Resolution of Disagreements Among Parties Clause Samples
POPULAR SAMPLE Copied 1 times
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 USWC and Will▇▇▇▇ ▇▇▇ll 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
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.
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.
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.
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.
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: