NEGOTIATION, MEDIATION, ARBITRATION Sample Clauses

NEGOTIATION, MEDIATION, ARBITRATION. In the event of any dispute, claim, question or disagreement (collectively, a “Dispute”) arising from or relating to this Agreement or the breach thereof, the parties shall use their best efforts to settle the Dispute through consulting and negotiating with each other in good faith and attempting to reach a just and equitable resolution satisfactory to both parties. If the parties do not obtain such resolution within a period of 30 days from the date on which either party invokes this provision through written notice to the other, then, upon written notice from one party to the other, the parties shall attempt in good faith to settle the Dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration, litigation or other dispute resolution procedure. If the parties are unable to resolve the Dispute through mediation within 60 days from the date either party invokes this provision, then such Dispute shall be settled as soon as practicable by arbitration administered by the AAA in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), who shall have the power to enter equitable judgments, including, but not limited to, specific performance, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

NEGOTIATION, MEDIATION, ARBITRATION. 10.1.1 In the event of a dispute between two or more Parties as to the proper interpretation of this Agreement, or an issue arising out of the Agreement, the Parties agree to meet to pursue resolution through negotiation, mediation or arbitration in accordance with this Article and Schedule 6. 10.1.2 All information exchanged during this meeting or any subsequent dispute resolution procedure, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the Parties and their representatives, unless otherwise required by law. 10.1.3 If a dispute relating to this Agreement arises and the Parties do not resolve some or all of the dispute through discussions then: (a) Written notice, containing a request to negotiate, shall be given by either party to the other(s). This notice shall be given promptly in order to prevent further damages resulting from delay and shall specify the issues in dispute. (b) Negotiations shall occur between representatives of the Parties. (c) If the representatives do not resolve some or all of the issues in dispute within 90 days after notice has been given, then the Parties agree to attempt to resolve the dispute through mediation, in accordance with the Terms of Mediation set out in Part A of Schedule 6 to this Agreement. (d) If the Parties do not resolve all of the issues in dispute through mediation, then within 90 days from the date of the mediator’s report, the Parties shall submit those issues to binding arbitration pursuant to the Commercial Arbitration Act and Commercial Arbitration Code annexed thereto (R.S.C. 1985, C-17 (2nd Supp.) as am.); and, (e) The Parties agree to the specific Terms of Arbitration as set forth in Part B of Schedule 6, to this Agreement. 10.1.4 The Parties agree that the representatives selected to participate in the dispute resolution process will have the authority required to settle the dispute or will have a rapid means of obtaining the requisite authorization.

NEGOTIATION, MEDIATION, ARBITRATION. (a) Promptly following the date hereof, each party shall distribute to the other a list (as supplemented and amended, the “Executive List”) setting forth by name and title the senior executives with the requisite authority to resolve any Dispute that should arise with respect to each of this Agreement and the Ancillary Agreements (other than the Tax Matters Agreement), and his or her contact information. Each party may supplement and amend the Executive List from time to time by providing written notice to the other party. The parties shall attempt in good faith to resolve in the normal course of business any Dispute promptly by negotiation between senior executives set forth on the Executive List. Any party may give the other party written notice of any Dispute not resolved in the normal course of business (a “Dispute Notice”). Within fifteen (15) days after delivery of such Dispute Notice, the receiving party shall submit to the other a written response to the Dispute. The Dispute Notice and response shall include (i) a written statement of that party’s position and a summary of facts, documents and arguments supporting that position and (ii) the identification of the executive and his or her title and any other persons that will accompany the executive to discuss and attempt to resolve the Dispute. Within thirty (30) days after delivery of the initial Dispute Notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. (b) If a Dispute has not been resolved by negotiation as provided in Section 7.2(a) above within forty-five (45) days after delivery of the initial Dispute Notice requesting negotiation, or if the parties failed to meet within thirty (30) days after delivery of the initial Dispute Notice, the parties shall endeavor to settle the Dispute by nonbinding mediation in accordance with the CPR Institute for Dispute Resolution (“CPR”) Mediation Procedure then currently in effect; provided, however, that if one party fails to participate in the negotiation as provided in this Section 7.2(a) above, the other party can initiate mediation prior to the expiration of the forty-fiv...

