Preliminary Dispute Resolution Sample Clauses

Preliminary Dispute Resolution. Both parties agree to exercise good faith efforts in dispute resolution. Such good faith efforts will encompass, but are not limited to the following: (1) Immediate communication with the other party of perceived problems with any aspect of the business relationship; (2) Mutual respect for each party's business and staff; and (3) Informal resolution of disputes if possible.
Sample 1
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Preliminary Dispute Resolution. If LICENSOR disputes LICENSEE's decision, as provided for by Section 3.3.3, the matter shall be referred for evaluation to an Evaluation Committee comprised of 2 members of the LICENSEE's Scientific Advisory Board, or other representatives nominated by LICENSEE, and Dr. Xxxx Xxxx, or other representative nominated by Dr. Xxxx. Xhe Evaluation Committee shall be requested to provide, within forty-five (45) days or as soon as practicable, its non-binding opinion regarding whether the monies which will fund the work described in the Research Plan provided for by Section 3.3.2 comprise External Research Funding for which payment is provided under Section 3.3 of this Agreement. Nothing in this provision shall preclude the parties from pursuing any other remedies to which they may be entitled under law or this Agreement after the expiration of the 45 day
Sample 1
Preliminary Dispute Resolution. The Parties agree that they will vigorously pursue necessary and appropriate dispute resolution in accordance with this clause where another Party notifies them of a dispute. The Parties will use their best endeavours to resolve any dispute relating to this Agreement between themselves by negotiations in good faith, in the first instance through day to day consultation but if the Parties fail to resolve any dispute within 14 days the matter shall be escalated to the applicable Collaborative Procurement Sub-committee Members representing the Local Authority Parties and the Chairman of that Sub-committee. In the event that a Local Authority Party and the Chairman of the Collaborative Procurement Sub-committee fail to resolve any dispute escalated to them as provided for in Clause 24.3 within 14 days than any of the Parties shall be entitled to request that the matter be referred to mediation in the first instance, or arbitration as provided for below. Mediation Any Party may following the exhaustion of the process in clauses 24.1 to 24.4 refer any dispute to mediation in accordance with the CEDR Model Mediation Procedure by giving notice in writing (the "Mediation Notice") to the other party in accordance with clause 25. The Parties will seek to agree the appointment of a mediator but failing agreement within 14 days of service of the Mediation Notice, will ask CEDR to appoint a mediator. If either party refuses at any time to participate in the mediation procedure and if in any event the dispute is not resolved within 60 days of service of the Mediation Notice then either party may refer the dispute to arbitration proceedings. Notices (General) Except as otherwise expressly provided within the Agreement, no notice or other communication from one Party to another shall have any validity under the Agreement unless made in writing by or on behalf of the Party concerned. Any notice or other communication which is to be given by a Party to another shall be given by letter (sent by hand, post, registered post or by the recorded delivery service or electronic mail). Such letters shall be addressed to the other Party in the manner referred to in clause 25.4. Provided the relevant communication is not returned as undelivered, the notice or communication shall be deemed to have been given 2 Working Days after the day on which the letter was posted, or four hours, in the case of electronic mail or facsimile transmission or sooner where the other Party acknowledges rec...
Sample 1
Preliminary Dispute Resolution. 10.3.1 The parties agree that it is generally preferable to attempt to resolve complaints or performance issues informally before deciding to initiate formal disciplinary processes in accordance with clause 10.4. However, in more serious cases, the employer may elect to deal with the matter under the formal process (clause 10.4).
Sample 1
Preliminary Dispute Resolution. Subject to the Company's right to terminate this Agreement, if the User has any dispute, controversy or claim ("Dispute(s)") against the Company arising out of or in relation to the interpretation or performance of this Agreement and/or any part of the Activities and/or at law, or the breach, termination, or invalidity thereof, a Thirty (30) days period commencing User's written notice of such Dispute received by the Company, shall be given for a preliminary Dispute resolution ("Preliminary Dispute Resolution"). During the Preliminary Dispute Resolution, User and the appropriate Company's personnel who shall have the authority to resolve the matter shall conduct mutual discussions to attempt in good faith to negotiate a resolution of the Dispute prior to pursuing other available remedies. Discussions and correspondence relating to the Company's attempts to resolve such Dispute shall be treated as confidential information developed for the purpose of settlement and as Proprietary Information which will be exempt from discovery or production and will not be admissible in any legal proceedings.
Sample 1

Related to Preliminary Dispute Resolution

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed:

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Xxx Xxxxx County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

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