IX DISPUTE RESOLUTION. 6 A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the 7 dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a 8 reasonable period of time by the CONTRACTOR and the ADMINISTRATOR, such matter shall be 9 brought to the attention of the COUNTY Purchasing Agency by way of the following process:
10 1. CONTRACTOR shall submit to the COUNTY Purchasing Agency a written demand for a 11 final decision regarding the disposition of any dispute between the Parties arising under, related to, or 12 involving this Contract, unless COUNTY, on its own initiative, has already rendered such a final decision.
13 2. CONTRACTOR’s written demand shall be fully supported by factual information, and, if 14 such demand involves a cost adjustment to the Contract, CONTRACTOR shall include with the demand 15 a written statement signed by an authorized representative indicating that the demand is made in good 16 faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects 17 the Contract adjustment for which CONTRACTOR believes COUNTY is liable.
18 B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, 19 CONTRACTOR agrees to proceed diligently with the performance of services secured via this Contract, 20 including the delivery of goods and/or provision of services. CONTRACTOR's failure to proceed 21 diligently shall be considered a material breach of this Contract.
22 C. Any final decision of COUNTY shall be expressly identified as such, shall be in writing, and shall 23 be signed by a COUNTY Deputy Purchasing Agent or designee. If COUNTY fails to render a decision 24 within ninety (90) calendar days after receipt of CONTRACTOR's demand, it shall be deemed a final 25 decision adverse to CONTRACTOR's contentions.
26 D. This Contract has been negotiated and executed in the State of California and shall be governed 27 by and construed under the laws of the State of California. In the event of any legal action to enforce or 28 interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in 29 Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such 30 court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree 31 to waive any and all rights to request that an act...
IX DISPUTE RESOLUTION. Section 9.1. Use and Initiation of Procedure......................................... 28 Section 9.2.
IX DISPUTE RESOLUTION. 55 9.1. Disputes............................................................................................. 55 9.2. Escalation; Mediation................................................................................ 55 9.3. Court Actions........................................................................................ 56
IX DISPUTE RESOLUTION. 62 SECTION 9.01. Negotiation Between Executives................................................... 62 SECTION 9.02. Jurisdiction; Waiver of Jury Trial............................................... 63
IX DISPUTE RESOLUTION. 9.1 This AGREEMENT and any dispute between the Parties, including without limitation any dispute arising out of or related to this AGREEMENT (“Dispute”) shall be governed by the laws of the State of Washington, without giving effect to any conflicts of laws principles. If a Dispute arises and cannot be settled through negotiations, the Parties agree first to try in good faith to settle the Dispute by mediation using an agreed upon mediator. If the Parties are unable to agree on a mediator, the Parties shall petition the state court that would have jurisdiction over this matter if litigation were to ensue and request the appointment of a mediator, and such appointment shall be binding on the Parties. Each Party shall be responsible for its own mediation expenses, and shall share equally in the mediator’s fees and expenses. If a Dispute cannot be settled through mediation, each Party hereby irrevocably: (i) consents to the exclusive jurisdiction and venue of the appropriate state or federal court located in Spokane County, State of Washington in connection with any Dispute or the enforcement of any right or obligation under the AGREEMENT, and (ii) waives its right to a jury trial. Each Party further agrees that any suit arising out of or related to a Dispute or to this AGREEMENT must be filed in a court of proper jurisdiction within one (1) year after the cause of action arises.
IX DISPUTE RESOLUTION. 39 9.1 Notice............................................................... 39 9.2 Arbitrator........................................................... 39 9.3 Pre-Hearing Conference............................................... 39 9.4 Discovery............................................................ 39 9.5
IX DISPUTE RESOLUTION. Both parties hereto shall comply with the provisions hereof, and any dispute arising during the process of performance of this agreement shall be settled through consultation by both parties hereto on the principle of mutual understanding and mutual accommodation. If consultation fails, any party hereto may submit such dispute to Jinan Arbitration Committee for arbitration under the current effective arbitration rules.
IX DISPUTE RESOLUTION. 51 9.1 Negotiations Between Senior Party Representatives...............................................51 -iii- TABLE OF CONTENTS (CONTINUED)
IX DISPUTE RESOLUTION. 53 9.1. Disputes............................................................................................53 9.2. Escalation; Mediation...............................................................................54 9.3.
IX DISPUTE RESOLUTION. 33 9.1 Disputes...............................................................................................33 ARTICLE X GENERAL...............................................................................................34 10.1 Exclusive Agreement; Disclosure Statement..............................................................34 10.2 Successors and Assigns.................................................................................35 10.3 Amendments.............................................................................................35
