Resolution by Mutual Agreement Sample Clauses

Resolution by Mutual Agreement. Except for actions instituted by either party seeking injunctive relief, any issue or dispute between the parties arising out of or related to this Agreement or its alleged breach shall first be referred to the Chairman of Hyland Software and the President of Recall, for resolution between xxxx, if possible. Hyland Software and Recall may, if they desire, consult outside expexxx xx a mutually respected disinterested person for assistance in arriving at a resolution.
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Resolution by Mutual Agreement. In the event any dispute, controversy or claim between the Parties arises under this Agreement or is related in any way to this Agreement or the relationship of the Parties hereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement, the Parties shall first attempt in good faith to settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 39.29(a). In the event a Dispute or Controversy arises, either Party shall have the right to notify the other Party that it has elected to implement the procedures set forth in this Section 39.29(a). Within fifteen (15) days after delivery of any such notice by one Party to the other Party regarding a Dispute or Controversy, the Parties shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle the Dispute or Controversy. If a mutual resolution and settlement are not obtained at such meeting, the Parties shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of alternate dispute resolution might be useful. If a technique is agreed upon, a specific timetable and completion date for implementation shall also be agreed upon by the Parties. If such technique, timetable or completion date is not agreed upon within thirty (30) days after the notice of the Dispute or Controversy was delivered, or if no resolution is obtained through such alternative technique, or if no such meeting takes place within such fifteen (15)-day period, then, either Party may by notice to the other Party submit the Dispute or Controversy to the Authority, if applicable, in accordance with the provisions of Section 39.29(b) or to an arbitrator in accordance with the provisions of Section 39.29)(c), and upon the receipt of notice of referral to arbitration hereunder, the receiving Party shall be compelled to arbitrate the Dispute or Controversy in accordance with the terms of Section 39.29(c) without regard to the justiciable character or executory nature of such Dispute or Controversy.
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Resolution by Mutual Agreement. In the event of any dispute between the Parties to this Agreement, between Collaborating Institutions, or between Collaborating Institution(s) and ALCMI relating to this Agreement or its subject matter, the parties to such dispute shall first seek to amicably resolve or settle the dispute in good faith by mutual agreement. If the parties have not reached a resolution or settlement within thirty (30) days of the receipt of written notice by one party to the other party or parties specifying the nature of the dispute and a request to negotiate a resolution (which period may be extended upon the mutual written consent of the parties), then such party may thereafter submit the dispute to mediation by written notice to the other party or parties.
Sample 1
Resolution by Mutual Agreement. If Purchaser and Seller mutually agree that a payment should be made from the Deposit Escrow Funds, then Purchaser and Seller shall deliver to Deposit Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Deposit Escrow Agent to deliver to the specified party or parties, the amount of Deposit Escrow Funds as mutually agreed upon by Purchaser and Seller. Such certificate shall state the amount of Deposit Escrow Funds that Deposit Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Deposit Escrow Agent shall deliver the stated amount of Deposit Escrow Funds to the specified party or parties, in accordance with such certificate.
Sample 1
Resolution by Mutual Agreement. If Purchaser and the Representative mutually agree to settle an Indemnity Claim, then Purchaser and the Representative shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Indemnity Escrow Principal as mutually agreed upon by Purchaser and the Representative. Such certificate shall state the amount of Indemnity Escrow Principal that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Indemnity Escrow Principal together with Escrow Interest thereon to the specified party or parties, in accordance with such certificate.
Sample 1
Resolution by Mutual Agreement. If Purchaser and the Representative mutually agree to settle a Working Capital Claim, then Purchaser and the Representative shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Working Capital Escrow Principal as mutually agreed upon by Purchaser and the Representative. Such certificate shall state the amount of Working Capital Escrow Principal that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Working Capital Escrow Principal together with Escrow Interest thereon to the specified party or parties, in accordance with such certificate.
Sample 1
Resolution by Mutual Agreement. If Purchaser and the Representative mutually agree to settle a Discontinued Operations Claim, then Purchaser and the Representative shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Discontinued Operations Escrow Principal as mutually agreed upon by Purchaser and the Representative. Such certificate shall state the amount of Discontinued Operations Escrow Principal that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Discontinued Operations Escrow Principal together with Escrow Interest thereon to the specified party or parties, in accordance with such certificate.
Sample 1
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Resolution by Mutual Agreement. If Purchaser and Seller mutually agree to settle an Indemnity Claim, then Purchaser and Seller shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Escrow Funds as mutually agreed upon by Purchaser and Seller. Such certificate shall state the amount of Escrow Funds that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Escrow Funds to the specified party or parties, in accordance with such certificate.
Sample 1
Resolution by Mutual Agreement. Except for actions instituted by either party seeking injunctive relief, any issue or dispute between the parties arising out of or related to this Agreement or its alleged breach shall first be referred to the Chairman of Xxxxxx Software and the President of Recall, for resolution between them, if possible. Xxxxxx Software and Recall may, if they desire, consult outside experts or a mutually respected disinterested person for assistance in arriving at a resolution. (b) Resolution by Mediation. Xxxxxx Software and Recall also may, if they desire, agree to undertake non-binding mediation and may, if they choose, do so in accordance with the commercial mediation rules of the American Arbitration Association ("AAA"), either as written or as modified by mutual agreement. A written agreement to undertake mediation may be made at any time. If arbitration proceedings have been instituted, they shall be stayed until the mediation process is terminated.
Sample 1

