Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein. (i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation. (ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein. (iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties. (iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute. (v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation. (vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 48 contracts
Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) . The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) . The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) . The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) . All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) . The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) . All deadlines in this Section may be extended by mutual agreement.
Appears in 18 contracts
Samples: Renewable Energy Credit Agreement, Renewable Energy Credit Agreement, Renewable Energy Credit Agreement
Mediation. If the dispute is not resolved within 30 days after the referral (a) Any dispute, controversy or claim arising out of the dispute or related to senior executivesthis agreement, or if no meeting the interpretation, application, breach, termination or validity thereof, including any claim of senior executives has taken place within 15 days after such referralinducement by fraud or otherwise, either Party may request that the matter which claim would, but for this provision, be submitted to nonbinding mediationarbitration shall, before submission to arbitration, first be mediated through non binding mediation in accordance with The CPR Mediation Procedure then in effect of the International Institute for Conflict Prevention and Resolution (CPR) available at xxx.xxxxxx.xxx/x_xxxxxx.xxx, except where that procedure conflicts with these provisions, in which case these provisions control. If the other Party agrees, the The mediation will shall be conducted in accordance Wilmington, Delaware and shall be attended by a senior executive with authority to resolve the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) dispute from each of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained thereinoperating companies that are Parties.
(ib) The Party requesting mediator shall be neutral, independent, disinterested and shall be selected from a professional mediation firm such as JAMS or CPR.
(c) The Parties shall promptly confer in an effort to select a mediator by agreement. In the absence of such an agreement within (ten) 10 days of initiation of the mediation, may commence the mediation process mediator shall be selected by CPR as follows: CPR shall provide the Parties with AAA by notifying AAA and a list of at least fifteen (15) names from the other CPR Panels of Distinguished Neutrals. Each Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediationshall exercise challenges for cause, including therewith a copy of the Dispute Notice and the response thereto, if anytwo peremptory challenges, and a copy rank the remaining candidates within five (5) working days of receiving the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediatorCPR list. The Parties may select any mutually acceptable mediator. If together interview the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If top ranked candidates for no more than one name remainshour each and, either because after the interviews, may each exercise one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the peremptory challenge. The mediator from shall be the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed candidate with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed hereinhighest aggregate ranking.
(iiid) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide shall confer with the Parties to a resolution design procedures to conclude the mediation within no more than fifteen (15) days after initiation. Under no circumstances may the commencement of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of arbitration under Section 12.4 below be delayed more than fifteen (15) days by the mediation process pursuant to this Section. The costs specified herein absent contrary agreement of the mediation, including fees and expenses, will be borne equally by the Parties.
(ive) All verbal and written communications between Each Party agrees not to use the Parties and issued period or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in pendency of the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission mediation to disadvantage the other Party procedurally or otherwise) in . No statements made by either side during the mediation may be used by the other or referred to during any litigation or other proceedings for the resolution of the disputesubsequent proceedings.
(vf) The initial Each Party has the right to pursue provisional, injunctive, or equitable relief from any court, such as attachment, preliminary, temporary, or permanent injunction, replevin, etc., to avoid irreparable harm, maintain the status quo, or preserve the subject matter of the arbitration, even though mediation conference has not been commenced or completed. Any period of limitations that would otherwise expire between the Parties initiation of a mediation and the mediator, which may its conclusion shall be held by telephone, will be held within 25 extended until twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure conclusion of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 13 contracts
Samples: Master Services Agreement, Development and License Agreement (Pharmaceutical Product Development Inc), Development and License Agreement (Pharmaceutical Product Development Inc)
Mediation. If the dispute is not resolved within 30 days after the referral A proper and timely appeal of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter Claims Examiner’s decision shall be submitted to nonbinding mediationnon-binding mediation within fifteen (15) Days following all parties’ receipt of the notice of appeal and such appeal shall be reviewed by the mediator de novo. If The presiding mediator shall be an individual mutually acceptable to Owner and Contractor, unless the other Party agreesparties cannot agree, in which case each party shall select a temporary mediator and the temporary mediators shall jointly select a presiding mediator. Owner and Contractor shall pay their own costs and expenses and the cost of the mediator shall be split equally between the two parties. The schedule, time and place for mediation will be conducted mutually acceptable to Owner and Contractor, unless the parties cannot agree, in which case the mediation venue shall be at or in close proximity to the Site. Owner and Contractor acknowledge and agree that, subject to Claim Preservation as set forth below, participation in mediation shall be a prerequisite to litigation of any Contract Documents disputes. Owner and Contractor shall use best efforts in good faith to resolve through the mediation process all Major Claims within sixty (60) Days of the commencement of such mediation (the “Mediation Period”). However, if the presiding mediator fails to issue its decision on one or more of the issues presented within ninety (90) Days of the commencement of such mediation, the parties shall have the option to file a lawsuit in accordance with Section 12.2.4 below and adjudicate those undecided issues, notwithstanding the Commercial Arbitration Rules and requirement to mediate as a condition precedent to filing suit. Additionally, if a lawsuit must be filed within the Mediation Procedures Period in order to preserve a cause of action (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the a “AAAClaim Preservation”), as amended Owner and effective on July 1Contractor agree that they will nevertheless proceed diligently to mediate the Claim to its conclusion prior to actively prosecuting the lawsuit. As such, 2003 (Owner and Contractor shall seek from the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting Court presiding over the mediation, may commence the mediation process with AAA by notifying AAA Claim Preservation lawsuit such stays and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediationextensions, including therewith a copy the filing of the Dispute Notice and the response theretoan answer, as may be necessary to mediate effectively. Further, if anyduring the Mediation Period Owner and Contractor settle any issues, and the plaintiff in the Preservation Claim lawsuit shall promptly cause the Court to enter a copy stipulated general judgment of dismissal with prejudice, or other appropriate order, limiting the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediatorremaining scope of litigation. The Parties may select any mutually acceptable mediator. If the Parties cannot parties agree on a mediator within five days after the date of the Mediation Notice, then the AAAto comply with Owner’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediatorStandard Requirements, which may be held by telephoneinclude but are not limited to confidentiality of mediation, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier and shall promptly sign all documents necessary to occur of (A) the failure of the initial mediation conference give effect to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediationrequirements.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 7 contracts
Samples: Construction Manager at Risk and General Contractor Agreement, Construction Manager and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 the date a Party requests mediation (the “AAA Rules”"Mediation Procedures), notwithstanding any dollar amounts or dollar limitations contained therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“"Mediation Notice”") of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24.1 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 20 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 20 days after the date of the Mediation Notice, (Bii) the passage of 45 30 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.or
Appears in 7 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Mediation. If the dispute is not resolved within 30 thirty (30) days after from the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA RulesMediation Procedures”), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(i) 15.2.1 The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) 15.2.2 The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
15.2.3 The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable member from the panel of retired judges at AAA as a mediator. If the Parties parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Arbitration Administrator will shall send a list and resumes of three (3) available mediators to the Partiesparties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties parties have failed to respond to the AAA’s Arbitration Administrator within five (5) days after of receiving the list or because one or both Parties parties have failed to strike a name from the list or because both Parties parties strike the same name, the AAA’s Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 15.2.3, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iii) 15.2.4 The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Disputedispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. Section 15.2.7.
15.2.5 The costs of the mediation, including mediator’s fees and expenses, will shall be borne equally by the Parties. Each Party shall bear its own expenses incurred in connection with such mediation; provided, however, that if any dispute hereunder is not fully resolved as a result of such mediation, the prevailing party shall be awarded its reasonable attorney fees in any subsequent dispute resolution proceedings.
(iv) 15.2.6 All verbal and written communications between the Parties parties and issued or prepared in connection with this Section will 15.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation arbitration or other proceedings for the resolution of the dispute.
(v) 15.2.7 The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (B) the passage of 45 thirty (30) days after from the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation. The mediation shall follow and be governed by the laws of the State of Oregon.
(vi) 15.2.8 All deadlines specified in this Section 15.2 may be extended by mutual agreement.
Appears in 6 contracts
Samples: Tolling Agreement, Tolling Agreement, Tolling Agreement
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(iib) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iiic) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(ivd) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(ve) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.,
Appears in 6 contracts
Samples: Memorandum of Understanding, Master Renewable Energy Certificate Purchase and Sale Agreement, Master Renewable Energy Certificate Purchase and Sale Agreement
Mediation. If 18.6.1 Following the dispute formal written notice discussed in Section 18.5.1 above, the Claimant shall have thirty (30) days to submit the Claim to mediation with an entity designated by the Association (if the Association is not resolved within 30 a party to the Claim) or to an independent agency providing dispute resolution services in the County in which the Community is located, unless otherwise agreed by the Parties. A mediator shall be selected no later than forty-five (45) days after the referral Claimant has given notice to the Respondent of its submittal to mediation and, if the dispute Association is a Party and the Parties are unable to senior executivesagree on a mediator, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter one shall be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of chosen by the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Association. Each Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The shall bear its own costs of the mediation, including fees attorneys’fees, and expenseseach Party shall share equally all charges rendered by the mediator.
18.6.2 If the Claimant does not submit the Claim to mediation within such time, will or does not appear for the mediation when scheduled, the Claimant shall be borne equally deemed to have waived the Claim, and the Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any person other than the Claimant.
18.6.3 If the parties do not settle the Claim within thirty (30) days after submission of the matter to mediation, or within such time as determined reasonable by the mediator, the mediator shall issue a notice of termination of the mediation proceedings indicating that the parties are at an impasse and the date that mediation was terminated. The Claimant shall thereafter be entitled to submit the Claim to binding arbitration as provided below.
18.6.4 Any settlement of the Claim through mediation or through negotiation shall be documented in writing and signed by the Parties.
(iv) All verbal and written communications between . If any Party thereafter fails to abide by the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtheranceterms of such agreement, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in then any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon file suit or after the earlier initiate administrative proceedings to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice enforce such agreement without the dispute having been resolved, or (C) such time as need to again comply with the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines Procedures set forth in this Section may Article. In such event, the Party taking action to enforce the agreement or award shall, upon prevailing, be extended by mutual agreemententitled to recover from the non-complying Party (or if more than one non Party, from all such Parties in equal proportions) all costs incurred in enforcing suchagreement or award, including, without limitation, attorney’s fees and court costs.
Appears in 5 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Mediation. If the dispute is not resolved within 30 thirty (30) days after from the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA RulesMediation Procedures”), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(i) 15.2.1 The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) 15.2.2 The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
15.2.3 The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable member from the panel of retired judges at AAA as a mediator. If the Parties parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Arbitration Administrator will shall send a list and resumes of three (3) available mediators to the Partiesparties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties parties have failed to respond to the AAA’s Arbitration Administrator within five (5) days after of receiving the list or because one or both Parties parties have failed to strike a name from the list or because both Parties parties strike the same name, the AAA’s Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 15.2.3, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iii) 15.2.4 The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Disputedispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. Section 15.2.7.
15.2.5 The costs of the mediation, including mediator’s fees and expenses, will shall be borne equally by the Parties. Each Party shall bear its own expenses incurred in connection with such mediation; provided, however, that if any dispute hereunder is not fully resolved as a result of such mediation, the prevailing party shall be awarded its reasonable attorney fees in any subsequent dispute resolution proceedings.
(iv) 15.2.6 All verbal and written communications between the Parties parties and issued or prepared in connection with this Section will 15.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation arbitration or other proceedings for the resolution of the dispute.
(v) 15.2.7 The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (B) the passage of 45 thirty (30) days after from the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.or
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Mediation. If the dispute is not resolved within 30 thirty (30) days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding non-binding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1the date a Party requests mediation, 2003 and except as modified in this Section 24 (the “AAA RulesMediation Procedures”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) . The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(ii) . The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah. The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three (3) available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five (5) days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iii) . The mediation will shall consist of one or more informal, nonbinding non-binding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(iv) . All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) . The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (Bii) the passage of 45 thirty (30) days after the date of the Mediation Notice without the dispute having been resolved, or (Ciii) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) . All deadlines specified in this Section 24.2.1 may be extended by mutual agreement.
