Common use of Mediation and Legal Action Clause in Contracts

Mediation and Legal Action. In the event a dispute arises between or among the parties that cannot be settled by informal conference as set forth above, the parties may, on mutual agreement, submit the matter to mediation to be conducted in Erie County, New York. The process for selecting the mediator shall be determined by the mutual written consent of the parties. If the parties fail to agree to a process within ten (10) calendar days from a request, then the parties may proceed to arbitration in accordance with Section 14.4 or take any legal action in a court of law or equity (including but not limited to seeking injunctive relief) to assert or enforce a claim it has against the other party under the Participation Agreement. The consent of any party to such mediation may be withdrawn at any time, without cause.

Appears in 5 contracts

Samples: Health Information Exchange Participation Agreement, Health Information Exchange Participation Agreement, Health Information Exchange Participation Agreement

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Mediation and Legal Action. In the event a dispute arises between or among the parties that cannot be settled by informal conference as set forth above, the parties may, on mutual agreement, submit the matter to mediation to be conducted in Erie Monroe County, New York. The process for selecting the mediator shall be determined by the mutual written consent of the parties. If the parties fail to agree to a process within ten (10) calendar days from a request, then the parties may proceed to arbitration in accordance with Section 14.4 15.4 or take any legal action in a court of law or equity (including but not limited to seeking injunctive relief) to assert or enforce a claim it has against the other party under the Participation Agreement. The consent of any party to such mediation may be withdrawn at any time, without cause.

Appears in 1 contract

Samples: Health Information Exchange Data Sharing Agreement

Mediation and Legal Action. In the event a dispute arises between or among the parties that cannot be settled by informal conference as set forth above, the parties may, on mutual agreement, submit the matter to mediation to be conducted in Erie County, New York. The process for selecting the mediator shall be determined by the mutual written consent of the parties. If the parties fail to agree to a process within ten (10) calendar days from a request, and if either party believes in good faith that the procedures described in this Section 13 will have a material adverse impact on such party, then the parties may proceed to arbitration in accordance with Section 14.4 or take any legal action in a court of law or equity (including but not limited to seeking injunctive relief) to assert or enforce a claim it has against the other party under the Participation Data Use Agreement. The consent of any party to such mediation may be withdrawn at any time, without cause.

Appears in 1 contract

Samples: Data Use Agreement

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Mediation and Legal Action. In the event a dispute arises between or among the parties that cannot be settled by informal conference as set forth above, the parties may, on mutual agreement, submit the matter to mediation to be conducted in Erie County, New York. The process for selecting the mediator shall be determined by the mutual written consent of the parties. If the parties fail to agree to a process within ten (10) calendar days from a request, then the requesting party may proceed to invoke the arbitration process provided for herein.then the parties may proceed to arbitration in accordance with Section 14.4 or take any legal action in a court of law or equity (including but not limited to seeking injunctive relief) to assert or enforce a claim it has against the other party under the Participation Agreement. The consent of any party to such mediation may be withdrawn at any time, without cause.

Appears in 1 contract

Samples: Health Information Exchange Participation Agreement

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