Judicial Resolution. If the parties hereto are not able to resolve the Dispute concerning this Agreement as set forth in Section 9.1 above within sixty (60) calendar days, upon the initial written request as provided in Section 9.1.1, then the parties shall have the option and right to resolve such Dispute by judicial or other equitable resolution.
Judicial Resolution. If the dispute is not or cannot be resolved by meeting and conferring and/or mediation, then any disputing Party may commence an action in the Superior Court of Monterey County.
Judicial Resolution. Final actions subject to section 9(e) of the Northwest Power Act are not subject to arbitration under this Agreement and shall remain within the exclusive jurisdiction of the United States Court of Appeals for the Ninth Circuit. Such final actions include, but are not limited to, the establishment and the implementation of rates and rate methodologies. Any dispute regarding any rights or obligations of «Customer Name» or BPA under any rate or rate methodology, or BPA policy, including the implementation of such policy, shall not be subject to arbitration under this Agreement. For purposes of this section 12, BPA policy means any written document adopted by BPA as a final action in a decision record or record of decision that establishes a policy of general application or makes a determination under an applicable statute or regulation. If BPA determines that a dispute is excluded from arbitration under this section 12, then «Customer Name» may apply to the federal court having jurisdiction for an order determining whether such dispute is subject to nonbinding arbitration under this section 12.
Judicial Resolution. If there is a failure to resolve a Dispute relating to a Material Breach through mediation as set forth above, any Party may initiate appropriate proceedings for a Material Breach of the Agreement and to seek any remedy allowed at law or in equity. In the event any Party recovers damages as a consequence of such Judicial Resolution (“Recovering Party”), such Recovering Party may, consistent with the more specific provisions of Section
Judicial Resolution. Final actions subject to section 9(e) of the Northwest Power Act are not subject to arbitration under this Agreement and shall remain within the exclusive jurisdiction of the United States Court of Appeals for the Ninth Circuit. Such final actions include, but are not limited to, the establishment and the implementation of rates and rate methodologies. Any dispute regarding any rights or obligations of Ashland or BPA under any rate or rate methodology, or BPA policy, including the implementation of such policy, shall not be subject to arbitration under this Agreement. For purposes of this section, BPA policy means any written document adopted by BPA as a final action in a decision record or record of decision that establishes a policy of general application or makes a determination under an applicable statute or regulation. If BPA determines that a dispute is excluded from arbitration under this section, then Ashland may apply to the federal court having jurisdiction for an order determining whether such dispute is subject to nonbinding arbitration under this section.
Judicial Resolution. If there is a failure to resolve a Dispute through mediation as set forth above, any Party may initiate appropriate proceedings to obtain a judicial resolution of the Dispute (“Judicial Resolution”). This provision is not and does not constitute a waiver by Landlord, UT System, or U.T. of any rights of sovereign immunity any may have under the Constitution and laws of the State of Texas, all of which are expressly reserved.
Judicial Resolution. (i) The Architect may, after obtaining a decision by the Owner as set forth in Article XVI, file a complaint against the Owner for compensatory damages due under the Contract Documents. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties, and venue shall be the First Judicial District, Laramie County, Wyoming.
(ii) The trial of any claim filed against the Owner pursuant to Articles XVI and XVII shall be limited to a bench trial, unless the court on its own motion orders otherwise.
(iii) Compensable damages payable by the Owner under this Contract shall not exceed two hundred fifty thousand dollars ($250,000), or ten percent (10%) of the Contract Sum, whichever is less.
(iv) If the Architect brings an action seeking relief not permitted herein, the Architect shall pay the Owner’s cost of defending the claim barred by this Contract, including attorney’s costs and fees.
(v) If a court proceeding is to be recorded, it shall be recorded by a court reporter, and the transcript prepared by the court reporter shall be part of the official record of the court resolution proceedings.
(vi) Regardless of the outcome of the proceeding, the parties to any court resolution proceeding under this Contract shall bear their own costs and attorney’s fees. Fees and costs not attributable to one party shall be shared equally by the parties to the court proceeding.
(vii) Nothing herein shall be construed as a waiver of the Owner’s sovereign immunity. With respect to the Owner’s conduct or performance under this Contact, the following claims, as against the Owner, shall not be subject to a cause of action brought by Architect or to the dispute resolution provisions of this Contract:
(a) Claims for consequential damages, including but not limited to loss of profit, loss of business or loss of use;
(b) Claims for damages or injury to person or property;
(c) Claims for exemplary or punitive damages;
(d) Claims for expectation damages;
(e) Claims or disputes related to the approval, refusal to approve, or substitution of subcontractor, regardless of tier, and suppliers;
(f) Claims or disputes related to the Owner's termination of the Contract because of the Architect’s or subsequent Contractor’s default or because of any act of God; or for lack of funding as provided in Article X, paragraph P; and,
(g) Claims or disputes concerning the Architect's decision in matters relating to artistic effect. These decisions will be final if consistent wit...
Judicial Resolution. Tenant has the option to pursue Judicial Resolution. Tenant shall give written notice to Landlord of its intent to pursue Judicial Resolution (“Tenant Notice of Suit”). Upon receipt of such a Tenant Notice of Suit, Landlord shall have the following options:
(i) Landlord may raise the defense of sovereign immunity;
(ii) To the extent authorized by and allowed under the Constitution and laws of the State of Texas, Landlord may waive the defense of sovereign immunity and proceed to participate in the Judicial Resolution; or
(iii) To the extent authorized by and allowed under the Constitution and laws of the State of Texas, Landlord may bring suit against Xxxxxx seeking a declaratory judgment on Xxxxxx’s assertion(s) regarding Xxxxxxxx’s Default or issues which are the basis of Xxxxxx’s assertion of Landlord’s Default. In such event, Landlord may proceed to participate in the Judicial Resolution.
Judicial Resolution. Except as set forth in section 11.1, all other controversies or claims relating to or arising under this Agreement shall be resolved by courts of competent jurisdiction. The appropriate forum and governing law for any such judicial action will be the same as contemplated for arbitral actions set forth in section 11.1 and each party hereby consents to such forum and governing law regardless of any conflict of laws, jurisdiction, venue or convenience considerations.
Judicial Resolution. No formal proceedings for the judicial resolution of such dispute, except for the seeking of temporary restraining orders or injunctions, may begin prior to forty-five (45) days after the delivery of any mediation notice delivered pursuant to Section 8(g).