Appears in 4 contracts
Samples: Pro Forma Solar Agreement, Power Purchase Agreement, Pro Forma Draft
Mediation. If any TNCI Party believes that a matter has occurred that entitles it to indemnification under Paragraph 11.3, "Indemnification by IFT," or any IFT Party believes that a matter has occurred that entitles it to indemnification under Paragraph 11.2, "Indemnification by TNCI," the dispute TNCI Party or IFT Party as the case may be (the "Indemnified Party"), shall give written notice to the party or parties against whom indemnification is not resolved sought (each of whom is referred to herein as an "Indemnifying Party") describing such matter in reasonable detail (the "Dispute Notice"). The Indemnified Party shall be entitled to give such notice prior to the establishment of the amount of its losses, liabilities, costs or damages, and to supplement its claim from time to time thereafter by further notices as they are established. Each Indemnifying Party shall send a written response to such claim for indemnification within 30 thirty (30) days after the referral receipt of the dispute claim stating its acceptance or objection to senior executivesthe indemnification claim, or if no meeting of senior executives has taken place within 15 days after and explaining its position in respect thereto in reasonable detail. If such referralIndemnifying Party does not timely so respond, either Party may request that it will be deemed to have accepted the matter be submitted to nonbinding mediationIndemnified Party's indemnification claim as specified in the notice given by the Indemnified Party. If the other Indemnifying Party agreesgives a timely objection notice, then the parties shall resolve the dispute by binding mediation will be conducted in accordance with Phoenix, Arizona under the Commercial Arbitration Mediation Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (AAA) in effect on the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy date of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediatorNotice. If the Parties parties cannot agree on the selection of a mediator within five twenty (20) days after the date delivery of the Mediation Dispute Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed selected by the AAA. The prevailing party in accordance with the selection procedure described aboveany such mediation shall be entitled to recover from, and have paid by, the other party hereto all fees and disbursements of such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Partiesits reasonable attorneys.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Network Connection Inc), Asset Purchase Agreement (Interactive Flight Technologies Inc), Asset Purchase Agreement (Network Connection Inc)
Mediation. If If, on completion of this period of 5 (five) calendar days, the OP3FT notes that the Operator has still not complied with all of its contractual obligations, or has not submitted the required proof, then the following provisions shall apply: • if the OP3FT considers that the failure does not affect an essential or critical aspect of the func- tioning of the Frogans Core Registry with regards to Internet users: • if the OP3FT considers that the failure affects an essential or critical aspect of the functioning of the Frogans Core Registry with regards to Internet users: – the Parties agree to submit the dispute is not resolved within 30 days after arising from the referral contractual failure to a mediator of the Centre de Médiation et d’Arbitrage de Paris (Center for Mediation and Arbitration of Paris), hereafter the Center for Mediation, in order to reach an optimal negotiated solution, respecting the procedure described below, and of a duration not exceeding 6 (six) weeks: ■ the dispute shall be referred to senior executivesthe Center for Mediation by simple request from the most diligent party, or if no meeting of senior executives has taken place within 15 days after such referral■ the Center for Mediation shall submit, either Party may request that for the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) approval of the American Arbitration Association (Parties, one or several mediators given on its list, depending on the “AAA”), as amended scale and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy complexity of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediatordispute. If the Parties cando not agree on a mediator within five days after the date of the Mediation Noticewith this proposal, then it is agreed in advance that the AAA’s Administrator will send a list Center for Mediation itself shall choose the mediator(s), with the Parties waiving all option of recourse against this designation, ■ the Parties agree to abide by the mediation procedure which shall be decided by the designated mediator(s), ■ the Parties undertake to participate in the various meetings organized by the mediator(s) and resumes to diligently reply to all attendance notices and all requests emanating from the mediator(s), ■ in general, the Parties undertake to participate in good faith in the mediation procedure. They undertake to respect the confidentiality associated with the execution of three available mediators to this procedure, as well as all related statements, actions, documents, etc., ■ the Partiesagreement signed between the Parties on completion of mediation can be submitted, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because on request thereto from one or both Parties have failed Parties, to respond judicial approval in order to give the agreement the authority of res judicata, ■ the remuneration of the mediator(s), as well as any costs incurred in relation to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will mission shall be borne equally by the Parties, unless they reach a preferable agreement between themselves.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 4 contracts
Samples: Frogans Core Registry Delegation Agreement, Frogans Core Registry Delegation Agreement, Frogans Core Registry Delegation Agreement
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators Subject to the Parties, each of whom will strike one name, and ’ mutual agreement to mediate the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed Dispute pursuant to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameSection 29.1 (Informal Dispute Resolution), the AAA’s Administrator will choose Parties agree to retain the services of a mutually acceptable Third Party mediator from to mediate the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The Unless the Parties otherwise agree in writing, the mediator will be resident in the city in which the University is situated, and all meetings regarding the mediation process will continue until be held either by video or telephone conference or by in-person meetings held in such city. No Party will unreasonably withhold acceptance of a mediator, and the resolution selection of a mediator will be made within 15 business days following the delivery of the disputeNotice to Mediate pursuant to Section 29.1 (Informal Dispute Resolution) above. If a mediator is not appointed, or if, following the termination appointment of a mediator, the Dispute is not resolved within thirty (30) days, or such extended period that the Parties may agree to in writing, after the delivery of the mediation process Notice to Mediate, then (i) if the matter involves the determination of the applicable percentages under Section A3.8, the matter shall be resolved by binding arbitration under Section 29.3, and (ii) if the matter does not involve the determination of the applicable percentages under Section A3.8, neither Party will be required to pursue arbitration under Section 29.3 and either Party may pursue any options available to them under this Agreement and/or commence litigation pursuant to this SectionSection 29.4 (Litigation) below. The To the fullest extent permitted by law, the Parties agree to maintain the mediation proceedings in confidence; and share the costs of the mediationmediator and the mediation facilities equally. To the fullest extent permitted by law, the Parties agree to maintain the mediation proceedings in confidence; and share the costs of the mediator and the mediation facilities equally, although each Party will bear the costs of its presentation including without limitation its attorneys’ fees and expensesfees associated with the production of any information for such presentation. All communications during the mediation referred to in this Section 29.2 including any documents or information prepared and exchanged solely for the purposes of that mediation, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will considered to be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, “without prejudice” and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the disputesubsequent litigation.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 3 contracts
Samples: Patent License Agreement (Genocea Biosciences, Inc.), Patent License Agreement (Genocea Biosciences, Inc.), Patent License Agreement (Genocea Biosciences, Inc.)
Mediation. If The procedure for mediation shall be as follows: a neutral adviser or mediator (the dispute is not resolved within 30 days after “Mediator”) shall be chosen by agreement between the referral Customer and the Supplier or, if they are unable to agree upon the identity of the dispute Mediator within ten (10) Working Days after a request by one Party to senior executivesthe other (provided that there remains agreement for mediation), or if no meeting of senior executives has taken place within 15 days after such referralthe Mediator agreed upon is unable or unwilling to act, either Party shall within ten (10) Working Days from the date of the proposal to appoint a Mediator or within ten (10) Working Days of notice to either Party that he is unable or unwilling to act, apply to the Centre for Effective Dispute Resolution (“CEDR”) to appoint a Mediator; the Customer and the Supplier shall within ten (10) Working Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. The Parties may request at any stage seek assistance from the CEDR to provide guidance on a suitable procedure; all negotiations connected with the Dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings; in the event that the matter be submitted to nonbinding mediation. If Customer and the other Party agreesSupplier reach agreement on the resolution of the Dispute, the agreement shall be reduced to writing and shall be binding on both Parties once it is signed by the Customer’s Manager and the Supplier’s Director; failing agreement, either the Customer or Supplier may invite the Mediator to provide a non-binding but informative opinion in writing. Such an opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings relating to this Agreement without the prior written consent of both Parties; the Customer and the Supplier shall each bear their own costs in relation to any reference made to the Mediator and the fees and all other costs of the Mediator shall be borne jointly in equal proportions by both Parties unless otherwise directed by the Mediator; work and activity to be carried out under this Agreement shall not cease or be delayed during the mediation will process; and in the event that the Customer and the Supplier fail to reach agreement in the structured negotiations referred to in Clause 22.9.2 within forty (40) Working Days of the Mediator being appointed, or such longer period as may be conducted agreed, then any Dispute between them may, subject to the agreement of both Parties, be referred to arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) provisions of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained thereinClause 22.10.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 3 contracts
Samples: Framework Agreement for the Supply of Electricity and Ancillary Services, Natural Gas Supply Agreement, Framework Agreement for Natural Gas Supply
Mediation. 17.13.2.1 If the dispute is has not been resolved within 30 days after by Negotiation in accordance with Section 17.13.1, then the referral Parties shall proceed to mediation unless the Parties at the time of the dispute agree to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association a different timeframe (the “AAAMediation”). A “Notice of Mediation” shall be served, as amended signifying that the Negotiation was not successful and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may to commence the mediation process with AAA by notifying AAA process. The Parties shall agree on a mediator; however, if they cannot agree within fourteen (14) days, then each Party shall appoint a mediator, and together those two mediators will appoint a third mediator, who shall serve as the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy sole mediator of the Dispute Notice and dispute. The mediation session shall be held within forty-five (45) days of the response thereto, if anyretention of the mediator, and a copy of last for at least one full mediation day, before any Party has the other Party’s written agreement option to such mediation.
(ii) The mediation will be conducted at withdraw from the place designated on the Cover Sheet by a single mediatorprocess. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediationbeyond one day, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolveduntil there is a settlement agreement, or (C) such time as one Party or the mediator makes a finding states that there is no possibility reason to continue because of resolution through mediationan impasse that cannot be overcome and sends a “Notice of Impasse.” All reasonable efforts will be made to complete the Mediation within thirty (30) days of the first mediation session.
17.13.2.2 During the course of the Mediation, no Party can assert the failure to fully comply with Section 17.13.1, as a reason not to proceed or to delay the Mediation. The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the dispute until thirty (vi30) days after the Parties agree that the mediation is concluded or the mediator or a Party issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the Parties agree otherwise.
17.13.2.3 All deadlines communications, both written and oral, during the Negotiation and Mediation are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in this Section may the ordinary course of business prior to the dispute, that would otherwise be extended by mutual agreementdiscoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process.
17.13.2.4 The Mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Appears in 3 contracts
Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement
Mediation. (i) If the Dispute has not been resolved by negotiation as hereinabove provided, the parties shall make a good faith attempt to settle the Dispute by mediation pursuant to the provisions of this Section 7.7(b) before resorting to arbitration, litigation or any other dispute is not resolved within 30 days after resolution procedure.
(ii) Unless the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesparties agree otherwise, the mediation will shall be conducted in accordance with the Commercial Arbitration Mediation Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “"AAA”") then in effect by a mediator who (x) has the qualifications and experience set forth in paragraph (iii) of this Section 7.7(b) and (y) is selected as provided in paragraph (iv) of this Section 7.7(b), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(iii) Unless the parties agree otherwise, the mediator shall be a neutral and impartial lawyer with excellent academic and professional credentials (i) The Party requesting who is or has been practicing law for at least 15 years, specializing in either general commercial litigation or general corporate and commercial matters, and (ii) who has had both training and experience as a mediator.
(iv) Either party (the mediation, "Initiating Party") may commence the initiate mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and by giving the response thereto, if any, and other party (the "Recipient Party") written notice (a copy "Mediation Notice") setting forth a list of the other Party’s written agreement names and resumes of qualifications and experience of three impartial persons who the Initiating Party believes would be qualified as a mediator pursuant to the provisions of paragraph (iii) hereof. Within 15 days after the delivery of the Mediation Notice, the Recipient Party shall give a counter-notice (the "Counter-Notice") to the Initiating Party in which the Recipient Party may designate a person to serve as the mediator from among the three persons listed by the Initiating Party in the Mediation Notice (in which event such mediation.
designated person shall be the mediator). If none of the persons listed in the Mediation Notice is designated by the Recipient Party to serve as the mediator, the Counter-Notice should set forth a list of the names and resumes of three impartial persons who the Recipient Party believes would be qualified as a mediator pursuant to the provisions of paragraph (iiiii) The mediation will hereof. Within 10 days after the delivery of the Counter-Notice, the Initiating Party may designate a person to serve as the mediator from among the three persons listed by the Recipient Party in the Counter-Notice (in which event such designated person shall be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator). If the Parties parties cannot agree on a mediator within five days after from the date of three impartial nominees submitted by each party, each party shall strike two names from the Mediation Noticeother party's list, and the mediator shall be selected by lot between the two remaining persons on both lists and the two remaining persons on both lists will jointly select as the mediator any person who has the qualifications and experience set forth in paragraph (iii) hereof. If they are unable to agree, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution President of the Dispute. The mediation process will continue until the resolution of the disputeWilmington, or the termination of the mediation process pursuant to this Section. The costs of the mediationDelaware, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time Bar Association shall select as the mediator makes a finding that there any person who, in his or her opinion, has such qualifications and experience, who is no possibility located in either Philadelphia, Pennsylvania or Wilmington, Delaware or any of resolution through mediationtheir respective suburban areas.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Canisco Resources Inc), Securities Purchase Agreement (SCC Investment I Lp), Securities Purchase Agreement (Mansfield Teddy L)
Mediation. If the dispute is Dispute has not been resolved by negotiation as provided under subparagraph (b) above within 30 sixty (60) days after the referral delivery of the dispute initial Notice of Dispute, the party providing the Notice of Dispute may initiate mediation for the Dispute by written notice to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputesparty(s) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that ), in which case the dispute be resolved through mediation, including therewith a copy of parties shall thereafter attempt in good faith to settle the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such by mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may parties will attempt to select any mutually acceptable mediator. If the Parties cannot agree on a mediator by mutual agreement within five fifteen (15) days after the date delivery of the Mediation Notice. If the parties are unable to agree upon a mediator within this fifteen (15) day period, then the AAA’s Administrator will send a list and resumes of three available mediators each party shall than identify one mediator by written notice to the Parties, each other party(s) delivered within five (5) days after the expiration of whom will strike one namesuch fifteen (15) day period, and the remaining person will identified mediators shall, within ten (10) days after the end of such five (5) day period, jointly select a mediator who shall be appointed as mediator for the mediator. If more than one name remainsDispute, either because one subject to confirming that such mediator does not have a potential or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose actual conflict of interest that prevents the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable serving and subject to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide confirming that he/she can serve within the Parties to a resolution time allowed for mediation under this subparagraph. Unless otherwise agreed by the parties, the mediation conference shall be held within sixty (60) days after delivery of the DisputeMediation Notice. The mediation process will continue until mediator shall be required to abide by the resolution Model Standards of the disputeConduct for Mediators then in effect. The parties shall ensure that appropriate representatives of each party, or the termination of having authority to consummate a settlement, attend the mediation process pursuant to this Sectionconference. The costs All expenses of the mediation, including fees required traveling and expensesother expenses or charges of the mediator, will shall be borne equally by the Parties.
(ivparties unless they agree otherwise; provided, however, in the event the parties are unable to agree mutually upon a mediator and the parties use the process identified above to select a mediator, each party will be responsible for paying any amounts payable to the mediator such party identified as part of that process. The expenses of participant(s) for each side shall be paid by the party requesting the attendance of each such participant. All verbal and written communications between the Parties and issued or prepared negotiations that occur in connection with any mediation held pursuant to this Section will subparagraph (c) are confidential and shall be deemed prepared treated as compromise and communicated in furtherance, and in the context, settlement negotiations for purposes of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution applicable rules of the disputeevidence.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Direct Digital Holdings, Inc.), Limited Liability Company Agreement (Direct Digital Holdings, Inc.)
