Minor Disputes Sample Clauses

Minor Disputes. ‌ If the amount in dispute is less than or equal to $100,000 and the dispute cannot be resolved by negotiation, the dispute will be settled by the final and binding decision of an expert appointed by agreement between the parties, or failing agreement appointed by the Chairperson of the Institute of Arbitrators and Mediators, Australia. The cost of the expert will be shared equally by the parties.
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Minor Disputes. Any dispute arising under this Agreement and the Operative Agreements which involves a claim for the payment of money is an amount not in excess of US $500,000 shall be referred in the first instance by written notice to a committee consisting of an equal number of members to be appointed by the Chief Executive Officer of each of True North and Communication. If such dispute is not resolved by such committee within thirty days, the dispute may be referred by either party to the Chief Executive Officers or Chief Operating Officers of True North and Communication. Disputes which are not resolved within thirty days after giving notice to the Chief Executive or Chief Operating Officers shall be settled in accordance with Section 3.4.1 through 3.4.10 hereof.
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Minor Disputes. If the amount in controversy is less than or equal to $500,000 then the parties shall, within thirty (30) days after the date of the Demand for Arbitration, select, by mutual agreement, a single arbitrator to hear and determine the dispute. In the event that the parties cannot agree upon the selection of a single arbitrator, the parties agree that the American Arbitration Association (“AAA”) located in Pittsburgh, Pennsylvania will select an independent Commercial Litigation Attorney to serve as arbitrator. The term “Commercial Litigation Attorney” shall mean a neutral and impartial lawyer with excellent academic and professional credentials (i) who is or has been practicing law for at least twenty (20) years, specializing in commercial litigation and (ii) who has had experience, and is generally available to serve, as an arbitrator. The arbitrator shall decide the dispute or controversy in accordance with the following procedures:
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Minor Disputes. The term “Minor Disputes” means any disputes between the Parties besides Major Disputes.
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Minor Disputes. ‌ In case of a dispute of which the value to each of the Parties does not exceed 5 % of the delivery payment plus the fees for maintenance and Operation, if applicable, the dispute will be settled by arbitration according to “Rules of Simplified Arbitration Procedure of Danish Arbitration". For the purpose of calculating the fees for maintenance and Opera- tion, if applicable, an amount will be assessed for four years from the Acceptance Date. The arbitral tribunal will be appointed by Danish Arbitration in accordance with the "Rules on Simplified Arbitration Procedure of Danish Arbitration". The arbitrator will be ap- pointed by Danish Arbitration (“Det Danske Voldgiftsinstitut”). On or before the date of expiry of the time limit for the submission of the respondent’s statement of defence, the Parties may jointly propose a person to be appointed arbitrator. The place of arbitration shall be the municipality in which the Customer is registered.
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Related to Minor Disputes

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Other Disputes Any other dispute (a “Dispute Item”) shall be resolved in accordance with the following provisions of this Article 7.

  • Governing Law; Disputes In view of the fact that: (i) it is contemplated that the Service Providers and the Company shall reside in different states and countries; and (ii) because Xxxxx & Fraade, P.C.’s (“M&F”) offices are located in the State of New York the work performed in drafting this Agreement occurred in the State of New York, the parties agree that this Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Moreover, the parties agree that pursuant to Section 5-1401 of the General Obligations Law of New York, if applicable, this Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Except as otherwise provided in Article “20” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “23” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen percent (15%) or more. For example, if the party initiating arbitration (“A”) seeks an award of $100,000 plus costs and expenses, the other party (“B”) has offered A $50,000 in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than $57,500 to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

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