Means of Resolution. In the event that any controversy or dispute shall arise under this Lease (excluding “Non-ADR Matters” (defined below), a “Dispute”), including, without limitation, Disputes over which Tenant may be permitted to terminate this Lease pursuant to the provisions hereof, and in the event that the parties have been unable to resolve such Dispute within ten (10) days, the Dispute shall be resolved as provided in this Paragraph 55.1. All Disputes, the monetary value of which exceeds Fifty Thousand Dollars ($50,000), or which involve an equitable remedy, shall first require the utilization of Mediation as provided in Paragraph 55.2 below. All Disputes, the monetary value of which is Fifty Thousand Dollars ($50,000) or less shall be settled by Arbitration as discussed in Paragraph 55.3 below.
Means of Resolution. The dispute resolution procedures of the Prime Contract (which procedures are incorporated herein as if fully set forth) shall apply to disputes arising hereunder if such disputes involve or are alleged to involve acts or omissions of the Owner or its representatives or involve a dispute between Owner and XYZ, related in any manner to the Work, it being the intent of XYZ and Subcontractor that in these enumerated circumstances, Owner, XYZ and Subcontractor shall participate together in the same dispute resolution proceeding. Subcontractor agrees to join in any dispute resolution proceeding between XYZ and Owner, if requested by XYZ. If the dispute does not involve acts or omissions of the Owner or its representatives, does not involve a dispute between Owner and XYZ related, in any manner to the Work, or if there is no dispute resolution procedure in the Prime Contract, then all claims, disputes and matters in question arising out of or relating to this Agreement (a "Dispute"), except for claims which have been waived by Subcontractor by the acceptance of final payment or otherwise hereunder, shall be decided by the claims procedure set forth in Section 17.2.
Means of Resolution. The parties agree that any disputes arising under this Agreement or otherwise in connection with User’s use of the Services will be resolved through arbitration under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended from time to time. Arbitration will be held in Victoria, BC, Canada, and conducted in the English language. Notwithstanding the foregoing, User agrees that: (i) the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief, and for the purposes of enforcing the decision of any arbitrator appointed in accordance with this provision, and (ii) LlamaZOO may bypass arbitration in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.