Mediation. If Should a Negotiation Effort fail to produce a resolution within the dispute is not resolved within 30 days after Negotiation Period and any extension thereof, then either the referral Warrantholder or the Company, if wishing to further pursue resolution of the dispute Dispute, must initiate mediation by providing to senior executivesJudicial Arbitration Mediation Services ("JAMS"), or if no meeting of senior executives has taken place within 15 days after such referralits successor, either Party may request that the matter be submitted in Seattle, Washington and to nonbinding mediation. If the other Party agreesparty a written request for mediation pursuant to this Section, setting forth the subject of the Dispute and the relief requested within fifteen (15) days of the end of the Negotiation Period and any extension thereof. A mediation (the "Mediation") shall be conducted pursuant to the mediation will be conducted procedures contained in accordance with the then published Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “"AAA”"), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If Designated Representatives shall cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, but if the Parties parties cannot agree on a mediator within five seven (7) days after from the date of the Mediation Notice, request for mediation then the AAA’s Administrator parties shall each select a designee from among the JAMS panel of neutrals, and those designees shall in turn select, from among the JAMS panel of neutrals, the single mediator who shall conduct the mediation (the "Mediator"). The Mediator shall have experience with corporate law. The Mediation will send a list be conducted within forty-five (45) days of the expiration of the Negotiation Period and resumes of three available mediators any extension thereof unless otherwise agreed by the parties (the "Mediation Period"). The Mediator may conduct meetings or hearings in Seattle, Washington, or by telephone or teleconference, and request information from the parties as he or she deems necessary, and shall, if the matter remains unresolved through such mediation, issue written recommendations to the Partiesparties within fifteen (15) days of the end of the Mediation Period. The parties shall then confer and determine, each within seven (7) days of whom will strike one namethe issuance of the mediator's written recommendations, whether the mediator's recommendations are agreeable to the Company and the Warrantholder. Each party shall bear its own costs of the Mediation, and the remaining person will mediator's fee shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings divided evenly between the Parties Warrantholder and the mediatorCompany. The parties agree that Federal and State Evidence Rule 408 shall apply to all statements, jointly information and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution documents exchanged or discussed as part of the Dispute. The negotiation or mediation process will continue until processes herein in any arbitration or litigation proceeding involving the resolution of the disputeparties, provided that evidence that is otherwise admissible or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and discoverable will not be admissible rendered inadmissible or non-discoverable as a result of its use in evidence (whether as admission the Negotiation Effort or otherwise) in any litigation or other proceedings for the resolution of the disputeMediation.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 2 contracts
Samples: Warrant Agreement (Northwest Biotherapeutics Inc), Warrant Agreement (Northwest Biotherapeutics Inc)
Mediation. If (a) Any Dispute that would, but for this provision, be submitted to arbitration shall, before submission to arbitration, first be mediated through non-binding mediation in accordance with The CPR Mediation Procedure then in effect of CPR available at xxx.xxxxxx.xxx, except where that procedure conflicts with these provisions, in which case these provisions control. The mediation shall be conducted in New York, New York and shall be attended by a senior executive with authority to resolve the dispute is Dispute from each of the operating companies that are parties.
(b) The mediator shall be neutral, independent, disinterested and shall be selected from a professional mediation firm such as JAMS or CPR.
(c) The parties hereto shall promptly confer in an effort to select a mediator by agreement. In the absence of such an agreement within 10 days of initiation of the mediation, the mediator shall be selected by CPR as follows: CPR shall provide the parties hereto with a list of at least 15 names from the CPR Panels of Distinguished Neutrals. Each party shall exercise challenges for cause, two peremptory challenges, and rank the remaining candidates within 5 working days of receiving the CPR list. The parties hereto may together interview the three top ranked candidates for no more than one hour each and, after the interviews, may each exercise one peremptory challenge. The mediator shall be the remaining candidate with the highest aggregate ranking.
(d) The mediator shall confer with the parties hereto to design procedures to conclude the mediation within no more than 45 days after initiation. Under no circumstances may the commencement of arbitration under Section 11.12 be delayed more than 45 days by the mediation process specified herein absent contrary agreement of the parties hereto.
(e) Each party agrees not resolved within 30 to use the period or pendency of the mediation to disadvantage the other party procedurally or otherwise. No statements made by either side during the mediation may be used by the other or referred to during any subsequent proceedings. Any period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until 20 days after the referral conclusion of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(iif) The mediation will be conducted at Each party has the place designated on right to pursue provisional relief from any court, such as attachment, preliminary injunction, replevin, etc., to avoid irreparable harm, maintain the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If status quo, or preserve the Parties cannot agree on a mediator within five days after the date subject matter of the Mediation Noticearbitration, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one even though mediation has not been commenced or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed hereincompleted.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Biomet Inc), Asset Purchase Agreement (LVB Acquisition, Inc.)
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA RulesMediation Procedures”), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(ia) The Party requesting the mediation, mediation may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Portland, Oregon.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Arbitration Administrator will shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both the other Parties have failed to respond to the AAA’s Arbitration Administrator within five days after receiving the list or because one or both the other Parties have failed to strike a name from the list or because both all Parties strike the same name, the AAA’s Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 21.2(c), and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein. ***Confidential Information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Disputedispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 21.2(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 21.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 20 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 20 days after the date of the Mediation Notice, (B) the passage of 45 30 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vig) All deadlines specified in this Section 21.2 may be extended by mutual agreement.
Appears in 2 contracts
Samples: Scheduling and Asset Optimization Services Agreement (MMC Energy, Inc.), Scheduling and Asset Optimization Services Agreement (MMC Energy, Inc.)
Mediation. If the dispute is not resolved within 30 thirty (30) days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding non-binding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1the date a Party requests mediation, 2003 and except as modified in this Section 24 (the “AAA RulesMediation Procedures”), notwithstanding any dollar amounts or dollar limitations contained therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three (3) available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five (5) days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding non-binding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (Bii) the passage of 45 thirty (30) days after the date of the Mediation Notice without the dispute having been resolved, or (Ciii) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vig) All deadlines specified in this Section 24.2.1 may be extended by mutual agreement.
Appears in 2 contracts
Samples: Pro Forma Draft, Power Purchase Agreement
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 the date a Party requests mediation (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein."Mediation Procedures).
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“"Mediation Notice”") of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24.1 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 20 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 20 days after the date of the Mediation Notice, (Bii) the passage of 45 30 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.or
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. If (a) The parties shall make a good faith attempt to settle any dispute hereunder ("Dispute") by mediation pursuant to the provisions of this Section 11.14 before resorting to litigation or any other dispute is not resolved within 30 days after resolution procedure.
(b) Unless the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesparties agree otherwise, the mediation will shall be conducted in accordance with the Commercial Arbitration Mediation Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association then in effect by a mediator who (i) has the “AAA”), qualifications and experience set forth in paragraph (c) of this Section 11.14 and (ii) is selected as amended and effective on July 1, 2003 provided in paragraph (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained thereind) of this Section 11.14.
(c) Unless the parties agree otherwise, the mediator shall be a neutral and impartial lawyer with excellent academic and professional credentials (i) The Party requesting who is or has been practicing law for at least fifteen (15) years, specializing in either general commercial litigation or general corporate and commercial matters, and (ii) who has had both training and experience as a mediator and who has successfully mediated at least ten (10) cases.
(d) Any party (the mediation, "Initiating Party") may commence the initiate mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy by giving each of the other Party’s parties (the "Recipient Parties") written agreement notice (a "Mediation Notice") setting forth a list of the names and resumes of qualifications and experience of three (3) impartial persons who the Initiating Party believes would be qualified as a mediator pursuant to such mediation.
the provisions of paragraph (iic) The mediation will be conducted at hereof. Within fifteen (15) days after the place designated on delivery of the Cover Sheet by Mediation Notice, the Recipient Parties shall give a single mediator. The counter-notice (the "Counter-Notice") to the Initiating Party in which the Recipient Parties may select any mutually acceptable designate a person to serve as the mediator from among the three (3) persons listed by the Initiating Party in the Mediation Notice (in which event such designated person shall be the mediator). If none of the persons listed in the Mediation Notice is designated by the Recipient Parties to serve as the mediator, the Counter-Notice should set forth a list of the names and resumes of three (3) impartial persons who the Recipient Parties believe would be qualified as a mediator pursuant to the provisions of paragraph (c) hereof. Within ten (10) days after the delivery of the Counter-Notice, the Initiating Party may designate a person to serve as the mediator from among the three (3) persons listed by the Recipient Parties in the Counter-Notice (in which event such designated person shall be the mediator). If the Parties parties cannot agree on a mediator within five days after from the date of three (3) impartial nominees submitted by each party, each party shall strike two (2) names from the Mediation Noticeother party's list and the two (2) remaining persons on both lists will jointly select as the mediator any person who has the qualifications and experience set forth in paragraph (c) hereof. If they are unable to agree, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution President of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time Delaware Bar Association shall select as the mediator makes a finding that there is no possibility of resolution through mediationany person who, in his or her opinion, has such qualifications and experience.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial the Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 the date a Party requests mediation (the “AAA Rules”"Mediation Procedures), notwithstanding any dollar amounts or dollar limitations contained therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“"Mediation Notice”") of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24.1 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 20 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 20 days after the date of the Mediation Notice, (Bii) the passage of 45 30 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.or
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 10.2. Any such mediation shall be conducted held in San Francisco, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 10.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in San Francisco, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 10.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 10.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.10.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. MANAGER’S INITIALS HPS’ INITIALS
Appears in 1 contract
Samples: Development Management Agreement (Five Point Holdings, LLC)
Mediation. If the dispute is not resolved within 30 days after the referral (a) Any dispute, controversy or claim arising out of the dispute or related to senior executivesthis agreement, or if no meeting the interpretation, application, breach, termination or validity thereof, including any claim of senior executives has taken place within 15 days after such referralinducement by fraud or otherwise, either Party may request that the matter which claim would, but for this provision, be submitted to nonbinding mediationarbitration shall, before submission to arbitration under section 14.1 hereof first be mediated through non-binding mediation in accordance with The CPR Mediation Procedure then in effect of the CPR Institute for Dispute Resolution (CPR) available at xxx.xxxxxx.xxx/x_xxxxxx.xxx, except where that procedure conflicts with these provisions, in which case these provisions control. If the other Party agrees, the The mediation will shall be conducted in accordance New York City and shall be attended by a senior executive with authority to resolve the dispute from each of the operating companies that are parties. *Certain information on this page has been omitted and filed separately with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of commission. Confidential treatment has been requested with respect to the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained thereinomitted portions.
(ib) The Party requesting the mediationmediator shall be neutral, may commence the independent, disinterested and shall be selected from a professional mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of firm such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediationas ADR Associates or JAMS/ENDISPUTE or CPR.
(iic) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may parties shall promptly confer in an effort to select any mutually acceptable mediator. If the Parties cannot agree on a mediator by agreement. In the absence of such an agreement within five 10 days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs initiation of the mediation, including fees the mediator shall be selected by CPR as follows: CPR shall provide the parties with a list of at least 15 names from the CPR Panels of Distinguished Neutrals. Each party shall exercise challenges for cause, two peremptory challenges, and expensesrank the remaining candidates within 5 working days of receiving the CPR list. The parties may together interview the three top-ranked candidates for no more than one hour each and, will after the interviews, may each exercise one peremptory challenge. The mediator shall be borne equally by the Partiesremaining candidate with the highest aggregate ranking.
(ivd) All verbal and written communications between The mediator shall confer with the Parties and issued or prepared in connection with parties to design procedures to conclude the mediation within no more than 45 days after initiation. Under no circumstances may the commencement of arbitration under this Section will Article 14 be deemed prepared and communicated in furtherance, and in delayed more than 45 days by the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution mediation process specified herein absent contrary agreement of the disputeparties.
(ve) The initial Each party agrees not to use the period or pendency of the mediation conference between to disadvantage the Parties and other party procedurally or otherwise. No statements made by either side during the mediator, which mediation may be held used by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon other or after the earlier referred to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediationduring any subsequent proceedings.
(vif) All deadlines in this Section may be extended by mutual agreementEach party has the right to pursue provisional relief from any court, such as attachment, preliminary injunction, replevin, etc., to avoid irreparable harm, maintain the status quo, or preserve the subject matter of the arbitration, even though mediation has not been commenced or completed.
Appears in 1 contract
Samples: Asset Purchase Agreement (Protein Design Labs Inc/De)
Mediation. If a dispute should occur arising out of or relating to the obligations or liabilities of Buyer or Seller under this Agreement or any of the other agreements executed pursuant to the terms of this Agreement (a “Dispute”), the parties shall attempt to resolve the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.following terms:
(i) The Party requesting Either party may call a special meeting for the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy resolution of the Dispute Notice (a “Special Meeting”). Unless the parties agree otherwise, in writing, the Special Meeting shall be held in Nashville, Tennessee within five (5) Business Days after a written request for the same has been delivered to Buyer or Seller, as applicable, by the other party, which notice shall specify the nature of the Dispute to be resolved and the response theretospecific location where the Special Meeting will be held. Buyer and Seller shall each send a representative or representatives to the Special Meeting who is familiar with the issues giving rise to the Dispute. In the event that the representative attending the Special Meeting on behalf of Buyer or Seller is an attorney actively practicing law, if anyBuyer or Seller, and a copy of as applicable, shall notify the other Party’s written agreement party of such fact prior to such mediationthe Special Meeting.
