Remedies Dispute Resolution. The relationship of the parties is in part defined by statute. In recognition of the parties’ relationship and the lack of alternatives for the collection of fees, the parties have established these provisions regarding their respective rights and remedies.
Remedies Dispute Resolution. 17 Section 8.1 Specific Performance..................................................................... 17 Section 8.2 Dispute Resolution....................................................................... 18
Remedies Dispute Resolution. 10 SCHEDULE A TERMS AND CONDITIONS
Remedies Dispute Resolution. (a) Each of the Sellers acknowledge that the Business and the Purchased Assets are unique and recognize that in the event of a breach of this Agreement by the Sellers money damages may be inadequate and Buyer may have no adequate remedy at law. Accordingly, the Sellers agree that Buyer shall have the right, in addition to any other rights and remedies existing in its favor, to enforce its rights and the obligations of the Sellers hereunder not only by an action or actions for damages but also by an action or actions for specific performance, injunctive and/or other equitable relief.
Remedies Dispute Resolution. (a) Executive and LanVision recognize that a material breach of any of the covenants or agreements set forth in this Agreement (including without limitation the provisions of Section 7, 8 and 9 of the Employment Agreement incorporated into this Agreement) will cause irreparable harm to the other party and that actual damages may be difficult to ascertain and in any event may be inadequate. Accordingly, each party agrees that in the event of such breach, the other party hereto shall be entitled to injunctive relief in addition to such other legal or equitable remedies as may be available and the other party, at his or its option, may seek to enforce his or its remedies through any court of competent jurisdiction. Executive also agrees that if Executive materially breaches this Agreement, other than for a breach of Section 2 hereof, LanVision may immediately terminate any payments or other obligations remaining due to Executive under this Agreement, provided that Executive may contest such termination in accordance with the arbitration procedures set forth in Section 14(b) below, and provided, further, that all of the other provisions of this Agreement shall remain in full force and effect according to their terms notwithstanding any such termination of payments or other obligations or submission of any dispute to arbitration.
Remedies Dispute Resolution. Any Dispute shall be resolved in accordance with the procedures set forth in the Purchase Agreement, which shall be the sole and exclusive procedures for the resolution of any such Dispute unless otherwise specified herein or in the Purchase Agreement and are incorporated herein by reference.
Remedies Dispute Resolution. (a) If the Company determines in its sole judgment and discretion that Employee is in breach of this Agreement or the Covenants Agreement (as modified herein), then in addition to and not instead of the Released Parties’ other remedies hereunder or otherwise at law or equity, Company shall have the right, upon written notice to Employee and his counsel (c/o Sxxxx Xxxxxxxx, Esq, Axxxxx & Gxxxxxx) (a “Breach Notice”), to cease making any further payments to Employee under Sections 4(a) and (b) of this Agreement. This Agreement shall continue to be binding on Employee and the Released Parties shall be entitled to enforce the provisions of this Agreement.
Remedies Dispute Resolution a. In the event of a dispute arising under this Agreement, the Parties shall, without delay and in good faith attempt to amicably resolve such dispute through negotiation. Should the Parties be unable to resolve any dispute between themselves within 10 business days of written notice of such dispute (“10-Day Dispute Period”) the parties will, within three business days following the 10-Day Dispute Period select a neutral mediator experienced in mediation and in matters customarily related to the area of dispute. The dispute will be submitted to the mediator for non-binding mediation, the decision of such mediation not to extend beyond 60 days from the conclusion of the 10-
Remedies Dispute Resolution. Does the agreement permit you to withhold transaction fees as a consequence of substandard performance? Does it provide for fast track dispute resolution? - Termination. Does the agreement provide you with flexibility to terminate without penalty?
Remedies Dispute Resolution. The Conference and you agree that all disputes arising out of or related to this Agreement or the termination of this Agreement shall be brought within six months of the act or omission that gives rise to the dispute and shall be submitted to binding arbitration with the Employment Arbitration Rules of the American Arbitration Association (“AAA”). The parties shall equally share responsibility for all AAA fees except the filing fee (which will be the responsibility of the filing party), and that the filing fee will be limited to that in the employment dispute resolution rules of the AAA. The arbitrator shall be required to determine all issues in accordance with the applicable laws of the State of Illinois, and the arbitration shall be brought and take place exclusively in Xxxx County, Chicago, Illinois. The arbitrator shall have the power to award any type of legal or equitable relief available in a court of competent jurisdiction, including, but not limited to, attorneys’ fees and costs, to the extent such relief is available under applicable law. The arbitrator will issue a written statement of decision, including findings of fact and conclusions of law. You and the Conference also agree and understand that arbitration shall be the exclusive method of resolving all disputes relating to this Agreement or the termination of this Agreement. You and the Conference also agree that any dispute arising out of or related to this Agreement shall be brought exclusively in Xxxx County in the State of Illinois. YOU SPECIFICALLY ACKNOWLEDGE THAT BY EXECUTING THIS AGREEMENT, YOU WAIVE THE RIGHT TO A JURY TRIAL OR BENCH TRIAL IN A COURT OF LAW AS TO ALL DISPUTES CONCERNING THIS AGREEMENT, OR TERMINATION OF THIS AGREEMENT AS WELL AS ANY OTHER FEDERAL, STATE, OR LOCAL LAW, ORDINANCE, OR REGULATION, OR BASED ON ANY PUBLIC POLICY, AGREEMENT (INCLUDING THIS AGREEMENT), TORT, OR COMMON LAW OR ANY CLAIM FOR COSTS, FEES, OR OTHER EXPENSES INCLUDING ATTORNEYS’ FEES, BREACH OF AGREEMENT, OR ANY DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. You have signed this Agreement, which includes an agreement to arbitrate disputes related to this Agreement, knowingly, voluntarily and free from duress or coercion.
