Common use of MODELDOCUMEN Clause in Contracts

MODELDOCUMEN. If the claim, controversy or dispute is not settled within ten (10) business days after the first day of mediation (or such longer time agreed to by both parties), either party may initiate litigation in the United States District Court for the District of New Jersey that covers Mercer County, or in the Superior Court of the State of New Jersey for Mercer County, and Contractor may not initiate litigation in any other forum; however, neither party may initiate litigation against the other without first utilizing the process set forth in this Clause H4 except for seeking a temporary restraining order and/or a preliminary injunction. To the extent permitted by law, the parties agree that any statute of limitations applicable to any claim, controversy, or dispute shall be tolled from the date that such notice is sent under subparagraph (b) above until the first day upon which the parties are permitted to initiate litigation, as set forth in subparagraph (f) below.

Appears in 2 contracts

Samples: Preconstruction Services Agreement, Basic Ordering Agreement

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MODELDOCUMEN. If the claim, controversy or dispute is not settled within ten (10) business days after the first day of mediation (or such longer time agreed to by both parties), either party may initiate litigation in the United States District Court for the District of New Jersey that covers Mercer County, or in the Superior Court of the State of New Jersey for Mercer County, and Professional Services Contractor may not initiate litigation in any other forum; however, neither party may initiate litigation against the other without first utilizing the process set forth in this Clause H4 Article XVII except for seeking a temporary restraining order and/or a preliminary injunction. To the extent permitted by law, the parties agree that any statute of limitations applicable to any claim, controversy, controversy or dispute shall be tolled from the date that such notice is sent under subparagraph (b) above until the first day upon which the parties are permitted to initiate litigation, litigation as set forth in this subparagraph (f) belowc).

Appears in 1 contract

Samples: Professional Services

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MODELDOCUMEN. If the claim, controversy or dispute is not settled within ten (10) business days after the first day of mediation (or such longer time agreed to by both parties), either party may initiate litigation in the United States District Court for the District of New Jersey that covers Mercer Xxxxxx County, or in the Superior Court of the State of New Jersey for Mercer Xxxxxx County, and Contractor may not initiate litigation in any other forum; however, neither party may initiate litigation against the other without first utilizing the process set forth in this Clause H4 except for seeking a temporary restraining order and/or a preliminary injunction. To the extent permitted by law, the parties agree that any statute of limitations applicable to any claim, controversy, or dispute shall be tolled from the date that such notice is sent under subparagraph (b) above until the first day upon which the parties are permitted to initiate litigation, as set forth in subparagraph (f) below.

Appears in 1 contract

Samples: Preconstruction Services Agreement

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