(ii) The If any Dispute is not been resolved within five (5) Business Days after a Special Meeting is held regarding the same, then Buyer or Seller may, at its option, initiate a mediation will proceeding to resolve the Dispute in accordance with this subparagraph (a “Mediation”). If either party requires a Mediation pursuant to this subsection, (A) representatives of Buyer and Seller who have authority to resolve the Dispute giving rise to such Mediation shall attend the same, (B) unless Buyer and Seller agree otherwise, in writing, the Mediation shall be conducted by an independent mediator from Judicial Arbitration and Mediation Services (“J.A.M.S.”) in accordance with its procedures, (C) Buyer and Seller shall each pay one-half of the fees charged by the mediator to conduct the Mediation, (D) the Mediation required under this subsection shall be held within thirty (30) days after Seller or Buyer requests the same by giving written notice to the other party, and (E) the Mediation shall be conducted at the place designated on the Cover Sheet a location in Nashville, Tennessee selected by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remainsIn the event any Mediation does not result in the settlement of the related Dispute within two (2) Business Days, either because one party may initiate legal proceedings to resolve the Dispute. No party shall initiate or both Parties have failed to respond prosecute any legal proceedings in connection with a Dispute prior to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed end of such two (2) Business Day period, except a party may file pleadings and other documents necessary to strike prevent its claim (and rights related thereto) from being barred by a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediationstatute of limitations, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he statute of repose or she has been originally appointed hereinother Applicable Laws at any time.
(iii) The mediation will consist If, as a result of one or more informala Mediation, nonbinding meetings between the Parties a voluntary settlement is reached and the mediatorparties agree that such settlement shall be reduced to writing, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will for such Mediation shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings an arbitrator for the resolution sole purpose of signing the disputesettlement agreement and such settlement agreement shall have the same force and effect as an arbitration award.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Delek US Holdings, Inc.)
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 3.2. Any such mediation shall be conducted held in San Francisco, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 3.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in San Francisco, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 3.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 3.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.3.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. TSC’S INITIALS CPHP’S INITIALS
Appears in 1 contract
Samples: Entitlement Transfer Agreement (Five Point Holdings, LLC)
Mediation. If To the dispute extent a Dispute is not resolved within 30 through the process outlined in the previous section and remains unresolved, the Parties agree to enter into non-binding mediation to resolve the Dispute. Within sixty (60) calendar days, of the issuance of the Dispute notice, or such longer period that is mutually agreeable to the Parties, the Parties agree to identify a mutually acceptable mediator who shall mediate the Dispute. If, after making reasonable efforts to identify a mutually acceptable mediator and no later than fifty (50) calendar days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy issuance of the Dispute Notice and Notice, the response theretoParties are unable to identify such a mediator, if any, and the Disputing Party shall provide the non-disputing Party with a copy list of five (5) proposed mediators. The non-disputing Party shall have five (5) Business Days from receipt of such list from the other Party’s written agreement Disputing Party to such mediation.
(ii) The mediation will be conducted at the place designated identify one proposed mediator on the Cover Sheet by list to use as a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after non-disputing Party fails to identify and communicate its choice to the date of Disputing Party in the Mediation Noticetime allotted, then the AAA’s Administrator will send a list and resumes of three available mediators Disputing Party shall be permitted to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose unilaterally identify the mediator from the remaining names list of five (5) mediators previously given who shall mediate the Dispute. The mediator shall be an attorney licensed to practice law in the state courts identified in section below titled “Governing Law.” Subject to the mediator’s availability, the Parties agree to mediate the Dispute within five daysthirty (30) days after the Parties have identified a mediator who has agreed to mediate the Dispute. If To the designated extent the mutually identified mediator dies, becomes incapableis unavailable, unwilling, or unable to serve or proceed with mediate the mediationDispute, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties shall utilize the same steps listed above to identify a new mutually agreeable mediator. To the extent the Disputing Party had to prepare a list of proposed mediators previously, it shall prepare and transmit a revised list within five (5) Business Days of receiving notice of the proposed mediator’s unavailability. Subject to the mediator’s requirements, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties agree they shall be permitted to attend the mediation via telephone or video conferencing. The Parties agree to pay in equal shares the mediator’s fee and expenses unless otherwise agreed to pursuant to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual settlement agreement.
Appears in 1 contract
Samples: Master Agreement
Mediation. If 126 If, within 45 days after the Notice provided in Section 12.2 of this Agreement has been given, a dispute is not resolved within 30 days after the referral of the dispute to senior executivesthrough negotiation, one or if no meeting of senior executives has taken place within 15 days after such referral, either Party more parties may request that the matter be submitted by Notice to nonbinding mediation. If the other Party agreesparties to the dispute, and to the mediation will be conducted in accordance with Company if it is not a party to the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Largedispute, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediationmediated. Upon the giving of that Notice, including therewith a copy no party may file any action with respect to all or any part of the Dispute dispute in a court of law until the provisions of this Section 12.3 have been satisfied. All parties to the dispute will collectively select a mediator. If they fail to do so within 75 days after the Notice and provided in Section 12.2 of this Agreement, one or more parties may request the response theretoJudicial Arbiter Group, if anyInc. (“JAG”), and Denver, Colorado, to submit a copy panel of five arbitrators from which the other Party’s written agreement to such mediation.
(ii) choice will be made. The party requesting the mediation will strike first, followed by alternative striking until one name remains. If there are more than two parties but not more than four parties, each party will strike in rotation until one name remains and that person shall be conducted at the place designated on the Cover Sheet by a single mediator. The Parties parties may select any mutually acceptable mediatorby agreement reject one entire list and request a second list. If the Parties cannot agree on selection of a mediator is not completed within five 105 days after the date of the Mediation NoticeNotice provided in Section 12.2 or if there are more than four parties, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed selected by JAG. The mediator so selected will then mediate the dispute in accordance Denver, Colorado. The party or parties requiring mediation shall bear one-half of the costs and expenses associated with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the other parties shall bear one-half of such costs and expenses. Within thirty (30) days of the appointment of a mediator, jointly the parties shall hold a mediation hearing before such mediator at such time and in separate caucuses, out of which place as the parties and the mediator will seek to guide the Parties to a resolution of the Disputemay agree. The If such mediation process will continue until the resolution of the disputeis unsuccessful, or the termination of the if mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will is not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 180 days after the Mediation Notice. Either Party may terminate the mediation process upon Notice provided in Section 12.2 for any reason or after the earlier to occur of (A) the reasons other than failure of the initial party requesting mediation conference to occur within 25 days after comply with the date of requirements above, the Mediation party requesting mediation may institute litigation on the claim or claims specified in that party’s Notice, (B) at the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediationrequesting party’s sole discretion.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Operating Agreement
Mediation. If the Parties fail to resolve any dispute is under Section 4 or 5 of this Amendment 3 through executive escalation, and either Party has requested mediation pursuant to Sections 4 or 5.5, then either Party may submit the dispute to JAMS, or its successor, for mediation, and if the first mediation meeting has not resolved begun within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date delivery of the Mediation Notice, then it may be submitted to JAMS, or its successor, for final and binding arbitration as provided in this Section 6.1 and pursuant to Section 6.2. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the AAA’s Administrator mediation proceedings. The Parties will send a list participate in the mediation in good faith, and resumes will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of three available mediators to the mediation by the Parties, each of whom will strike one nametheir agents, employees, experts and attorneys, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose by the mediator from the remaining names within five days. If the designated mediator diesor any JAMS employees, becomes incapableare Confidential Information, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, privileged and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediationinadmissible for any purpose, including fees and expensesimpeachment, will be borne equally by in any arbitration or other proceeding involving the Parties.
(iv) All verbal and written communications between the Parties and issued , provided that otherwise admissible or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and discoverable evidence will not be admissible rendered inadmissible * * * Indicates that confidential treatment has been sought for this information or non-discoverable as a result of its use in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Noticemediation. Either Party may terminate initiate arbitration with respect to the matters submitted to mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of by filing a written demand for arbitration at any time following 45 days after the date of the first mediation meeting, which first mediation meeting will take place within 30 days of delivery of the Mediation Notice without Notice. The mediation may continue after the dispute having been resolvedcommencement of arbitration if the Parties so desire. Unless the Parties otherwise agree, or (C) such time as the mediator makes a finding that there is no possibility will be disqualified from serving as arbitrator in the case. Any court of resolution through mediation.
competent jurisdiction (vipursuant to Section 23 of the Original Agreement) All deadlines in may enforce this Section may 6.1, and a Party successfully seeking enforcement will be extended entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by mutual agreementthe party against whom enforcement is ordered.
Appears in 1 contract
Mediation. If the dispute Dispute is not resolved under the procedure provided for in Section 11.2, above, within 30 days after one (1) month of its submission to SCE’s Vice President and Seller’s officer, then the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter Dispute shall be submitted to nonbinding JAMS, its successor, or any other mutually agreeable neutral (the “Mediator”) for non-binding mediation. If Either Party may initiate the mediation by providing to the other Party agreesa written request for mediation that sets forth the subject of the Dispute and the relief requested. The Parties will cooperate Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Exchange Act. with one another in promptly selecting the Mediator from the JAMS’ panel of neutrals, or in selecting a mutually acceptable non-JAMS Mediator, and in scheduling the time and place of the mediation. Unless otherwise agreed to by the Parties, however, the mediation will shall not be conducted in accordance with scheduled for a date that is greater than one hundred twenty (120) days from the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) date of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the initial written demand for mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto. Moreover, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date place of mediation, it shall alternate between the Parties’ headquarters, starting at the headquarters of the Mediation NoticeParty that did not request mediation. The Parties covenant that they will participate in the mediation in good faith, then and that they will share equally in its costs (other than each Party’s individual attorneys’ fees and costs related to the AAAParty’s Administrator will send a list participation in the mediation, which fees and resumes costs shall be borne by such Party). All offers, promises, conduct and statements, whether oral or written, made in connection with or during the mediation by either of three available mediators to the Parties, each of whom will strike one nametheir Representatives, and by the remaining person will Mediator and any of the Mediator’s agents, representatives and employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding between the Parties, provided, evidence that is otherwise admissible or discoverable shall not be appointed rendered inadmissible or non-discoverable as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with result of its use in the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Demand Response Resource Purchase Agreement (Enernoc Inc)
Mediation. If Should a Negotiation fail to produce a resolution within the dispute is not resolved within 30 days after the referral of the dispute Negotiation Period and any extension thereof, then any Party wishing to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy further pursue resolution of the Dispute Notice must initiate mediation by providing to JAMS, or its successor, in Seattle, Washington and to the other Designated Representatives a written request for mediation pursuant to this Section, setting forth the subject of the Dispute, the basis therefore, and the response thereto, if any, and a copy relief requested within fifteen (15) days of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at end of the place designated on the Cover Sheet by a single mediatorNegotiation Period and any extension thereof. The Parties may select any mutually acceptable mediator. If Designated Representatives shall cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, but if the Parties Designated Representatives cannot agree on a mediator within five seven (7) days after from the date of the Mediation Notice, request for mediation then the AAA’s Administrator Designated Representatives shall each select a designee from among the JAMS panel of neutrals, and those designees shall in turn select, from among the JAMS panel of neutrals, the single mediator who shall conduct the mediation (the “Mediator”). Such mediation will send a list be conducted within forty-five (45) days of the expiration of the Negotiation period and resumes any extension thereof unless otherwise agreed by all of three available mediators the Designated Representatives or required by the Mediator (the “Mediation Period”). The mediation shall be conducted pursuant to the customary procedures used and/or requested by the selected Mediator. The Mediator may conduct meetings or hearings in Seattle or Bellingham, Washington, or by telephone or teleconference, and request information from the Parties, each of whom will strike one nameas he or she deems necessary. Each Party shall bear its own costs in such mediation, and the remaining person will Mediator’s fee shall be appointed divided evenly among the Parties. The Parties agree that Federal and State Evidence Rule 408 and/or RCW 7.07.030 shall apply to all statements, information and documents exchanged or discussed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution part of the Dispute. The negotiation or mediation process will continue until the resolution of the disputeprocesses herein, provided that evidence that is otherwise admissible or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and discoverable will not be admissible rendered inadmissible or non- discoverable as a result of its use in evidence (whether as admission negotiation or otherwise) in any litigation or other proceedings for the resolution of the disputemediation under this Section.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Energy Infrastructure Agreement
Mediation. 17.1 If the dispute is has not been resolved within 30 days after by negotiation as stated above, the referral of parties shall endeavor to settle the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding by mediation. If Either party may initiate mediation by a request in writing to the other Party agreesparty. Thereupon, the mediation both parties will be conducted obligated to engage in accordance mediation with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If The parties regard the Parties canaforesaid obligation to mediate an essential provision of this Agreement and one that is legally binding on them. In case of a violation of such obligation by either party, the other may bring an action to seek enforcement of such obligation in any court of law having jurisdiction thereof.
17.2 Within ten (10) days following a party's notice to initiate mediation hereunder, the parties will submit to each other a written list of acceptable qualified mediators not agree on a mediator within five affiliated with any of the parties. Within ten (10) days after from the date of receipt of such list, the Mediation Noticeparties to this Agreement will rank the mediators in numerical order of preference and exchange such rankings. If one or more names appear on both lists, then the AAA’s Administrator will send a list person whose name appears on both lists and resumes of three available mediators to who receives the Parties, each of whom will strike one name, and the remaining person highest combined ranking will be appointed chosen as the mediator. If more than one name remainsno mediator has been selected under this procedure, either because one the parties agree jointly to request a mutually agreeable State or both Parties have failed Federal District Judge in Hennepin County, Minnesota, to respond to supply within ten (10) business days a list of qualified mediators within numerical order of preference and will simultaneously exchange such list and will select as the AAA’s Administrator within five days after mediator the individual receiving the list or because one or both Parties have failed highest combined ranking. If such mediator is not available to strike a name from the list or because both Parties strike the same nameserve, the AAA’s Administrator they will choose proceed to contact the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable who was next highest in ranking until they are able to serve or proceed with the mediation, select a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed hereinmediator.
