediator to understand the issues presented. The Mediator may require any party to supplement such information. Each party shall also sign the Agreement for Mediation form and Mediation Attendance form prior to the date the Mediation session occurs.
Sample 1
Identification of Matters in Dispute. I. The Parties shall comply with the process as required by the mediator with regard to providing the mediator with a memorandum setting forth its position with regard to the issues that need to be resolved. At the discretion of the mediator, or otherwise agreed by the Parties, the Parties may mutually exchange such memoranda. II. At the first session, the Parties will be expected to produce all information reasonably required for the Mediator to understand the issue(s) presented. The mediator may require each Party to supplement such information.
Sample 1
Identification of Matters in Dispute. Within ten days of initiation of DR proceedings under this Agreement, each party shall provide to the other party a brief memorandum setting forth the issues that need to be resolved along with the party’s interests in and positions on the issue as appropriate. Such memorandum will serve as the starting point for collaborative problem solving.
Sample 1
Identification of Matters in Dispute. Within ten days of initiation of DR proceedings under this Agreement, each party shall provide to the other party a brief memorandum setting forth the issues that need to be resolved along with the party’s interests in and positions on the issue as appropriate. Such memorandum will serve as the starting point for collaborative problem solving. Mediation: The parties may agree at any time to select a private third-party mediator to assist in the resolution of the issues in dispute. Moreover, any party may unilaterally propose the appointment of a private third-party mediator if the issues in dispute are not fully resolved within 30 calendar days after the initial conference on collaborative problem solving. Any such proposal shall be made in writing and transmitted to the other party. If such a proposal is made, the parties shall confer within five days after the date of that proposal regarding the selection of the mediator. Parties shall seek in good-faith to agree upon a mediator and to resolve the remaining
Sample 1

Related to Identification of Matters in Dispute

  • Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease [_] is [X] is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. -------------------------------------------------------------------------------- ATTENTION: NO REPRESENTATIVE OR RECOMMENDATIONS IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR B ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES, SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN ------- PROVISIONS OF THE LEASE MAY NEED TO REVISED TO COMPLY WITH THE STATE IN WHICH THE PREMISES IS LOCATED. -------------------------------------------------------------------------------- The parties hereto have executed this Lease at the place on the dates specified above to their respective signatures. Executed at Cupertino, California Executed at ______________________________ on ________________________________ on _______________________________________ by LESSOR: by LESSEE: ROSE VENTURES II, INC., EQUINIX, INC. ----------------------------------- ------------------------------------------ a California corporation a California corporation ----------------------------------- ------------------------------------------ By: /s/ Xxxxxxx X. Xxxxxxx By:_______________________________________ -------------------------------- Name Printed: Xxxxxxx X. Xxxxxxx Name Printed: Title: President Title: --------------------------- By:________________________________ By: /s/ [signature illegible --------------------------------------- Name Printed: _____________________ Name Printed: ____________________________ Title:_____________________________ Title:____________________________________ Address:___________________________ Address:__________________________________ Telephone: (000) 000-0000 Telephone: (___)__________________________ ------------------ Facsimile: (000) 000-0000 Facsimile: (___)__________________________ ------------------ Federal ID No. ____________________ Federal ID No.____________________________ NOTE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION, 000 Xx. Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, Xxxxxxxxxx 00000. (000) 000-0000. Fax No. (000) 000-0000 OPTION(S) TO EXTEND STANDARD LEASE ADDENDUM Dated June 20, 1999 By and Between (Lessor) Rose Ventures II, Inc. (Lessee) EQUINIX, Inc. Address of Premises: [*], San Jose, CA A. OPTION(S)

  • Claims Not Subject to Arbitration 13.6.3.1 If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism: 13.6.3.1.1 Actions seeking a temporary restraining order or an injunction related to the purposes of this Agreement. 13.6.3.1.2 All claims arising under federal or state statute(s), including antitrust claims.

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