Common use of Pre-Litigation Mediation Clause in Contracts

Pre-Litigation Mediation. Any claim, dispute or other matter in question arising out of or related to this Agreement (collectively, “Claim” or “Claims”) shall be subject to non-binding mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The parties shall share the mediator's fee and any filing fees equally, and the mediation shall be held in Texas. Agreements reached in mediation must be approved by the Board of Trustees and shall thereafter be enforceable as settlement agreements in any court having jurisdiction thereof. Mediation shall be conducted by a mediator selected jointly by the District and Vendor. Except for injunctive relief, neither party may commence litigation relating to any Claim arising under this Agreement without first submitting the Claim to mediation.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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Pre-Litigation Mediation. Any claim, dispute or other matter in question arising out of or related to this Agreement (collectively, “Claim” or “Claims”) shall be subject to non-binding mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The parties shall share the mediator's fee and any filing fees equally, and the mediation shall be held in Dallas, Texas. Agreements reached in mediation must be approved by the Board of Trustees and shall thereafter be enforceable as settlement agreements in any court having jurisdiction thereof. Mediation shall be conducted by a mediator selected jointly by the District and VendorProvider. Except for injunctive relief, neither party may commence litigation relating to any Claim arising under this Agreement without first submitting the Claim to mediation.

Appears in 2 contracts

Samples: Agreement for Teacher Services, Agreement for Teacher Services

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Pre-Litigation Mediation. Any claim, dispute or other matter in question arising out of or related to this Agreement (collectively, “Claim” or “Claims”) shall be subject to non-binding mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The parties shall share the mediator's fee and any filing fees equally, and the mediation shall be held in Dallas, Texas. Agreements reached in mediation must be approved by the Board of Trustees and shall thereafter be enforceable as settlement agreements in any court having jurisdiction thereof. Mediation shall be conducted by a mediator selected jointly by the District and Vendor. Except for injunctive relief, neither party may commence litigation relating to any Claim arising under this Agreement without first submitting the Claim to mediation.

Appears in 1 contract

Samples: Service Agreement

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