(iii) 17.3 The mediation will consist parties' efforts to reach a settlement of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process any dispute will continue until the resolution of the dispute, or the termination conclusion of the mediation process pursuant proceeding. The mediation proceeding will be concluded when: (a) a written settlement agreement is executed by the parties, or (b) the mediator concludes and informs the parties in writing that further efforts to mediate the dispute would not be useful, or (c) the parties agree in writing that an impasse has been reached. Notwithstanding the foregoing, either party may withdraw from the mediation proceeding without liability therefore in the event such proceeding continues for more than thirty (30) days from the commencement of such proceeding. For purposes of the preceding sentence, the proceeding will be deemed to have commenced following the completion of the selection of a mediator as provided in Paragraph 17.2.
17.4 The procedures specified in Articles 16 and 17 shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this SectionAgreement; provided, however, that a party, without prejudice to the above procedures, may file a complaint to seek a preliminary injunction or other provisional judicial relief, if in its sole discretion such action is necessary to avoid irreparable damage or to preserve the status quo. Despite such action, the parties will continue to participate in good faith in the procedures specified in Articles 16 and 17 hereof.
17.5 All applicable statues of limitation and defenses based upon passage of time shall be tolled while the procedures specified in Articles 16 and 17 are pending. The costs parties will take such action, if any, required to effectuate such tolling.
17.6 Each party will bear its own cost of mediation; provided, however, the mediation, including fees and expenses, cost charged by any independent third party mediator will be borne equally by the Partiesparties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 10.2. Any such mediation shall be conducted held in Los Angeles, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 10.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in Los Angeles, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 10.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 10.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.10.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. MANAGER’S INITIALS CPHP’S INITIALS
Appears in 1 contract
Samples: Development Management Agreement (Five Point Holdings, LLC)
Mediation. If The Owner, the Lessee(s), and the Guarantor(s) (collectively the "Parties"), hereby acknowledge that mediation is an informal process where the parties to a dispute is not resolved within 30 days after meet in an attempt to reach a voluntary resolution. Therefore, in lieu of litigation, the referral of the Parties to this Lease Agreement and/or Guaranty, hereby agree that any dispute arising under or in any way relating to senior executivesthis Lease Agreement and/or Guaranty, or if no meeting of senior executives has taken place within 15 days after such referralany other matters, either Party may request that disputes, or claims between the matter Parties, shall first be submitted to nonbinding non-binding mediation in Louisville, Kentucky, unless either party requests that it take place in Lexington, Kentucky. This provision, as well as the arbitration provision below, shall not apply to any eviction and/or forcible detainer actions, which shall remain the exclusive jurisdiction of the District Court of the county in which the real property is located. Any party requesting mediation (“Plaintiff”), shall serve a written demand upon the other Party (“Defendant”), and such demand shall contain a statement setting forth the nature of the dispute, the names and addresses of all other parties, and the amount involved. Upon service of a written demand, the Defendant shall have thirty (30) days within which to schedule mediation, and an additional sixty (60) days thereafter in which to mediate. If the other Party agreesDefendant fails to schedule mediation within thirty (30) days, or fails to mediate within the mediation will additional sixty (60) days; or if Defendant expressly waives its right to mediation; then the Defendant shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the deemed to have waived mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that Plaintiff may proceed with binding arbitration. Should the dispute be resolved through mediationDefendant agree to mediate, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If but the Parties cannot agree on upon a date, the mediator shall select a date upon demand by one of the parties. Said demand should be made to the mediator within five seven (7) days after the date of the expiration of the 30 day period to schedule, or mediation shall be deemed to be waived. Any papers, notices, or process necessary or proper for the initiation or continuation of mediation shall be served upon the Parties by way of United States Certified Mail or regular mail with proof of mailing to the address as follows:
1. Owner WildcatStreet P.O. Box 910726 Lexington, Kentucky 40591-0726
2. Lessee(s) and Sublessee(s) Address provided in the Lease Agreement or application, or any other address provided during the term of the lease or at move out.
3. Guarantor(s) Address(es) provided in the Guaranty The Parties shall be deemed to have been served any papers, notices, or process at the time when mailed. It is the responsibility of the Parties to maintain a current address in order to insure receipt of any papers, notices, or process. The mediator shall be selected from the Retired Judges & Associates Mediation Notice& Arbitration Services, then the AAA’s Administrator will send a list and resumes Inc. ("Retired Judges & Associates"), by either (1) agreement of three available mediators to the Parties, each of whom will strike one nameor (2) if the Parties cannot agree, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name by random draw from the list or because both Parties strike pool of mediators at the same name, the AAA’s Administrator will choose the mediator from the remaining names within five daysRetired Judges & Associates. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the Another mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution outside of the Dispute. The mediation process will continue until the resolution of the disputeRetired Judges & Associates, or the termination of the mediation process pursuant to this Section. The costs of the mediationmay be selected, including fees and expenses, will be borne equally but only upon a written agreement signed by the Parties.
(iv) All verbal . Each party shall be solely responsible for its own legal fees, should such party elect to hire an attorney, and written communications between the Parties and issued or prepared any other expenses that such party incurs in connection with this Section will be deemed prepared the mediation proceedings. Both Parties shall share equally the fees and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and expenses associated with the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Lease Agreement
Mediation. If the dispute is not resolved within 30 thirty (30) days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding non-binding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1the date a Party requests mediation, 2003 and except as modified in this Section 24 (the “AAA RulesMediation Procedures”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) . The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(ii) . The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Portland, Oregon. The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three (3) available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five (5) days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iii) . The mediation will shall consist of one or more informal, nonbinding non-binding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(iv) . All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) . The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (Bii) the passage of 45 thirty (30) days after the date of the Mediation Notice without the dispute having been resolved, or (Ciii) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) . All deadlines specified in this Section 24.2.1 may be extended by mutual agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. If the dispute is not resolved within 30 thirty (30) days after from the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA RulesMediation Procedures”), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(i) 15.2.1 The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) 15.2.2 The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
15.2.3 The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable member from the panel of retired judges at AAA as a mediator. If the Parties parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Arbitration Administrator will shall send a list and resumes of three (3) available mediators to the Partiesparties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties parties have failed to respond to the AAA’s Arbitration Administrator within five (5) days after of receiving the list or because one or both Parties parties have failed to strike a name from the list or because both Parties parties strike the same name, the AAA’s Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 15.2.3, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iii) 15.2.4 The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Disputedispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. Section 15.2.7.
15.2.5 The costs of the mediation, including mediator’s fees and expenses, will shall be borne equally by the Parties. Each Party shall bear its own expenses incurred in connection with such mediation; provided, however, that if any dispute hereunder is not fully resolved as a result of such mediation, the prevailing party shall be awarded its reasonable attorney fees in any subsequent dispute resolution proceedings.
(iv) 15.2.6 All verbal and written communications between the Parties parties and issued or prepared in connection with this Section will 15.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) 15.2.7 The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (B) the passage of 45 thirty (30) days after from the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation. The mediation shall follow and be governed by the laws of the State of New York.
(vi) 15.2.8 All deadlines specified in this Section 15.2 may be extended by mutual agreement.
Appears in 1 contract
Samples: Tolling Service Agreement
Mediation. If Any disputes arising hereunder shall first be referred for resolution to Wxxxx Fargo’s, Cardtronics’ and 7-Eleven’s respective senior management designee who shall endeavor in good faith to resolve any such disputes within the dispute limits of each such representative’s authority and within 10 Business Days from the date it is not resolved within 30 days after the referral of the dispute referred to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediationthem. If the other Party agreesrespective senior management designees are unable to resolve such dispute within such ten day period, the mediation will be conducted in accordance with Parties shall follow the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained thereindispute resolution procedures set forth below.
(i) The Party requesting Parties shall endeavor to settle the mediationdispute by mediation using JAMS Mediation in Houston, may commence Texas. Within 10 Business Days from the mediation process date that the Parties cease direct negotiations pursuant to the negotiations above, the Parties will submit to each other a written list of qualified JAMS mediators not affiliated with AAA by notifying AAA either of the Parties and having at least five years experience in the other Party in writing (“Mediation Notice”) field of banking and ATM cash supply. Within ten days from the date of receipt of such Party’s desire that list, the dispute Parties shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names appear on both lists, the person whose name appears on both lists and who receives the highest combined ranking shall be resolved through mediationchosen as the mediator. If such mediator is not available to serve, including therewith they shall proceed to contact the mediator who was next highest in ranking until they are able to select a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediationmediator.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date Each Party shall bear its own cost of the Mediation Noticemediation; provided, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same namehowever, the AAA’s Administrator will choose the cost charged by any independent third party mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(iviii) All verbal The Parties agree that any mediation proceeding will constitute settlement negotiations for purposes of the federal and written communications between state rules of evidence and will be treated as confidential and privileged communication by the Parties and issued the mediator. No stenographic, visual or prepared in connection with this Section will audio record shall be deemed prepared made of any mediation proceedings. All conduct, statements, promises, offers and communicated in furtherance, and opinions made in the contextcourse of the mediation by any Party, of dispute settlementits agents, employees, representatives or other invitees and will be exempt from discovery and production, and will by the mediator shall not be discoverable or admissible in evidence (whether as admission or otherwise) for any purposes in any litigation or other proceedings for proceeding involving the resolution Parties and shall not be disclosed to any third party. The Parties agree that the obligation to conduct the mediation procedure shall be obligatory upon each of them. In the disputeevent that either Party refuses to adhere to the mediation procedure set forth herein, the other Party may bring an action to seek enforcement of such obligation in any court of competent jurisdiction. The internal dispute escalation procedures and mediation procedures set forth herein shall not limit a Party’s rights to obtain injunctive or other equitable relief as permitted herein.
(viv) The initial Parties’ efforts to reach a settlement of any dispute will continue until the conclusion of the mediation conference between the Parties and the mediator, which may be held by telephone, proceeding. The mediation proceeding will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of concluded when: (A) a written settlement agreement is executed by the failure of the initial mediation conference to occur within 25 days after the date of the Mediation NoticeParties, or (B) the passage of 45 days after mediator concludes and informs the date of the Mediation Notice without Parties in writing that further efforts to mediate the dispute having been resolvedwould not be useful, or (C) the Parties agree in writing that an impasse has been reached. Notwithstanding the foregoing, either Party may withdraw from the mediation proceeding in the event such time proceeding continues for more than 20 days from the commencement of such proceeding. For purposes of the preceding sentence, the proceeding shall be deemed to have commenced following the completion of the selection of a mediator as provided above. If a Party withdraws or the mediator makes mediation otherwise concludes as set forth above, either Party may bring an action in a finding that there is no possibility court of resolution through mediationcompetent jurisdiction.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Contract Cash Solutions Agreement (Cardtronics Inc)
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”"Mediation Procedures"), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“"Mediation Notice”") of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Portland, Oregon.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s 's Arbitration Administrator will shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s 's Arbitration Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s 's Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 24.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 20 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 20 days after the date of the Mediation Notice, (Bii) the passage of 45 30 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.or
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. If Before any dispute between the Parties is referred --------- to an arbitrator or arbitration panel for resolution, the Parties shall use reasonable and good faith efforts to resolve said dispute is on an informal basis or through the use of a mediator mutually agreeable to both Parties. The mediator selected for this purpose shall not resolved within 30 days after have any power to render a decree or to enter any judgment binding upon the referral of Parties, but instead said mediator shall be selected in an effort to achieve a consensus and agreement between the dispute Parties with respect to senior executives, the issue or if no meeting of senior executives has taken place within 15 days after such referral, issues in dispute. In the event either Party believes an issue has not been resolved to said Party's satisfaction and that said dispute potentially may request be the subject of arbitration if not resolved, said Party shall have the right to demand that said issue be presented to a mediator for mediation and conciliation. In such event, said Party desiring such mediation (the matter be submitted "Electing Party") shall give notice to nonbinding mediation. If the other Party agrees, (the mediation will "Notice Party") as to the Electing Party's desire to refer said issue to a mediator for resolution. Said written notice to the Notice Party shall specify the names of at least three (3) persons who would be conducted in accordance with acceptable to the Commercial Arbitration Rules and Mediation Procedures Electing Party as a mediator for this purpose. The Notice Party shall have the right to agree to any one (Including Procedures for Large, Complex Commercial Disputes1) of the American Arbitration Association three (3) persons so named to serve as mediator or shall have the “AAA”), right to reject all said persons named and suggest three (3) prospective mediators in return. If both Parties are unable to agree as amended and effective on July 1, 2003 to the name of a mediator who will serve as such in connection with said mediation proceedings within thirty (30) days of the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The date the Electing Party requesting first gives notice to the mediation, may commence the mediation process with AAA by notifying AAA and the other Notice Party in writing (“Mediation Notice”) this regard, then the issue involved shall not be required to be mediated, but instead may be the subject of such Party’s desire that arbitration pursuant to the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediatorprovisions hereafter specified. If the Parties cannot are able to agree on as to a mediator within five days after the date of the Mediation Noticeperson who can serve as mediator, then the AAA’s Administrator will send a list parties shall meet with said mediator and resumes of three available mediators attempt to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed resolve that issue to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five daystheir mutual satisfaction. If the designated mediator dies, becomes incapable, unwilling, or parties are unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to achieve a resolution of the Dispute. The issue through said mediation process will continue until the resolution of the disputeproceeding, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either then either Party may terminate thereafter invoke the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediationarbitration proceedings hereafter specified.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Mediation. A. We and you acknowledge that resolving disputes prior to commencing court proceedings is in the best interest of both parties, all other System franchisees and the System. Therefore, the parties agree that they will act in good faith to settle any dispute or controversy between them either prior to or during the Mediation. Except as provided below, all disputes and controversies between us and you, without exception, arising under, as a result of or in connection with this Agreement the Franchised Business will be subject to mandatory nonbinding Mediation.
