PREVENTION AND RESOLUTION OF DISPUTES Sample Clauses

PREVENTION AND RESOLUTION OF DISPUTES. 16.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 16.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 16.3 The facilitator shall be the person named in TABLE I or any third party agreed by the Parties. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Parties another person with particularly relevant skills to act in their place as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 16.4 The opinion or recommendation of the facilitator shall not be legally binding unless adopted by both parties and reduced to writing and recorded and signed as having being agreed between them. 16.5 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 16 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the FOURTH SCHEDULE hereto before being referred to arbitration. 16.6 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 16.2 hereof, or by the conciliation process set out in the SECOND SCHEDULE hereto may be referred by either of the Parties or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 16.7 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 16.8 The Arbitrator shall have full power to dissolve this share farming agreement should he think fit. 16.9 Any decisions made by the Arbitrator shall be final and binding on all parties.
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PREVENTION AND RESOLUTION OF DISPUTES. 26.1 Any dispute as to the terms and conditions of This Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Clause. 26.1.1 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 26.2 The facilitator shall be the person named as such in the On-Farm agreement or any third party agreed by the Partners. The Facilitator shall have the power to nominate at his/her discretion, having consulted with the Partners, another person with particularly relevant skills to act in their stead as Facilitator. The Facilitator shall also have the power to consult such a person while acting as Facilitator. 26.3 The opinion or recommendation of the facilitator shall not be legally binding. 26.4 Any dispute, which is not resolved by referring it by agreement to a Facilitator under clause 26 hereof, shall be referred in the first instance to conciliation in accordance with the provisions specified in the Eighth Schedule hereto before being referred to arbitration. 26.5 All disputes, which arise between the parties, and which have not been resolved by the intervention of the facilitator or under Clause 26.4 hereof, may be referred by either of the Partners or both to a single Arbitrator who shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 to 2010. 26.6 If the parties fail to agree on the choice of the Arbitrator, then the arbitrator shall be nominated by the President for the time being of the Law Society. 26.7 The Arbitrator shall have full power to dissolve the Partnership should he think fit. 26.8 Any decisions made by the Arbitrator shall be final and binding on all parties.
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PREVENTION AND RESOLUTION OF DISPUTES. 1. The Focal Points shall work in coordination with each other and the Joint Committee in order to prevent, manage and reach understandings with a view to achieving the objectives of this Agreement and resolve any disputes between the parties. 2. Before starting any arbitration any dispute between the Parties concerning the interpretation or application of this Agreement shall be assessed by means of consultations and negotiations, and examined preliminarily by the Joint Committee. 3. A Party may submit a specific issue of interest of an investor to the Joint Committee: i. to initiate the procedure, the interested investor Party shall submit in writing its request to the Joint Committee, specifying the name of the investor concerned and the challenges or difficulties encountered; ii. the Joint Committee shall have a period of 60 days, extendable by mutual agreement, by 60 days, upon justification, to submit any relevant information of the case presented; iii. in order to facilitate the search for solution among the parties concerned, wherever possible, should participate in all or part of the bilateral meeting: a) investor representatives interested; b) representatives of governmental or non-governmental entities involved in the measure or query object situation. iv. The bilateral dialogue and consultation procedure shall terminate at the initiative of any of the Parties concerned by submitting a summary report to the meeting of the subsequent Joint Committee with: a) A identification of the Party b) The identification of the interested investors c) description of the measure subject to the consultation; and d) the position of the Parties in respect of the measure. 4. The Joint Committee shall, whenever possible, to convene special meetings to assess the questions referred. 5. All documentation and arrangements for the mechanism set out in this article, as well as the Joint Committee meetings, will have reserved character except the submitted reports. 6. If it is not possible to settle a dispute arising under paragraph 2 of this article on the recommendation of the Joint Committee, the Parties may resort to arbitration mechanisms between States to resolve the said dispute.
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PREVENTION AND RESOLUTION OF DISPUTES. 1. The Focal Points will act pivotally with each other and the Joint Committee in order to prevent, manage and resolve any disputes between the parties. 2. Before starting any arbitration, any dispute between the parties should be assessed through consultations and negotiations, and examined preliminarily by the Joint Committee. 3. A Party may submit a specific issue of interest of an investor to the Joint Committee: i. to initiate the procedure, the interested investor Party shall submit in writing its request to the Joint Committee, specifying the name of the investor concerned and the challenges or difficulties encountered; ii. the Joint Committee will have 60 days, extendable by mutual agreement, by 60 days, upon justification, to submit any relevant information of the case presented; iii. in order to facilitate the search for solution among the parties concerned, wherever possible, should participate in all or part of the bilateral meeting: a) investor representatives interested; b) representatives of governmental or non-governmental entities involved in the measure or query object situation. iv. The dialogue procedure and bilateral consultation closes on the initiative of any of the Parties involved by submitting report summarized the meeting of the Committee following set with: a) the identification of the Party; b) identification of interested investors; c) description of the measure query object; and d) the position of the Parties in respect of the measure. 4. The Joint Committee shall, whenever possible, to convene special meetings to assess the questions referred. 5. All documentation and arrangements for the mechanism set out in this article, as well as the Joint Committee meetings, will have reserved character except the submitted reports. 6. If you can not resolve the dispute, the parties may resort to arbitration mechanisms between States to be developed by the Joint Committee, when deemed appropriate by the Parties.
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PREVENTION AND RESOLUTION OF DISPUTES. 14.1 Any dispute as to the terms and conditions of this Agreement and/or as to the subject matter hereof shall be resolved or determined in accordance with the provisions of this Condition. 14.2 Any such dispute shall in the first instance be referred to a Facilitator before it may be referred to Arbitration hereunder. 14.3 The Facilitator shall be the person named in the First Schedule Clause
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Related to PREVENTION AND RESOLUTION OF DISPUTES

  • Governing Law and Resolution of Disputes 14.1 The execution, effectiveness, construction, performance, amendment and termination of this Agreement and the resolution of disputes hereunder shall be governed by the laws of China. 14.2 In the event of any dispute with respect to the construction and performance of this Agreement, the Parties shall first resolve the dispute through friendly negotiations. In the event the Parties fail to reach an agreement on the dispute within 30 days after either Party’s request to the other Parties for resolution of the dispute through negotiations, either Party may submit the relevant dispute to the China International Economic and Trade Arbitration Commission for arbitration, in accordance with its Arbitration Rules. The arbitration shall be conducted in Beijing. The arbitration award shall be final and binding on all Parties. 14.3 Upon the occurrence of any disputes arising from the construction and performance of this Agreement or during the pending arbitration of any dispute, except for the matters under dispute, the Parties to this Agreement shall continue to exercise their respective rights under this Agreement and perform their respective obligations under this Agreement.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Mediation of Disputes The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.

  • Methods of Resolution of Disputes In the event of any dispute with respect to the construction and performance of this Agreement, the Parties shall first resolve the dispute through friendly negotiations. In the event the Parties fail to reach an agreement on the dispute within 30 days after either Party’s request to the other Parties for resolution of the dispute through negotiations, either Party may submit the relevant dispute to the China International Economic and Trade Arbitration Commission for arbitration, in accordance with its arbitration rules. The arbitration shall be conducted in Beijing. The arbitration award shall be final and binding on all Parties.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • Resolution of Discrepancies In the event of any discrepancy between the information set forth in any report provided by the Custodian to the Company and any information contained in the books or records of the Company, the Company shall promptly notify the Custodian thereof and the parties shall cooperate to diligently resolve the discrepancy.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

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