Common use of Mediation of Disputes Not Covered by the Limited Warranty Agreement or Pursuant to the Contractor Repair Act Clause in Contracts

Mediation of Disputes Not Covered by the Limited Warranty Agreement or Pursuant to the Contractor Repair Act. In the event Seller determines in Seller’s sole discretion that the Dispute is not covered by the Limited Warranty Agreement or the Contractor Repair Act, Seller shall so notify Buyer, and Buyer and Seller shall attempt in good faith to settle such Dispute by non-binding mediation as provided below: (a) The mediation shall be conducted in Honolulu, Hawaii, and shall be administered by Dispute Prevention & Resolution, Inc. (the "Service"), in accordance with its Mediation Rules, Procedures and Protocols, except as may be inconsistent with this section. (b) The parties may agree on the selection of a single mediator instead of having a mediator appointed by the Service, and the parties may agree to use a recognized mediation service other than the Service. If the Service is not available, the parties may agree on the selection of a single mediator and if they are unable to agree on the selection of a single mediator, then any party may petition a court of competent jurisdiction in the State of Hawaii, for the appointment of a mediator or all parties may agree to waive mediation and have the Dispute decided by arbitration as provided below. (c) At Seller's option, the mediation shall include all or any Related Parties as parties. (d) Either party may notify the other party in writing of its request to commence mediation. (e) Prior to the commencement of mediation, Xxxxx agrees to provide Seller, the Related Parties and their consultants with reasonable access to those portions of the Property that are the subject of the Dispute. (f) The parties may agree on the date of commencement of the mediation; provided, however, that (1) if the parties are unable to agree on the date of commencement of the mediation and the mediation does not include Related Parties, then unless the parties otherwise agree, the mediation shall commence within thirty (30) calendar days after Seller’s written notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule, or (2) if the parties are unable to agree on the date of commencement of the mediation and the mediation does include Related Parties, then unless the parties otherwise agree, the mediation shall commence within sixty (60) calendar days after Seller’s notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule. (g) The costs for the mediator shall be shared equally by the parties, and each party shall be responsible to pay all other fees and costs, including attorneys' fees, that it incurs in connection with the mediation.

Mediation of Disputes Not Covered by the Limited Warranty Agreement or Pursuant to the Contractor Repair Act. In the event Seller determines in Seller’s sole discretion that the Dispute is not covered by the Limited Warranty Agreement or the Contractor Repair Act, Seller shall so notify Buyer, and Buyer and Seller shall attempt in good faith to settle such Dispute by non-binding mediation as provided below: (a) The mediation shall be conducted in Honolulu, Hawaii, and shall be administered by Dispute Prevention & Resolution, Inc. (the "Service"), in accordance with its Mediation Rules, Procedures and Protocols, except as may be inconsistent with this section. (b) The parties may agree on the selection of a single mediator instead of having a mediator appointed by the Service, and the parties may agree to use a recognized mediation service other than the Service. If the Service is not available, the parties may agree on the selection of a single mediator and if they are unable to agree on the selection of a single mediator, then any party may petition a court of competent jurisdiction in the State of Hawaii, for the appointment of a mediator or all parties may agree to waive mediation and have the Dispute decided by arbitration as provided below. (c) At Seller's option, the mediation shall include all or any Related Parties as parties. (d) Either party may notify the other party in writing of its request to commence mediation. (e) Prior to the commencement of mediation, Xxxxx agrees to provide Seller, the Related Parties and their consultants with reasonable access to those portions of the Property that are the subject of the Dispute. (f) The parties may agree on the date of commencement of the mediation; provided, however, that (1) if the parties are unable to agree on the date of commencement of the mediation and the mediation does not include Related Parties, then unless the parties otherwise agree, the mediation shall commence within thirty (30) calendar days after Seller’s written notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule, or (2) if the parties are unable to agree on the date of commencement of the mediation and the mediation does include Related Parties, then unless the parties otherwise agree, the mediation shall commence within sixty (60) calendar days after Seller’s notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule. (g) The costs for the mediator shall be shared equally by the parties, and each party shall be responsible to pay all other fees and costs, including attorneys' fees, that it incurs in connection with the mediation.