B. If either party alleges a dispute or controversy against the other party for any reason whatever, then either party will have the right to demand nonbinding Mediation after the complaining party has provided the other party with written notice describing the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA controversy and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediatordesired action. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator Mediator will be appointed in accordance with the selection procedure described above, Rules and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution Regulations of the DisputeAmerican Arbitration Association unless the parties agree on a Mediator in writing within ten (10) days after either party has provided the other party with written notice of Mediation. The mediation process All Mediation hearings will continue until the resolution of the disputetake place exclusively in Minneapolis, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlementMinnesota, and will be exempt from discovery held within twenty (20) days after the Mediator has been appointed. The Mediation hearing will be informal and productionthe Mediator will have the right to hear and review all testimony and evidence presented by either party. The cost of the Mediator will be paid equally by the parties and each party will pay the expenses it incurs in connection with the Mediation.
C. Neither party will have the right to commence legal proceedings against the other party until the dispute or controversy has been mediated as provided for herein. All matters, testimony, arguments, evidence, allegations, documents and memorandums referred to, introduced or presented during the mediation will be held confidential in all respects and will not be admissible in evidence (whether as admission disclosed to any other person or otherwise) in any litigation or other proceedings for the resolution of the disputeentity by either party.
(v) The initial mediation conference between the Parties D. Disputes arising out of Section 5 and the mediator, which may 15 shall not be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier subject to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Franchise Agreement (Ipi Inc)
Mediation. If a) Except as provided in subdivision e), County and Lessee agree to submit to non-binding mediation any dispute arising out of a claim by a party that the dispute is not resolved other party has breached one or more sections of this Agreement.
b) A party must provide notice of a written request for mediation to the other party within 30 14 calendar days after the referral of the dispute date on which notice of a breach or default is deemed given under this Agreement. Failure to senior executives, or if no meeting provide notice of senior executives has taken place within 15 days after such referral, either Party a written request for mediation as required by this section thereby waives any right to request mediation.
c) 8SRQ D SDUW\¶V UHTXHVW IRU PHGLDWLRQ WKH Neither party may request that unreasonably withhold its consent to the matter be submitted to nonbinding mediationselection of a mediator. If the other Party agreesparties are unable to agree upon a mediator, the each party must GHVLJQDWH D SHUVRQ WR VHOHFW D PHGLDWRU must then select a mediator. The parties must select a mediator within 14 calendar days after notice of a request for mediation will be conducted in accordance with the Commercial Arbitration Rules and was received. Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response theretofees, if any, must be divided equally among the parties.
d) Upon expiration of any applicable 30-day notice to cure, a party may file a court or administrative complaint, but any pending court or administrative action will be stayed, and a copy the applicable statute of limitations will be tolled, until the earlier of either: (i) completion of the other Party’s written agreement to such mediation.
; or (ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five 75 calendar days after the date on which notice of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one breach or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be default was deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediatorgiven, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreementagreement of the parties.
e) The following matters are excluded from mediation:
i) An unlawful detainer action alleging a default described in section 39(b) of this Agreement or nonpayment of rent;
ii) Any dispute related to permitted uses of the hangar arising out of section 4 of this Agreement;
iii) Any dispute related to hazardous materials and hazardous work, arising out of section 33 of this Agreement;
iv) 7KH ILOLQJ RU HQIRUFHPHQW RI D PHFKDQLF /HVVHH¶V SHUVRQDO SURSHUW\
v) An action by County to remove a lien on the Premises;
vi) Any matter within the jurisdiction of a probate, small claims, or bankruptcy court;
vii) An action to obtain an order of attachment, receivership, injunction, or other provisional remedy; and
viii) Any dispute related to an emergency, violent act, or criminal activity that jeopardizes the Airport, people, or property thereon, including, but not limited to, a restraining order.
Appears in 1 contract
Mediation. If the dispute is not resolved within 30 thirty (30) days after from the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA RulesMediation Procedures”), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(i) 15.2.1 The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) 15.2.2 The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
15.2.3 The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable member from the panel of retired judges at AAA as a mediator. If the Parties parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Arbitration Administrator will shall send a list and resumes of three (3) available mediators to the Partiesparties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties parties have failed to respond to the AAA’s Arbitration Administrator within five (5) days after of receiving the list or because one or both Parties parties have failed to strike a name from the list or because both Parties parties strike the same name, the AAA’s Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 15.2.3, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iii) 15.2.4 The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Disputedispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. Section 15.2.7.
15.2.5 The costs of the mediation, including mediator’s fees and expenses, will shall be borne equally by the Parties. Each Party shall bear its own expenses incurred in connection with such mediation; provided, however, that if any dispute hereunder is not fully resolved as a result of such mediation, the prevailing party shall be awarded its reasonable attorney fees in any subsequent dispute resolution proceedings.
(iv) 15.2.6 All verbal and written communications between the Parties parties and issued or prepared in connection with this Section will 15.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) 15.2.7 The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (B) the passage of 45 thirty (30) days after from the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.or
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. (a) Except for matters required to be arbitrated pursuant to Section 10.16, in the event of any controversy arising under this Agreement, the parties agree to negotiate in good faith to resolve such matter. If the dispute such controversy is not resolved by such informal negotiations within 30 days after the referral controversy arises (or any mutually agreed extension of time) after either party requests such negotiations, the controversy shall be referred to the Atlanta, Georgia office of JAMS/Endispute for mediation. Such mediation shall be one or more nonbinding conferences between the parties in which a mediator will seek to guide the parties to a resolution of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediatorcontroversy. The Parties may parties shall be free to select any mutually acceptable mediatormediator from the list at JAMS/Endispute. If the Parties cannot parties are unable to agree on or have no particular choice of mediator and request JAMS/Endispute assign a mediator within five days after to assist in resolving the date of the Mediation Noticecontroversy, then the AAA’s Administrator will send a list and resumes of three available mediators shall be sent to the Partiesparties (with the Shareholders being deemed one party acting through the Representative for purposes of this Section 10.15), each of whom will may strike one name, and leaving the remaining person will be appointed name as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iiib) The mediation will consist Following the selection of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the parties shall meet with the mediator will seek at an agreed time and place (or if no such agreement is made, on a date selected by the mediator, which date shall be not more than 45 days after the mediator is selected) and attempt to guide the Parties to negotiate a resolution of the Dispute. The controversy, and the mediation process will shall continue until the resolution of the dispute, controversy is resolved or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no reasonable possibility of resolution settlement through mediation. If either party has substantial need for information in the possession of the other to prepare for the mediation, the parties shall attempt in good faith to agree upon procedures for the expeditious exchange of information, with the help of the mediator if required.
(vic) All deadlines The fees and costs shall conform to the then current fee schedule of JAMS/Endispute and, in this Section may the absence of an agreement to the contrary, will be extended borne one-half by mutual agreementthe Shareholders and one-half by Medirisk.
(d) The mediation process is to be considered settlement or comprise negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence, such that information used or discussed in negotiations is inadmissible. The entire mediation shall be confidential, and no stenographic or other record shall be made except to memorialize a settlement.
Appears in 1 contract
Mediation. If the dispute is not resolved within 30 thirty (30) days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA RulesMediation Procedures”), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Portland, Oregon.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Arbitration Administrator will shall send a list and resumes of three (3) available mediators to the Partiesparties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties parties have failed to respond to the AAA’s Arbitration Administrator within five (5) days after receiving the list or because one or both Parties parties have failed to strike a name from the list or because both Parties parties strike the same name, the AAA’s Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2(c), and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties parties and issued or prepared in connection with this Section will 24.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (B) the passage of 45 thirty (30) days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vig) All deadlines specified in this Section 24.2 may be extended by mutual agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 10.2. Any such mediation shall be conducted held in San Francisco, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 10.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in San Francisco, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 10.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 10.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.10.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. MANAGER’S INITIALS TIH’S INITIALS
Appears in 1 contract
Mediation. If the dispute is not resolved within 30 days after the referral Any controversy or claim arising out of the dispute or relating to senior executivesthis Agreement, or if no meeting of senior executives has taken place within 15 days after such referralthe breach thereof, either Party may request that the matter shall be submitted to nonbinding mediation. If the other Party agrees, the settled by mediation will be conducted in accordance with the Commercial Arbitration Mediation Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (by a mediator agreed upon in writing by the “AAA”)parties, as amended and effective on July 1judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event the Parties fail to agree upon the choice of a mediator, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA each party shall appoint one individual representative and the other two Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediationrepresentatives shall, including therewith between themselves, choose a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties hereby agree that the said Mediation proceedings be held in Hxxxxx County, Texas. Paragon Real Estate Equity & Investment Trust By: Name: Title: Paragon Real Estate Equity and Investment Trust (the “Company”), for value received, hereby promises to pay to the order of _____________________ (the “Subscriber”) or the Subscriber’s registered assigns, the sum of ____________________________________ Dollars ($______________), or such lesser amount as shall then equal the outstanding principal amount hereof and any unpaid accrued interest hereon, as set forth below, on the third anniversary of the date above or may select any mutually acceptable mediatorelect to convert the Note into Shares pursuant to the terms of the Purchase Agreement (as defined below). This Convertible Note (the “Note”) has been issued pursuant and subject to that certain Convertible Note Purchase Agreement, dated November 20, 2015, by and among the Company and the Subscriber, as the same may from time to time be amended, modified or supplemented (the “Purchase Agreement”). The Subscriber is subject to certain restrictions set forth in the Purchase Agreement and shall be entitled to certain rights and privileges set forth in the Purchase Agreement. Terms not defined herein shall have the meaning ascribed to it in the Purchase Agreement. If there is any conflict between the Parties cannot agree on a mediator within five days after the date terms of the Mediation NoticePurchase Agreement and the Note, then the AAA’s Administrator will send Purchase Agreement shall govern. The following is a list statement of the rights of the Subscriber and resumes of three available mediators the conditions to the Parties, each of whom will strike one namewhich this Note is subject, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the disputeSubscriber hereof, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with acceptance of this Section will be deemed prepared and communicated in furtheranceNote, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.agrees:
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Paragon Real Estate Equity & Investment Trust)
Mediation. If a claim, dispute or disagreement arising out of, or relating to this Agreement or the dispute is performance thereof (collectively "Claim") exists between the Members and such Claim cannot resolved within 30 days after be settled by Executive Review, either Member may elect to submit the referral Claim to mediation before a neutral retired judge of the dispute Superior Court of Los Angeles County (the "Mediator"). If either party so elects, the other party shall submit to senior executivesmediation before a Mediator selected by mutual agreement of the Members or, or if no meeting agreement on the selection of senior executives a Mediator has taken place been reached within 15 days after such referralthirty (30) days, either Party may request that the matter be submitted to nonbinding mediationbefore a Mediator selected by Judicial Arbitration & Mediation Services, Inc. ("JAMS") located at 0000 Xxxxx Xxxx Xxxx., Xxxxx 0000, Xxxxx Xxxxxx, XX 00000 (or any successor organization). If the other Party agrees, the The mediation will shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.follows:
(i) The Party requesting Notwithstanding any legal decision to the mediationcontrary, may commence including, without limitation, Xxxxxx Financial Group v. Xxxxxx Xxxxxxxx & Co., 22 F.3d 1010 (10th Cir. 1994), the parties hereby agree, pursuant to, without limitation, California Evidence Code Sections 1152 and 1152.5, that any communications, written or oral, including, but not limited to, statements made and evidence introduced, during the course of any mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy conducted pursuant to these provisions of the Dispute Notice Agreement shall be conclusively deemed to constitute privileged and confidential settlement discussions made in the response thereto, if any, course of mediation and a copy shall not be admissible in any subsequent proceeding pursuant to the provisions of the other Party’s written agreement to such mediation.this Agreement;
(ii) The mediation Mediator shall not have authority to impose a settlement upon the parties, but will be conducted at assist in attempting to reach a satisfactory resolution of the place designated on the Cover Sheet by a single mediatorClaim. The Parties may select any mutually acceptable mediator. If Mediator shall end the Parties canmediation whenever, in his judgment, further efforts at mediation would not agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties contribute to a resolution of the Dispute. The Claim;
(iii) Any agreement reached in mediation process will continue until shall be binding upon the resolution of Company, the dispute, or Members and the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.Managers; and
(iv) All verbal Each party shall bear all of its own legal fees, costs and written communications between the Parties expenses of meditation and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution one-half of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure costs of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediationMediator.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Apcoa Capital Corp)
Mediation. If the dispute is has not been resolved within 30 days after by negotiation as provided in paragraph A, the referral of Parties shall make a good faith attempt to settle the dispute by mediation under the provisions of this Paragraph B before resorting to senior executivesarbitration, litigation or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that any other dispute resolution procedure.
(1) Unless the matter be submitted to nonbinding mediation. If the other Party agreesParties agree otherwise, the mediation will shall be conducted in accordance with the Commercial Arbitration Rules CPR Institute for Dispute Resolution (“CPR”) Model Procedure for Mediation of Business Disputes then in effect by a mediator who:
(a) has the qualifications and Mediation Procedures experience set forth in Subparagraph (Including Procedures for Large, Complex Commercial Disputes2); and
(b) of the American Arbitration Association is selected as provided in Subparagraph (the “AAA”3), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i2) The Unless the Parties agree otherwise, the mediator shall be a neutral and impartial lawyer who:
(a) is or has been a partner in a highly respected law firm for at least fifteen (15) years as a practicing attorney specializing in either general commercial litigation or general commercial matters or is a retired state or federal judge;
(b) has had training as a mediator; and
(c) has mediated at least ten (10) cases.
