Method of Dispute Resolution. In the event of any dispute arising from the construction and performance of this Agreement, the Parties shall first resolve such dispute through friendly negotiation. If the Parties fail to reach an agreement in resolving such dispute within 30 days after any Party’s request to the other Parties for resolution of the dispute through negotiation, any Party may submit the relevant dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with its arbitration rules then in effect. The arbitration shall be conducted in Beijing, and the language to be used in the arbitration shall be Chinese. The arbitration award shall be final and be binding on all Parties.
Method of Dispute Resolution. In the event of a dispute arising from this contract, both parties shall resolve it through negotiation; if negotiation fails, either party has the right to submit the dispute to the People's Court at the lender's domicile for resolution through litigation.
Method of Dispute Resolution. Any dispute that may arise during the performance of this Agreement shall be settled through amicable negotiations by all parties involved. Where the negotiation fails, either party may submit the dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with the prevailing arbitration rules of such arbitration institution. The place of arbitration is Beijing, the arbitration language is Chinese, and the arbitral award is final and binding on all parties. Except for the part that is being submitted to arbitration, the rest of this Agreement shall remain in force. The validity of this Article is not subject to the impact from the change, cancellation or termination of this Agreement.
Method of Dispute Resolution. For any Claim subject to, but not resolved by mediation pursuant to this Article 12, the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.
Method of Dispute Resolution. In the event that there arises any disagreement or dispute between the Parties that cannot be amicably resolved and which relates to the interpretation, enforcement, or violation of the terms of this Agreement, such matters will be resolved in a United States District Court in the Central District of California. If no such jurisdiction exists, then any such dispute will be resolved in a state court located in the geographic region of the Central District of California.
Method of Dispute Resolution. Seller and Buyer will enter into a customary engagement agreement with the Accounting Firm and agree to cooperate in good faith with the Accounting Firm during the term of its engagement. Seller and Buyer shall jointly instruct the Accounting Firm that it: (i) shall review only the unresolved disputed items contained in the Dispute Notice; (ii) shall make its determination based solely upon the written submissions of Seller and Buyer (i.e., not by independent review), and the terms and conditions of this Agreement, including the definitions set forth herein; (iii) shall render its decision within thirty (30) days after the tender of the written submissions of Seller and Buyer (described in further detail below) to the Accounting Firm for a decision pursuant hereto; and (iv) shall not assign a value to any item greater than the greatest value for such item claimed by either Party or less than the smallest value for such item claimed by either Party. As promptly as practicable following the Accounting Firm’s engagement (the timeline for which shall be agreed to by Buyer and Seller or, if Buyer and Seller cannot reach agreement on such timeline, set by the Accounting Firm), Buyer and Seller shall each prepare and submit simultaneously a written presentation to the Accounting Firm. Following the delivery of the written presentations, Buyer and Seller may each submit a response to the other Party’s presentation (again, on a timeline to be agreed to by Buyer and Seller or, if Buyer and Seller cannot reach agreement on such timeline, set by the Accounting Firm). Neither Buyer nor Seller may take a position in any written presentation or response that is more adverse to the other Party than the position taken in the Final Closing Date Statement (with respect to Buyer) or the Dispute Notice (with respect to Seller). As soon as practicable thereafter, the Accounting Firm shall choose one of the Parties’ positions for each disputed item based solely on their respective presentations. Neither Seller nor Buyer (and none of their respective representatives) shall have any ex parte conversation(s) or meeting(s) with the Accounting Firm without the prior consent of (x) with respect to Seller, Buyer and (y) with respect to Buyer, Seller. The fees, costs and expenses of the Accounting Firm shall be allocated to and borne by Buyer, on the one hand, and Seller, on the other hand, based on the inverse of the percentage that the Accounting Firm’s determination (before such allo...
Method of Dispute Resolution. Except where provisional relief is requested the parties agree that any controversy or dispute arising from or in connection with this Agreement, its interpretation, performance or termination, shall, upon demand of a party, be submitted to and resolved by binding arbitration. The arbitration shall be conducted pursuant to Part 3, Title 9 of the California Code of Civil Procedure (Sections 1280-1288.
