Litigation Arbitration. Any dispute arising out of or in connection with this Contract which is not settled by mutual agreement within sixty (60) days of notification in writing by either party may be submitted to litigation or arbitration. Should that occur, all court costs and attorney's fees incurred by the prevailing party shall be paid by the non-prevailing party to the prevailing party.
Litigation Arbitration. Prompt written notice of all actions, suits and proceedings before any Governmental Authority or other governmental commission, board, bureau, agency or instrumentality, domestic or foreign, or any arbitration body or authority, against or involving any Borrower, Guarantor or a Facility which involve claims equal to or in excess of $500,000.
Litigation Arbitration. 8.8.1 Unless otherwise specifically provided in this Agreement, all claims, counter-claims, disputes or other matters in question between the Owner and the Contractor arising out of, or relating to this Agreement, or the breach thereof, will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of South Dakota. Notice of a request for arbitration shall be sent in writing to the other party to this Agreement within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall a request for arbitration be made after the applicable statute of limitations for such claim under South Dakota Law has run. If the party receiving the notice of request does not agree to arbitration in writing within 10 calendar days, it will be deemed that the parties do not mutually agree to arbitrate the matter. A request to arbitrate shall not be deemed a condition precedent to the institution of legal proceedings. If the parties agree to arbitrate, the provisions of SDCL Chapter 21-25A shall apply.
8.8.2 The Contractor shall carry on the Work and maintain its progress during any dispute or arbitration or litigation proceedings, and the Owner shall continue to make payments to the Contractor to the extent required by the Contract Documents and South Dakota Law.
Litigation Arbitration. All disputes arising out of this Agreement may be settled by litigation brought in federal court in the Southern District of New York, which shall be the exclusive venue for any litigation under this Agreement. Each party hereby irrevocably submits to personal jurisdiction in any federal court in the Southern District of New York and waives any and all objections as to venue, inconvenient forum and the like. The decision of such court of competent jurisdiction that is either not subject to appeal or not appealed within ninety (90) days of any judgment shall be final and binding as to any matter submitted under this Agreement. Notwithstanding the foregoing, at the option of either party any controversy or claim arising out of or relating to this Agreement shall be determined by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association. The place of arbitration shall be New York, New York.
Litigation Arbitration. Any dispute arising out of or in connection with this Contract which is not settled by mutual agreement within sixty (60) days of notification in writing by either party may be submitted to litigation or arbitration. Should that occur, all court costs and attorney's fees incurred by the prevailing party shall be paid by the non-prevailing party to the prevailing party. Notwithstanding any dispute under this Contract SERVICE PROVIDER shall continue to perform its work pending resolution of the dispute, and CITY shall make payments as required by this Contract for undisputed portions of the work. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other party.
Litigation Arbitration. If the Dispute has not been resolved by negotiations by discussion or mediation as provided in Sections 9.1 and 9.2, then the parties may proceed by litigation, or, should they agree, by any other method of dispute resolution, including arbitration.
Litigation Arbitration. In the absence of a settlement agreement or if any of the Parties is dissatisfied with the Conciliation Board's proposed settlement solution, the dispute shall be finally resolved through arbitration at the request of the first party to act pursuant to the Rules of Arbitration of the International Chamber of Commerce by one or several arbitrators appointed in accordance with the said Rules. The arbitration forum shall be Paris (France) and the arbitration proceedings shall be conducted in French. Any amounts awarded under the arbitral award in connection with the Concession shall include interest as of the date of the event having given rise to the dispute, until the date of full payment. Interest shall be computed based on the Contractual Interest Rate.
Litigation Arbitration. In the event that either party institutes legal Proceedings/arbitration against the other for breach of or to enforce any of the terms, conditions or covenants of this Agreement, the panty against whom a judgement is entered shall pay all costs, charges and expenses relative thereto, including reasonable attorneys' fees of the prevailing party.
Litigation Arbitration. The Board, subject to sections 9.11(Enforcement of Common Area Improvement Bond) and 9.12 (Enforcement of Assessment Bond) of this Declaration, shall have the power to institute, defend, settle or intervene in litigation, arbitration, mediation or administrative proceedings on behalf of the Association pursuant to Civil Code § 1368.3. The Board of Directors has authority to enter into a contingent fee contract with an attorney in a matter involving alleged design or construction defects in the Project, only as to the facilities or improvements the Association is responsible for maintaining as provided herein, only if the matter is not resolved pursuant to the procedures set forth in section 9.14, and only after getting the vote at a duly noticed and properly held membership meeting, of a majority of the Members other than Declarant. If, and to the extent that, there is any inconsistency between this section 5.2.P and applicable provisions of the California Civil Code pertaining to the commencement of an action by the Association for construction defect litigation, the applicable provisions of the California statutes shall control.
Litigation Arbitration