(3) Either Party requesting may initiate mediation of the mediation, may commence the mediation process with AAA dispute by notifying AAA and giving the other Party in writing (“Mediation Notice”) of written notice setting forth such Party’s desire that request to submit the dispute be resolved through to mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable shall have twenty (20) Days from the date the mediation notice is received by the other Party to agree upon a mediator. If the Parties cannot agree on a are unable to agree, the mediator within five days shall be selected by the President of the CPR Institute for Dispute Resolution in New York, New York, or such President’s designee, utilizing the criteria in Subparagraph (2).
(4) Within thirty (30) Days after the date of the Mediation Noticemediator has been selected as provided above, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose and their respective attorneys shall meet with the mediator from in Chicago, Illinois, unless the remaining names within five daysParties agree upon another location, for at least one mediation session, it being agreed that each Party representative attending that mediation session shall be a Senior Party Representative with authority to settle the dispute. If the designated mediator diesdispute cannot be settled at that mediation session or at any mutually agreed continuation of that mediation session, becomes incapable, unwilling, or unable to serve or proceed with either Party may give the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties other and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of written notice declaring the mediation process pursuant to this Section. The costs of the mediationat an end, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between in which event the Parties and issued or prepared may resort to litigation in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, a court of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the disputecompetent jurisdiction.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Ethanol Marketing Agreement (Advanced BioEnergy, LLC)
Mediation. If the dispute is such Dispute cannot resolved be settled at such meeting either party within 30 five (5) days after the referral of the dispute to senior executives, such meeting (or within ten (10) days of receipt of a Request if no meeting of senior executives has taken place within 15 days after such referral, either Party takes place) may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures give a written notice (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (a “Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to such mediation.
party (iior parties) The requesting mediation will be conducted at and setting forth the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution nature of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after in Dallas, Texas, unless the parties agree otherwise, under the Commercial Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure Rules of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after AAA in effect on the date of the Mediation Notice without (“Mediation Rules”). The parties shall have ten (10) days from receipt by a party of a Mediation Notice to agree on a mediator. Failing such timely agreement, the dispute having mediator shall be appointed by the following procedure: The AAA office in Dallas, Texas shall provide the parties with a list of nine persons who are or have been resolvedattorneys, or who reside in United States, and who are otherwise qualified by education and experience to mediate the parties’ Dispute. If the parties cannot agree to a mediator from this list, the mediator shall be chosen by each side striking a name (Cwith the first to strike being chosen by lot) such time until only one name remains. That person shall be appointed by the AAA as the mediator makes Mediator. If there are three parties with diverse interests, the Buyer, on the one hand, and the parties that are members of the Selling Parties, on the other hand, each will be treated as one party for purposes of striking potential mediators from such list until the Mediator is selected. If the Dispute has not been resolved by mediation as provided above within sixty (60) days after the appointment of the Mediator (or within ninety (90) days of the receipt of a finding that there is no possibility Mediation Notice, whichever comes sooner), then, on the Request of resolution through mediationany Party the Dispute will be determined by arbitration in accordance with the provisions of Section 3 hereof. The fees and expenses of the AAA and the Mediator shall be apportioned by the AAA in accordance with its then applicable Mediation Rules.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Mediation. If the parties cannot come to an agreement on any amendment to the Exhibits, including percentage splits with respect to Schedule C Employees, or for any other dispute related to this Agreement, Mountain Creek, SNOW Creek and SNOW Creek Employees agree to utilize a third-party mediator, selected and agreed to by the parties, to mediate the dispute, and if mediation is not successful, to binding arbitration which shall be exclusive mechanism for resolving any such a dispute that may arise from time to time. The following procedures shall apply to a request by Mountain Creek or SNOW Creek to amend or modify the Exhibits (an “Exhibit Renegotiation Request”):
a. In the event that an Exhibit Renegotiation Request or any other dispute is not resolved on an informal basis within 30 twenty (20) days after one party provides written notice to the referral other party of such request (”Renegotiation Notice”), either party may, by written notice to the dispute other party submit the Exhibit Renegotiation Request to senior executives, any mutually agreed to mediator or mediation service for mediation (or if no meeting mediator or mediation service is agreed to within thirty (30) days of senior executives has taken place within 15 days after such referralthe Renegotiation Notice, then the mediator shall be selected by referral by either Party may request party to the JAMS Mediation Process of the JAMS Mediation ADR Service) (the “Mediator”). Each party shall provide the Mediator with a statement setting forth the facts relevant to the party’s position respecting the Exhibit Renegotiation Request. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties agree that the matter be submitted mediator’s fees and expenses and the costs incidental to nonbinding mediation. If the other Party agrees, the mediation will be conducted shared equally between the parties.
b. All offers, promises, conduct, and statements, whether oral or written, made in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) course of the American Arbitration Association (mediation by any of the “AAA”)parties, as amended their agents, employees, experts, and effective on July 1attorneys, 2003 (and by the “AAA Rules”)Mediator are confidential, notwithstanding privileged, and inadmissible for any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediationpurpose, including therewith impeachment, in any litigation, arbitration, or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a copy result of its use in the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. c. If the Parties parties cannot agree on resolve any Exhibit Renegotiation Request in mediation for any reason, including, but not limited to, the failure of either party to meaningfully participate in mediation within ninety (90) days of a mediator within five days after Shared Costs Demand, either party submit the date matter to a binding adjudicative process in New Jersey before a neutral appointed by JAMS, under the abbreviated presentation procedures of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one nameJAMS, and the remaining person will adjudication of such neutral may be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) entered in any litigation or other proceedings for the resolution of the disputecourt having jurisdiction thereof.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Employee Sharing Agreement
Mediation. If the dispute Dispute is not resolved within 30 forty-five (45) days after the referral of the dispute to senior executivesdate of the Dispute Notice, or if no meeting of senior executives has taken place the party receiving the Dispute Notice does not respond in writing to the Dispute Notice within 15 ten (10) days after such referralreceiving the same, or if either Party may request that the matter be submitted to nonbinding mediation. If party will not meet with the other Party agreesparty within ten (10) days after delivery of such response to the Disputing Party, then either party may refer the Dispute to the Judicial Arbitration & Mediation Services, Inc. ("JAMS") for mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.following procedures:
(i) The Party requesting the mediation, A party may commence the mediation process with AAA JAMS by notifying AAA JAMS and the other Party party in writing (“Mediation Notice”"MEDIATION NOTICE") of such Party’s party's desire that the dispute Dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will shall be conducted through, by and at the place designated on JAMS' office located closest to the Cover Sheet Property.
(iii) The mediation shall be conducted by a single mediator. The Parties parties may select any mutually acceptable member from the panel of retired judges at JAMS as a mediator. If the Parties parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s JAMS' Arbitration Administrator will shall send a list and resumes of three (3) available mediators to the Partiesparties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have parties has failed to respond to the AAA’s JAMS' Arbitration Administrator within five (5) days after of receiving the list or because one or both Parties parties have failed to strike a name from the list or because both Parties parties strike the same name, the AAA’s JAMS' Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable of, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 27.1(b)(iii), and such substitute substituted mediator will shall have all such powers as if he or she has had been originally appointed herein.
(iiiiv) The mediation will shall consist of one or more informal, nonbinding non-binding meetings between the Parties Representatives and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the disputeDispute, or the termination of the mediation process pursuant to this Section. Section 27.1(b)(vii).
(v) The costs of the mediation, including fees and expenses, will shall be borne equally by the Partiesparties.
(ivvi) All verbal and written communications between the Parties parties and issued or prepared in connection with this Section will 27.1(b) shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation arbitration or other proceedings for the resolution of the disputeDispute.
(vvii) The initial mediation conference meeting between the Parties Representatives and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party party may terminate the mediation process and commence the arbitration procedures described in Section 27.1(c) below upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (B) the passage of 45 thirty (30) days after from the date of the Mediation Notice without the dispute Dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 10.2. Any such mediation shall be conducted held in Los Angeles, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 10.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in Los Angeles, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 10.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 10.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.10.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. /s/ CPHP MANAGER’S INITIALS CPHP’S INITIALS
Appears in 1 contract
Samples: Development Management Agreement (Five Point Holdings, LLC)
Mediation. If If, on completion of this period of 5 (five) calendar days, the OP3FT notes that the Operator has still not complied with all of its contractual obligations, or has not submitted the required proof, then the following provisions shall apply: • if the OP3FT considers that the failure does not affect an essential or critical aspect of the func- tioning of the Frogans Core Registry with regards to Internet users: • if the OP3FT considers that the failure affects an essential or critical aspect of the functioning of the Frogans Core Registry with regards to Internet users: – the Parties agree to submit the dispute is not resolved within 30 days after arising from the referral contractual failure to a mediator of the Centre de Médiation et d’Arbitrage de Paris (Center for Mediation and Arbitration of Paris), hereafter the Center for Mediation, in order to reach an optimal negotiated solution, respecting the procedure described below, and of a duration not exceeding 6 (six) weeks: ■ the dispute shall be referred to senior executivesthe Center for Mediation by simple request from the most diligent party, or if no meeting of senior executives has taken place within 15 days after such referral■ the Center for Mediation shall submit, either Party may request that for the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) approval of the American Arbitration Association (Parties, one or several mediators given on its list, depending on the “AAA”), as amended scale and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy complexity of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediatordispute. If the Parties cando not agree on a mediator within five days after the date of the Mediation Noticewith this proposal, then it is agreed in advance that the AAA’s Administrator will send a list Center for Mediation itself shall choose the mediator(s), with the Parties waiving all option of recourse against this designation, ■ the Parties agree to abide by the mediation procedure which shall be decided by the designated mediator(s), ■ the Parties undertake to participate in the various meetings organized by the mediator(s) and resumes to diligently reply to all attendance notices and all requests emanating from the mediator(s), ■ in general, the Parties undertake to participate in good faith in the mediation procedure. They undertake to respect the confidentiality associated with the execution of three available mediators to this procedure, as well as all related statements, actions, documents, etc., ■ the Partiesagreement signed between the Parties on completion of mediation can be submitted, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because on request thereto from one or both Parties have failed Parties, to respond judicial approval in order to give the agreement the authority of res judicata, ■ the remuneration of the mediator(s), as well as any costs incurred in relation to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will mission shall be borne equally by the Parties.
(iv) All verbal and written communications , unless they reach a preferable agreement between the Parties and issued or prepared themselves. to initiate legal proceedings in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings order to obtain remedy for the resolution of the disputeprejudice suffered.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 10.2. Any such mediation shall be conducted held in San Francisco, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 10.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in San Francisco, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 10.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 10.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.10.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. MANAGER’S INITIALS LENNAR CONCORD’S INITIALS
Appears in 1 contract
Samples: Development Management Agreement (Five Point Holdings, LLC)
Mediation. If In the event a dispute is not resolved within 30 days after between the referral Parties arises out of any of the dispute to senior executivesterms, provisions, or if no meeting conditions of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agreesthis Agreement, the Parties agree to participate in at least four (4) hours of mediation will as a condition to filing any judicial reference action with respect to such dispute under Section 10.2. Any such mediation shall be conducted held in San Francisco, California, before a mediator selected by the Parties in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures this Section 10.1. The mediation shall be commenced by either Party making a written demand for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) of such Party’s desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of to the other Party’s written agreement to . Within five (5) Business Days after such mediation.
(ii) The mediation will be conducted at demand is made, the place designated on the Cover Sheet by Parties shall mutually select a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot are unable to agree on a mediator within five such period, either Party may thereafter request that the administrator of JAMS in San Francisco, California select an independent mediator, which selection shall be binding on the Parties. The Parties shall cooperate with JAMS and with one another in scheduling the mediation proceedings as quickly as feasible and, in any event, any such mediation shall occur within thirty (30) days after the date of any written demand for mediation is delivered in accordance with this Section 10.1. The Parties shall equally share the costs of the mediation. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled from the date of the demand for mediation until fifteen (15) days after the date of the Mediation Noticelast mediation session. The Parties shall take such action, then if any, required to effectuate such tolling. Sections 1119 through 1128 of the AAA’s Administrator will send a list and resumes of three available mediators California Evidence Code shall apply to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediatormediation. If more than one name remainsa Party fails to cooperate to commence and/or participate in a mediation session, either because one or both Parties have failed to respond to then, notwithstanding the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same nameforegoing, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable other Party shall be free to serve or proceed with the mediation, file a substitute mediator will be appointed judicial reference action in accordance with the selection procedure described above, and such substitute mediator will have all such powers as Section 10.2 even if he or she no mediation session has been originally appointed herein.
(iii) The mediation will consist of taken place. If notwithstanding participation in one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without sessions the dispute having been is not resolved, or (C) such time as the mediator makes then either Party shall be free to file a finding that there is no possibility of resolution through mediation.
(vi) All deadlines judicial reference action in this accordance with Section may be extended by mutual agreement.10.2. BY PLACING THEIR INITIALS HERE, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THEY HAVE READ THE FOREGOING MEDIATION PROVISION AND AGREE TO BE BOUND THEREBY. /s/ BPS MANAGER’S INITIALS BPS’ INITIALS
Appears in 1 contract
Samples: Development Management Agreement (Five Point Holdings, LLC)
Mediation. (a) If the dispute is Representatives cannot resolved resolve the Dispute through negotiation within 30 days after such thirty (30) day period, then the referral of the dispute Dispute shall be referred to senior executives, or if no meeting of senior executives has taken place within 15 days after Mediation.
(b) In such referralevent, either Party may request that the matter shall be submitted entitled to nonbinding mediation. If provide the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing a written notice (“Mediation Notice”) of such Party’s desire that specifying:
(i) the dispute be resolved through mediationsubject matters remaining in Dispute, including therewith a copy and the details of the matters in Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement that are to such mediation.be mediated; and
(ii) The mediation will be conducted at the place designated on nomination of an individual from the Cover Sheet by a single mediator. list of Approved Mediators to act as the Mediator.