Method of Dispute Resolution. Motor Carrier shall advise Provider in writing of any disputed items on Provider's invoices within 30 days of the receipt of such invoice(s). Provider will undertake to reconcile such disputed items within sixty (60) days of receipt of Motor Carrier's notice and will either provide verification for the charges as invoiced or will issue a credit to Motor Carrier's account for any amount not properly invoiced. Such disputes do not constitute valid grounds for withholding or delaying payments of undisputed charges as required by the Terms of this Agreement. In the event that charges which have been verified by the Provider are again rejected and disputed by Motor Carrier for whatever reasons, Provider reserves its rights and remedies under the law to compel payment of such charges. In the event any disputed items involve Eagle Credits (I.E. above) it will not be the Provider's obligation to supply reports detailing all such Eagle Credits as earned to the Motor Carrier by invoice. UIIA MC, ) ) Case Number: 20190509-1-IXXX-PD UIIA EP, ) Date of Decision: 10/30/2019 Respondent ) 1 UST000052 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 5/9/19 2 UST000057 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 3 UST000060 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 4 UST000130 6/25/2018 140 5/15/18 5/21/18 5 6/25/2018 7/3/18 No response within the TF 5 UST000241 6/25/2018 190 5/9/18 5/15/18 5 6/25/2018 7/3/18 No response within the TF 6 UST000689 6/25/2018 140 5/4/18 5/9/18 4 6/25/2018 7/3/18 No response within the TF 7 UST001361 6/26/2018 140 5/17/18 5/23/18 5 6/26/2018 7/3/18 No response within the TF 8 UST001864 6/26/2018 140 6/15/18 6/21/18 5 6/26/2018 7/3/18 No response within the TF 9 UST002199 6/26/2018 190 6/5/18 6/11/18 5 6/26/2018 7/3/18 No response within the TF 10 UST011536 7/3/2018 190 6/21/18 6/26/18 4 7/3/2018 7/18/18 No response within the TF 48/61 XXX000000 6/25/2018 140 5/3/18 5/8/18 4 6/25/2018 7/3/18 No response within the TF 50 XXX000000 7/16/2018 140 7/3/18 7/9/18 5 7/16/2018 8/18/18 No response within the TF 57 UST024084 7/30/2018 140 7/17/18 7/23/18 5 7/30/2018 8/16/18 No response within the TF 12 XXX000000 8/27/2018 280 8/14/18 8/20/18 5 8/27/2018 8/28/18 No response within the TF 13 UST043059 9/11/2018 190 8/28/18 9/4/18 5 9/11/2018 9/25/18 No response within the TF 14 UST043215 9/11/2018 140 8/31/18 9/5/18 4 9/11/2018 9/25/18 No response within the TF 15 UST0...
Method of Dispute Resolution. Motor Carrier has thirty (30) days from the date of an invoice from Provider for Maintenance and Repair charges or Per Diem charges to dispute the invoice, or any portion thereof. All claims must be submitted in writing to Provider’s Dispute department at: <address, fax and email> and must be accompanied by supporting documents, such as gate receipts, service contract numbers, etc. Provider will undertake to reconcile disputed items within thirty (30) days from the date of the notice of dispute and will either provide verification of the charges as invoiced or credit Motor Carrier’s account for any amounts not properly invoiced. Any dispute as to specific invoice charges shall not relieve Motor Carrier from the obligation to pay undisputed charges, without delay or offset, as required by the terms of this Agreement. Provider reserves its rights and remedies under the Agreement, applicable law or other sources to compel and collect payment of unpaid charges. Provider reserves the right to use a designated third party billing vendor. Invoices received from Providers designated third party billing vendor shall be disputed directly with the third party vendor. The method of dispute resolution shall remain in accordance with the process outlined in the Addendum. If the Motor Carrier fails to pay any invoices due under the terms of this Agreement within the due date for payment, Provider may, in addition to its rights in this Agreement and with proper notification to the Motor Carrier in accordance with Section G.14.c. of the UIIA, suspend or deny Motor Carrier’s right to interchange any Provider Equipment until payment of outstanding amounts are received.
Method of Dispute Resolution. If the Parties do not reach such solution within a period of thirty (30) days after such meeting, or if the Parties fail to meet and thirty (30) days pass after the written notice of a claim is received, then, upon notice by either Party to the other, either Party may submit the dispute, claim, question, or disagreement to binding arbitration.
