Resolution of Disagreements Among Parties Sample Clauses

Resolution of Disagreements Among Parties. No party to this Agreement shall be entitled to take legal action with respect to any dispute relating to this Agreement until it has complied in good faith with the following alternative dispute resolution procedures. If a dispute, claim or controversy arises with respect to or relates to any Section of this Agreement, then the following dispute resolution procedures shall govern the parties' conduct:
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Resolution of Disagreements Among Parties. If Sellers and Purchaser disagree as to the matters governed by this ARTICLE VIII, Sellers and Purchaser shall promptly consult with each other in an effort to resolve such dispute. If any such disagreement cannot be resolved within fifteen (15) days, either party shall assert in writing that such dispute cannot be resolved by arbitration as set forth in SECTION 10.03(d) hereof. *****Confidential Treatment Requested
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Resolution of Disagreements Among Parties. If a Managing General Partner or the Purchaser disagree as to any matter governed by this Article XI the parties shall promptly consult with each other in an effort to resolve such dispute. Any amounts not in dispute shall be paid promptly, and any amounts payable upon the resolution of a dispute shall be made to a bank account designated by the payee no later than 10 business days after such resolution. If any such disagreement cannot be resolved within 30 days after such Managing General Partner or Purchaser asserts in writing that such dispute cannot be resolved, the Managing General Partner and the Purchaser shall jointly select an independent accounting firm to act as an arbitrator to resolve the disagreement (the "Accounting Firm"). The Accounting Firm's determination shall be final and binding upon the parties, and any fees and expenses relating to the engagement of the Accounting Firm shall be shared equally by the Partners of the affected Bay Club Partnership and the Purchaser. Upon the resolution of such dispute by the Accounting Firm, any amounts payable by such General Partners or the Purchaser, as the case may be, shall be made to a bank account designated by the payee no later than 10 business days after such resolution. Simple interest will be paid with respect to any such amounts at the Federal Funds Rate from the date of the assertion in writing that the dispute cannot be resolved to the date of payment.
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Resolution of Disagreements Among Parties. No party to this Agreement ----------------------------------------- shall be entitled to take legal action with respect to any dispute relating to this Agreement until it has complied in good faith with the following alternative dispute resolution procedures. If a dispute, claim or controversy arises with respect to or relates to any Section of this Agreement, then the following dispute resolution procedures shall govern the parties' conduct: (a) The parties shall attempt promptly and in good faith to resolve any dispute arising out of or relating to this Agreement through negotiations between representatives who have authority to settle the controversy. Any party may give the other party written notice of any such dispute not resolved in the normal course of business. Negotiations extending ten (10) days after the disputing party's notice shall be deemed at an impasse, unless otherwise agreed by the parties. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator(s) shall be given at least two (2) working days notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal and state Rules of Evidence. (b) If a dispute is at an impasse (i.e., it has not been resolved within ten (10) days of the disputing party's notice), the dispute shall be settled by arbitration in Kansas City, Missouri, administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date that such notice is given. If the parties are unable to agree on a single arbitrator within ten (10) days from the date of an impasse as set forth in Subsection (a), then CNC and WCG shall each select one arbitrator within ten (10) days and the two (2) arbitrators shall select a third arbitrator within ten (10) days. If a party does not designate an arbitrator or if the two appointed arbitrators cannot agree on the final arbitrator within the foregoing time periods, then the American Arbitration Association shall select the arbitrator(s) upon request of either party. The decision of the arbitrator(s) shall be final and binding upon the parties and shall include written findings of law and fact, and judgment may be obtained thereon by either party in a court of competent jurisdiction. Each party shall bear the cost of pr...
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Resolution of Disagreements Among Parties. If Seller or Buyer disagree as to any tax matters governed by this Agreement, Seller and Buyer shall promptly consult with each other in an effort to resolve such dispute. Any amounts not in dispute shall be paid promptly, and any amounts payable upon the resolution of a dispute shall be paid to a bank account designated by the payee no later than three (3) business days after such resolution. If any such disagreement over tax matters cannot be resolved within ten (10) days after Seller or Buyer asserts in writing that such dispute cannot be resolved, Seller and Buyer shall jointly select an Independent Accounting Firm to act as an arbitrator to resolve the disagreement. The Independent Accounting Firm's determination shall be final and binding upon the Parties, except as to errors of law, and any fees and expenses relating to the engagement of the Independent Accounting Firm shall be shared equally by Seller and Buyer. Upon resolution of such dispute over tax matters by the Independent Accounting Firm, any amounts payable by Seller or Buyer shall be made to a bank account designated by the payee no later than three (3) business days after such resolution. Simple interest will be paid with respect to any such amounts at a rate per annum equal to 300 basis points over LIBOR-3 from the date of the assertion in writing that the dispute cannot be resolved to the date of payment.
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Resolution of Disagreements Among Parties. If Seller and Buyer disagree as to the matters governed by this Article IX, Seller and Buyer shall promptly consult with each other in an effort to resolve such dispute. If any such disagreement cannot be resolved within twenty (20) Business Days of the date of initial consultation, Seller and Buyer shall jointly request such independent accountants as shall be mutually agreed by the parties, to resolve any issue in dispute as promptly as possible, with one-half of the costs of such resolution to be borne by each of Buyer and Seller. The determination made by such accountants shall be final and binding upon the parties hereto.
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Related to Resolution of Disagreements Among Parties

  • 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.

  • 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.

  • Purchase Agreement; Arbitration of Disputes By executing this Agreement, each party agrees to be bound by the terms, conditions and general provisions of the Purchase Agreement and the other Transaction Documents, including without limitation the Arbitration Provisions (as defined in the Purchase Agreement) set forth as an exhibit to the Purchase Agreement.

  • Negotiation of Disputes The parties hereto shall use their best efforts to settle any Dispute through negotiation before resorting to any other means of resolution. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all parties. If, within a period of sixty (60) days after written notice of such Dispute has been served by either party on the other, the parties have not reached a negotiated solution, then upon further notice by either party, the Dispute shall be submitted to mediation administered by the AAA in accordance with the provisions of its Commercial Mediation Rules. The onus is on the complaining party to initiate each next step in this Procedure as provided below.

  • Full Settlement; Resolution of Disputes (a) The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6(a)(ii), such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code.

  • 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.

  • 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.

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

  • 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.

  • Notice of Disputes Written notice of a Dispute must be sent to the Manager or Member by the aggrieved party as described in the notice requirements of Article 15.1 below.

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