(c) The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator shall, within five thirty (30) days after the date of the Mediation Notice, then jointly nominate or agree upon a Mediator from the AAA’s Administrator will send list of Approved Mediators (unless the Approved Mediators are unwilling or unable to accept the appointment, in which case the Parties may nominate or agree upon a Mediator from outside of the list and resumes of three available mediators Approve Mediators).
(d) Where a Mediator is appointed, the Parties shall submit in writing their Dispute to the PartiesMediator, each and afford to the Mediator access to all records, documents and information the Mediator may reasonably request. The Parties shall meet with the Mediator at such reasonable times as may be required and shall, through the intervention of whom will strike one namethe Mediator, negotiate in good faith to resolve their dispute. All proceedings involving a Mediator are agreed to be without prejudice, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution cost of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will Mediator shall be borne shared equally by between the Parties.
(ive) All verbal and written communications between In the event that
(i) the Parties and issued or prepared in connection do not agree on the appointment of a Mediator with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence thirty (whether as admission or otherwise30) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, ;
(Bii) the passage of 45 Mediation is not completed within thirty (30) days after the appointment of the Mediator; or
(iii) the Dispute has not been resolved within sixty (60) days from the date of receipt of the Dispute Notice; either Party may by notice to the other withdraw from the Mediation Notice without process and in such event the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediationDispute shall be deemed to have failed to be resolved by Mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Franchise Agreement
Mediation. (a) If the dispute is Representatives cannot resolved resolve the Dispute through negotiation within 30 days after the referral of the dispute to senior executivesthirty (30) day period provided for in Section 4 above, or if no meeting of senior executives has taken place within 15 days after such referral, then either Party may request that the matter be submitted to nonbinding mediation. If within ten (10) days following such thirty (30) day period (but not thereafter) provide the other Party agrees, the mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing a Notice (“Mediation Notice”) of such Party’s desire that specifying:
(i) the dispute be resolved through mediationsubject matters remaining in Dispute, including therewith a copy and the details of the matters in Dispute Notice and the response thereto, if any, and a copy of the other Party’s written agreement that are to such mediation.be mediated; and
(ii) The mediation will be conducted at the place designated on nomination of an individual from the Cover Sheet by a single mediator. list of Approved Mediators to act as the Mediator.
(b) The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator shall, within five thirty (30) days after the date of the Mediation Notice, then jointly nominate or agree upon a Mediator from the AAA’s Administrator will send list of Approved Mediators (unless the Approved Mediators are unwilling or unable to accept the appointment, in which case the Parties may jointly nominate or agree upon a Mediator from outside of the list and resumes of three available mediators Approve Mediators).
(c) Where a Mediator is appointed, the Parties shall submit in writing their Dispute to the PartiesMediator, each and afford to the Mediator access to all records, documents and information the Mediator may reasonably request. The Parties shall meet with the Mediator at such reasonable times as may be required and shall, through the intervention of whom will strike one namethe Mediator, negotiate in good faith to resolve their Dispute. All proceedings involving a Mediator are agreed to be without prejudice, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution cost of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will Mediator shall be borne shared equally by between the Parties.
(ivd) All verbal and written communications between In the event that:
(i) the Parties and issued do not jointly nominate or prepared in connection agree on the appointment of a Mediator with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence thirty (whether as admission or otherwise30) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, ;
(Bii) the passage of 45 Mediation is not completed within thirty (30) days after the appointment of the Mediator; or
(iii) the Dispute has not been resolved within sixty (60) days from the date of receipt of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.Notice;
Appears in 1 contract
Samples: Wastewater Service Agreement
Mediation. If the dispute is not resolved within 30 days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “"AAA”"), as amended and effective on July 1, 2003 (the “AAA Rules”"Mediation Procedures"), notwithstanding any dollar Dollar amounts or dollar Dollar limitations contained therein.
(ia) The Party requesting the mediation, mediation may commence the mediation process with AAA by notifying AAA and the other Party in writing (“"Mediation Notice”") of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on office of AAA located in Portland, Oregon. 26 ***Confidential information has been omitted and filed separately with the Cover Sheet Securities and Exchange Commission pursuant to a confidential treatment request.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s 's Arbitration Administrator will shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both the other Parties have failed to respond to the AAA’s 's Arbitration Administrator within five days after receiving the list or because one or both the other Parties have failed to strike a name from the list or because both all Parties strike the same name, the AAA’s 's Arbitration Administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 21.2(c), and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Disputedispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 21.2(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 21.2 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 20 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference meeting to occur within 25 20 days after the date of the Mediation Notice, (B) the passage of 45 30 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vig) All deadlines specified in this Section 21.2 may be extended by mutual agreement.
Appears in 1 contract
Samples: Scheduling and Asset Optimization Services Agreement (MMC Energy, Inc.)
Mediation. If the dispute is not resolved within 30 thirty (30) days after the referral of the dispute to senior executives, or if no meeting of senior executives has taken place within 15 fifteen (15) days after such referral, either Party may request that the matter be submitted to nonbinding mediation. If the other Party agrees, the mediation will be conducted in accordance with the Commercial Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Construction Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 the date a Party requests mediation (the “AAA Rules”"Mediation Procedures), notwithstanding any dollar amounts or dollar limitations contained therein.
(ia) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“"Mediation Notice”") of such Party’s 's desire that the dispute be resolved through mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of the other Party’s 's written agreement to such mediation.
(iib) The mediation will shall be conducted through, by and at the place designated on the Cover Sheet office of AAA located in Salt Lake City, Utah.
(c) The mediation shall be conducted by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five (5) days after the date of the Mediation Notice, then the AAA’s Administrator will 's arbitration administrator shall send a list and resumes of three available mediators to the Parties, each of whom will shall strike one name, and the remaining person will shall be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator 's arbitration administrator within five (5) days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator 's arbitration administrator will choose the mediator from the remaining names within five daysnames. If the designated mediator diesshall die, becomes incapablebecome incapable or, unwillingunwilling to, or unable to serve or proceed with the mediation, a substitute mediator will shall be appointed in accordance with the selection procedure described aboveabove in this Section 24.2.1, and such substitute mediator will shall have all such powers as if he or she has been originally appointed herein.
(iiid) The mediation will shall consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will shall continue until the resolution of the dispute, or the termination of the mediation process pursuant to this SectionSection 24.2.1(f). The costs of the mediation, including fees and expenses, will shall be borne equally by the Parties.
(ive) All verbal and written communications between the Parties and issued or prepared in connection with this Section will 0 shall be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will shall be exempt from discovery and production, and will shall not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(vf) The initial mediation conference meeting between the Parties and the mediator, which may be held by telephone, will mediator shall be held within 25 twenty (20) days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (Ai) the failure of the initial mediation conference meeting to occur within 25 twenty (20) days after the date of the Mediation Notice, (Bii) the passage of 45 thirty (30) days after the date of the Mediation Notice without the dispute having been resolved, or (Ciii) such time as the mediator makes a finding that there is no possibility of resolution through mediation. mutual agreement.
(vih) All deadlines specified in this Section 24.2.1 may be extended by mutual agreementAny resolution made between the Parties pursuant to this Section 24.2.1 may be enforced by a Party in a court of competent jurisdiction in accordance with Section 24.3.
Appears in 1 contract
Samples: Power Purchase Agreement
Mediation. If Each party hereto (each, a “Claiming Party”) shall as a condition precedent to the dispute is not resolved within 30 days after bringing of any litigation action, suit or proceeding to settle any disputes between the referral parties hereto, or to resolve any claim or controversy arising out of, or related to this Agreement or any of the dispute to senior executivesAncillary Agreements or the making, performance, or if no meeting interpretation thereof, or to enforce any rights hereunder or under any Ancillary Agreement, or to assert a claim for damages in connection herewith or in connection with any Ancillary Agreements (collectively, an “Action”), will give each other party hereto (each, a “Non-Claiming Party”) ten days prior written notice (a “Pre-Action Notice”) of senior executives has taken place within 15 days after its intent to bring such referralan Action, either and to be effective such Pre-Action Notice must specifically describe the claim in detail. Upon receipt of a Pre-Action Notice, any Non-Claiming Party may request that elect to require mediation as provided herein (which election shall be made by written notice given by such Non-Claiming Party to the matter be submitted to nonbinding mediationother parties hereto within ten (10) days of its receipt of the Pre-Action Notice). If the other a Non-Claiming Party agreestimely requires mediation, the parties hereto agree to submit to non-binding mediation will in New York County, New York, with such mediation to be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) laws of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”) State of such New York. A Claiming Party’s desire that failure to give a proper and complete Pre-Action Notice required by this Section 10.13(a) shall be grounds for the dispute be resolved through staying of any such Action pending submission of a proper and complete Pre-Action Notice by the Claiming Party to the Non-Claiming Party and pending the completion of any mediation, including therewith a copy of the Dispute Notice and the response thereto, if any, and a copy of required by the other Party’s written agreement to such mediation.
(ii) The mediation will be conducted at the place designated on the Cover Sheet by a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five days after the date of the Mediation Notice, then the AAA’s Administrator will send a list and resumes of three available mediators to the Parties, each of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process Non-Claiming Party pursuant to this Section. The costs provisions of this Section 10.13(a) do not apply to Actions seeking injunctive relief, but only to the extent of the mediation, including fees and expenses, injunctive relief sought. Each party will be borne equally by the Parties.
(iv) All verbal responsible for its own costs and written communications between the Parties and issued or prepared expenses incurred in connection with this Section any mediation proceeding; provided, however, the Sellers and the Purchaser will be deemed prepared equally share the responsibility for paying the costs and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution fees of the disputemediator.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cash America International Inc)
Mediation. If the dispute is not resolved Parties are unable to resolve an alleged Infringement Claim pursuant to Section 5.3 within 30 ninety (90) days after a Party receives the referral of the dispute to senior executivesapplicable Infringement Claim Notice, or if no meeting of senior executives has taken place within 15 days after such referral, then either Party may request that submit the matter be submitted to nonbinding mediation. If mediation by giving the other Party agrees, the written notice demanding mediation will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes) of the American Arbitration Association (the “AAA”), as amended and effective on July 1, 2003 (the “AAA Rules”), notwithstanding any dollar amounts or dollar limitations contained therein.
(i) The Party requesting the mediation, may commence the mediation process with AAA by notifying AAA and the other Party in writing (“Mediation Notice”). Unless otherwise agreed upon by the Parties in writing, the following shall apply to any mediation under this Section 5.4:
(a) of such Party’s desire that the dispute mediation shall be resolved through mediation, including therewith a copy of conducted under the Dispute Notice and the response thereto, if anysupervision of, and in accordance with, the mediation rules of JAMS;
(b) the Parties shall use their diligent efforts to agree upon a copy of mutually acceptable mediator within twenty (20) days after a Party receives a Mediation Notice from the other Party’s written agreement to such mediation.;
(iic) The mediation will be conducted at if the place designated on the Cover Sheet by Parties are unable to agree upon a single mediator. The Parties may select any mutually acceptable mediator. If the Parties cannot agree on a mediator within five twenty (20) days after the date of the a Party receives such Mediation Notice, then the AAA’s Administrator will send either Party may request JAMS to supply a list of potential mediators, in which event the Parties shall independently rank the potential mediators, simultaneously exchange rankings, and resumes select as the mediator the individual receiving the highest combined ranking;
(d) the mediator shall be impartial in fact and in appearance, not an advocate of three available mediators either Party, and shall not have any (i) direct or indirect financial or personal interest in the outcome of the mediation or (ii) any past, present, or anticipated financial, business, professional, family, social, or other relationship which is likely to affect impartiality or which might reasonably create the appearance of partiality or bias;
(e) the mediator shall be a retired federal judge with experience in patent infringement cases;
(f) any meetings or sessions with the mediator shall be held at the JAMS office in San Francisco, California; and
(g) the cost of JAMS, the mediator, and meeting rooms for the mediation shall be divided equally between the Parties, and each Party shall bear its own costs of whom will strike one name, and the remaining person will be appointed as the mediator. If more than one name remains, either because one or both Parties have failed to respond to the AAA’s Administrator within five days after receiving the list or because one or both Parties have failed to strike a name from the list or because both Parties strike the same name, the AAA’s Administrator will choose the mediator from the remaining names within five days. If the designated mediator dies, becomes incapable, unwilling, or unable to serve or proceed with participating in the mediation, a substitute mediator will be appointed in accordance with the selection procedure described above, and such substitute mediator will have all such powers as if he or she has been originally appointed herein.
(iii) The mediation will consist of one or more informal, nonbinding meetings between the Parties and the mediator, jointly and in separate caucuses, out of which the mediator will seek to guide the Parties to a resolution of the Dispute. The mediation process will continue until the resolution of the dispute, or the termination of the mediation process pursuant to this Section. The costs of the mediation, including fees and expenses, will be borne equally by the Parties.
(iv) All verbal and written communications between the Parties and issued or prepared in connection with this Section will be deemed prepared and communicated in furtherance, and in the context, of dispute settlement, and will be exempt from discovery and production, and will not be admissible in evidence (whether as admission or otherwise) in any litigation or other proceedings for the resolution of the dispute.
(v) The initial mediation conference between the Parties and the mediator, which may be held by telephone, will be held within 25 days after the Mediation Notice. Either Party may terminate the mediation process upon or after the earlier to occur of (A) the failure of the initial mediation conference to occur within 25 days after the date of the Mediation Notice, (B) the passage of 45 days after the date of the Mediation Notice without the dispute having been resolved, or (C) such time as the mediator makes a finding that there is no possibility of resolution through mediation.
(vi) All deadlines in this Section may be extended by mutual agreement.
Appears in 1 contract
Samples: Settlement Agreement (Semitool Inc)