Related to Resolution by Mutual Agreement

  • Termination by Mutual Agreement This Contract may be terminated by mutual written agreement of the Parties.

  • Termination by Mutual Agreement of the Parties Executive’s employment with the Company may be terminated at any time upon a mutual agreement in writing of the Parties. Any such termination of employment shall have the consequences specified in such agreement.

  • By Mutual Agreement This Agreement may be terminated by mutual agreement of the parties.

  • Mutual Agreement This Agreement may be terminated at any time by mutual written agreement of the parties.

  • MUTUAL AGREEMENT PROCEDURE 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article.

  • Termination by Mutual Consent This Agreement may be terminated at any time prior to the Closing Date by the mutual written consent of the Company and the Purchasers.

  • Termination by Mutual Written Consent This Agreement may be terminated and the transactions contemplated hereby may be abandoned, for any reason and at any time prior to the Closing Date, by the mutual written consent of the Company and Buyer.

  • Termination by Agreement both parties may agree to terminate this Agreement;

  • Mutual Agreements No Nurse shall be required or permitted to make any written or verbal agreement with the Employer, its representatives or immediate management supervisors, which is contrary to the terms of this Collective Agreement. This will not prevent a Nurse from making a temporary arrangement with the Employer, its representatives or immediate supervisors, when such an arrangement does not affect other Nurses in the Bargaining Unit.

  • Mutual Agreement to Arbitrate a. Except as provided in Section 11.b., in the event of a dispute or claim between Executive and Employer related to Executive’s employment or termination of employment, all such disputes or claims will be resolved exclusively by confidential arbitration in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”). This means that the parties agree to waive their rights to have such disputes or claims decided in court by a jury. Instead, such disputes or claims will be resolved by an impartial AAA arbitrator whose decision will be final. b. The only disputes or claims that are not subject to arbitration are any claims by Executive for workers’ compensation or unemployment benefits, and any claim by Executive for benefits under an employee benefit plan that provides its own arbitration procedure. Also, Executive and Employer may seek equitable relief (such as an injunction or declaratory relief) in court in appropriate circumstances. Specifically, Executive recognizes that Employer does not have an adequate remedy at law to protect its business from Executive’s breach of Sections 7, 8, or 9 of this Agreement, and therefore Employer shall be entitled to bring an action for a temporary restraining order and preliminary injunctive relief pre-arbitration, in the event of any actual or threatened breach by Executive of Sections 7, 8, or 9. In such court proceeding, Employer shall not be required to post a bond or other security, and Employer may also be awarded actual damages caused by Executive’s breach of Sections 7, 8, or 9 of this Agreement as well as repayment of all or a portion of any severance that Employer previously paid to Executive. c. Except as provided by section 11.b., the arbitration procedure will afford Executive and Employer the full range of legal, equitable, and/or statutory remedies. Employer will pay all costs that are unique to arbitration, except that the party who initiates arbitration will pay the filing fee charged by AAA. Executive and Employer shall be entitled to discovery sufficient to adequately arbitrate their claims, including access to essential documents and witnesses, as determined by the arbitrator and subject to limited judicial review. In order for any judicial review of the arbitrator’s decision to be successfully accomplished, the arbitrator will issue a written decision that will decide all issues submitted and will reveal the essential findings and conclusions on which the award is based.

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