Judicial Dispute Resolution Sample Clauses

Judicial Dispute Resolution a. If after completing the informal dispute resolution process in § 15 of this Agreement, either party believes that the other party remains in breach of the terms of this Agreement, that party may submit the dispute for resolution by the Court.
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Judicial Dispute Resolution. If the dispute is not resolved informally though Section 14.2, or, if applicable, through Section 14.3, Either Party may submit the dispute to a court of competent jurisdiction for resolution. Article 15 Amendment 15.1 This Agreement may be amended only through written agreement executed by authorized representatives of both Parties. Article 16
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Judicial Dispute Resolution. The Work Parties may, within 30 days of service by the Department of its final decision or the conclusion of the mediation process, whichever is later, seek judicial resolution of the dispute in this Court. The Department may respond by filing the administrative record of the dispute and any responsive argument within 30 days of service of the petition. The administrative record of the dispute shall include the written notice of the dispute, any responsive submittals, the Department’s written summary of its position, the Work Parties’ petition and the Department’s response to the petition. This Court shall make its decision based upon the administrative record of the dispute and additional evidence permitted by the Court, and shall not draw any inferences or establish any presumptions adverse to any Party as a result of the invocation of this section or the inability of the Parties to reach agreement with regard to the disputed issue.
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Judicial Dispute Resolution. If after completing the informal dispute resolution process in § 15 of this Agreement, either party believes that the other party remains in breach of the terms of this Agreement, that party may submit the dispute for resolution by the Court. In resolving the dispute, the Court will apply Title II of the Americans with Disabilities Act (42 U.S.C. § 12131), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794). The Parties agree that the United States District Court for the District of Colorado shall retain continuing jurisdiction over any attempt to enforce this Settlement Agreement by either of the Parties. The Parties may move the U.S. District Court to enforce the Agreement, subject to the terms of §§ 14-16 of this Agreement. The prevailing party in any court proceeding shall be entitled to its attorneys’ fees and costs pursuant to 42 U.S.C. § 12205 and the cases interpreting that provision including the fee-shifting standards in Christiansburg Garment Co. v. Equal Employment Opportunity Comm’n, 000 X.X. 000, 422 (1978).
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Judicial Dispute Resolution. The above non-binding, internal method of dispute resolution shall be mandatory and shall be deemed a condition precedent before any Municipality may institute a suit or claim in any Pennsylvania court of competent jurisdiction, the right to institute suit being expressly reserved by each party.
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Judicial Dispute Resolution. Cummins may seek judicial review of the dispute by filing a complaint with the court and serving it on CARB and the Office of the California Attorney General (legal counsel to CARB). The complaint must be filed within 30 calendar days of receipt of CARB’s Statement of Position pursuant to the preceding Paragraph. The complaint may not raise any issue that Cummins did not raise in informal dispute resolution pursuant to Paragraph 23(a)(i) unless the issue was first raised by CARB’s Statement of Position. The complaint shall assert Cummins’ position on the matter in dispute. CARB shall respond to Cummins’ complaint in accordance with California law.
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Related to Judicial Dispute Resolution

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • GENERAL DISPUTE RESOLUTION 16.1 The following provisions apply to dispute resolution under the Agreement, except that the terms of Section 55 shall also apply to the resolution of any billing disputes.

  • 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:

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • 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 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.

  • 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.

  • 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.

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