NEGOTIATION, MEDIATION, ARBITRATION. Except for settlement of the Closing Statements as provided for in Part 3, any dispute between the Parties in connection with this Agreement: (a) will first be attempted to be resolved by the Parties through good faith negotiations and in connection therewith, any Party may request in writing that the other Party or Parties meet and commence such negotiations within a reasonable period of time (in no event later than seven (7) days) after such request; (b) if within seven (7) days after commencement of negotiations under Section 7.1(a) above the Parties cannot come to agreement, the Parties will attempt to resolve the dispute by mediated negotiation and will use best efforts to agree on the choice of mediator within seven (7) days of a request for mediation by one Party to the others; (c) if the matter cannot be resolved by mediation within fourteen (14) days of appointment of a mediator, or if the Parties cannot agree on a mediator within seven (7) days of a request of a Party to appoint a mediator, the matter will be referred to arbitration in accordance with the provisions set out below; (d) any dispute between the Parties which cannot be settled by negotiation or mediation will be determined by arbitration in accordance with the Commercial Arbitration Act (British Columbia) and arbitration will be the exclusive method for final resolution of such dispute; (e) there will be a single arbitrator who will be disinterested in the dispute or controversy and will be impartial with respect to all Parties hereto. If the Parties cannot agree on an arbitrator within seven (7) days of the dispute going to arbitration pursuant to Section 7.1(c) above, the appointment will be according to the Commercial Arbitration Act (British Columbia); (f) the determination of the arbitrator will be final and binding on the Parties; (g) each Party will bear its own costs in any such arbitration, provided that, if the arbitrator finds that any Party will have acted unreasonably he may, in his discretion, award costs against such Party; (h) the arbitrator will have the discretionary authority to grant injunctive relief and specific performance as may be requested by a Party; (i) any order of an arbitrator may be entered with a Court of competent jurisdiction for the purposes of enforcement; (j) the place of arbitration will be Vancouver; (k) the arbitrator will give effect insofar as possible to the desire of the Parties hereto that the dispute or controversy be resolved in accorda...

NEGOTIATION, MEDIATION, ARBITRATION. Any dispute arising out of, or relating to, this Agreement shall be exclusively settled in the Tokyo District Court of Japan with respect to all controversies arising from the interpretation and performance with this Agreement.

NEGOTIATION, MEDIATION, ARBITRATION. 7.1.1 Any dispute or disagreement of any kind whatsoever arising out of the Contract or Work shall not be ground for delay in the completion of the Work but shall be referred by either party in writing to the Consultant, not later then 15 working days after that party becomes aware of the circumstances giving rise to such dispute or disagreement. The Consultant will not settle a claim with respect to any dispute until such time as the party has submitted a single written claim, containing a concise statement of the relevant facts including the extent and value of the claim and any impact in the Contract Time. 7.1.2 The claim shall be settled by the Consultant who shall communicate his decision in writing to both parties, and the Contractor shall proceed with the Work with all due diligence in accordance with the Consultant’s decision whether or not the claim may be referred to mediation or arbitration as hereinafter provided. 7.1.3 If a party disputes the Consultant's decision, that party shall give written notice of such dispute to the Consultant no later then 15 working days after the receipt of its decision. Such notice shall set forth particulars of the matters in dispute, the probable extent and value of the dispute, the impact on the Contract Time and the relevant provisions of the Contract. The Consultant shall reply to such notice no later then 15 working days after he receives the Contractor’s submission, setting out in such reply his grounds and other relevant provisions of the Contract. 7.1.4 If the matter in dispute is not resolved promptly, the Consultant will give such instructions as in his opinion are necessary for the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties shall act immediately according to such instructions, without prejudice to any claim they may have. 7.1.5 No act by either party shall be construed as a renunciation or waiver of any rights or recourse, provided that party has given the notices required by the Contract Documents and has carried out the instructions of the Consultant as provided above. 7.1.6 The parties may agree to utilize the services of an independent third party mediator or expert who shall be mutually agreed upon by the parties. The mediator or expert shall be knowledgeable of the issues related to the dispute. The mediator or expert shall meet with the parties together and separately, as necessary. The mediator or expert shall provide, without prejudice, a...

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