Mediation of Disputes Not Covered by the Limited Warranty Agreement or Pursuant to the Contractor Repair Act. In the event Seller determines in Seller’s sole discretion that the Dispute is not covered by the Limited Warranty Agreement or the Contractor Repair Act, Seller shall so notify Buyer, and Buyer and Seller shall attempt in good faith to settle such Dispute by non-binding mediation as provided below: (a) The mediation shall be conducted in Honolulu, Hawaii, and shall be administered by Dispute Prevention & Resolution, Inc. (the "Service"), in accordance with its Mediation Rules, Procedures and Protocols, except as may be inconsistent with this section. (b) The parties may agree on the selection of a single mediator instead of having a mediator appointed by the Service, and the parties may agree to use a recognized mediation service other than the Service. If the Service is not available, the parties may agree on the selection of a single mediator and if they are unable to agree on the selection of a single mediator, then any party may petition a court of competent jurisdiction in the State of Hawaii, for the appointment of a mediator or all parties may agree to waive mediation and have the Dispute decided by arbitration as provided below. (c) At Seller's option, the mediation shall include all or any Related Parties as parties. (d) Either party may notify the other party in writing of its request to commence mediation. (e) Prior to the commencement of mediation, Xxxxx agrees to provide Seller, the Related Parties and their consultants with reasonable access to those portions of the Property that are the subject of the Dispute. (f) The parties may agree on the date of commencement of the mediation; provided, however, that (1) if the parties are unable to agree on the date of commencement of the mediation and the mediation does not include Related Parties, then unless the parties otherwise agree, the mediation shall commence within thirty (30) calendar days after Seller’s written notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule, or (2) if the parties are unable to agree on the date of commencement of the mediation and the mediation does include Related Parties, then unless the parties otherwise agree, the mediation shall commence within sixty (60) calendar days after Seller’s notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule. (g) The costs for the mediator shall be shared equally by the parties, and each party shall be responsible to pay all other fees and costs, including attorneys' fees, that it incurs in connection with the mediation.sixty

Mediation of Disputes Not Covered by the Limited Warranty Agreement or Pursuant to the Contractor Repair Act. In the event Seller determines in Seller’s sole discretion that the Dispute is not covered by the Limited Warranty Agreement or the Contractor Repair Act, Seller shall so notify Buyer, and Buyer and Seller shall attempt in good faith to settle such Dispute by non-non- binding mediation as provided below: (a) The mediation shall be conducted in Honolulu, Hawaii, and shall be administered by Dispute Prevention & Resolution, Inc. (the "Service"), in accordance with its Mediation Rules, Procedures and Protocols, except as may be inconsistent with this section. (b) The parties may agree on the selection of a single mediator instead of having a mediator appointed by the Service, and the parties may agree to use a recognized mediation service other than the Service. If the Service is not available, the parties may agree on the selection of a single mediator and if they are unable to agree on the selection of a single mediator, then any party may petition a court of competent jurisdiction in the State of Hawaii, for the appointment of a mediator or all parties may agree to waive mediation and have the Dispute decided by arbitration as provided below. (c) At Seller's option, the mediation shall include all or any Related Parties as parties. (d) Either party may notify the other party in writing of its request to commence mediation. (e) Prior to the commencement of mediation, Xxxxx agrees to provide Seller, the Related Parties and their consultants with reasonable access to those portions of the Property that are the subject of the Dispute. (f) The parties may agree on the date of commencement of the mediation; provided, however, that (1) if the parties are unable to agree on the date of commencement of the mediation and the mediation does not include Related Parties, then unless the parties otherwise agree, the mediation shall commence within thirty (30) calendar days after Seller’s written notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule, or (2) if the parties are unable to agree on the date of commencement of the mediation and the mediation does include Related Parties, then unless the parties otherwise agree, the mediation shall commence within sixty (60) calendar days after Seller’s notice to Buyer that the Dispute is not covered by the Limited Warranty Agreement or as soon thereafter as permitted by the mediator's schedule. (g) The costs for the mediator shall be shared equally by the parties, and each party shall be responsible to pay all other fees and costs, including attorneys' fees, that it incurs in connection with the mediation.