Resolution of Other Disputes. Any dispute between Xxxxx and Seller not resolved pursuant to the foregoing provisions of this AGREEMENT shall upon written notice, be referred to the respective representatives for each party. The parties, through their representatives and/or senior management shall confer in good faith to attempt to resolve the matter. If the parties are unable to fully resolve the dispute, then the matter shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association upon the demand of either party. Arbitration proceedings shall be conducted by a sole arbitrator, who must be an attorney with at least 10 years of experience in the litigation of contract claims. Arbitration proceedings shall be conducted in Delaware. Either party may seek preliminary equitable relief in any court of competent jurisdiction pending the decision of the arbitrator.
Resolution of Other Disputes. Any dispute between Xxxxx and Seller that is not resolved pursuant to the provisions of this Purchase Order or through discussions between the parties may be resolved through legal action. The Parties covenant and agree that any and all actions arising out of or related to this Agreement shall be brought and maintained in the federal and state courts sitting in Hillsborough County or Pinellas County, Florida, and Seller and Buyer irrevocably consent and submit to the exclusive jurisdiction of and the service of process for such courts for any and all actions arising under or relating to this Purchase Order. THE PARTIES HEREBY IRRECOVABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS PURCHASE ORDER.
Resolution of Other Disputes. If DRC, DREDF and/or DOJ believes that Safeway (1) has failed to maintain accessible features, as required by the ADA; (2) learns of the existence of a nonconforming element that either did not exist at the time the survey was conducted or that the survey, if properly conducted, would have identified, but failed to identify; and/or (3) believes that Safeway has violated provisions of Title III, or analogous state and local laws, that are not covered by this agreement, DRC, DREDF and/or DOJ may provide written notice of the alleged violation to Safeway within a reasonable period. Within 21 days of the receipt of DRC, DREDF and/or DOJ's notice, representatives of Safeway and DRC, DREDF and/or DOJ shall meet and confer (including by telephone) in a good-faith effort to resolve the concerns identified by DRC, DREDF and/or DOJ. If, after meeting with Safeway, DRC, DREDF and/or DOJ continue to believe that Safeway has violated the ADA and/or any analogous state or local law and Safeway does not cure the alleged violation within a reasonable period (presumptively within 30 days of the receipt of notice), DRC and/or DOJ may bring suit under the ADA and any other applicable law in the United States District Court for the District of Columbia seeking whatever relief is available under the ADA and any other applicable law; DREDF, on behalf of its clients, may bring suit under the ADA and any other applicable law in the United States District Court for the Northern District of California seeking whatever relief is available under the ADA and any other applicable law. If DRC or DREDF brings suit, DRC or DREDF shall be entitled to seek, inter alia, a reasonable attorneys' fee and costs as provided by the ADA and any other applicable law. DRC, DREDF and/or DOJ agree that they will not seek relief in any such action based upon Safeway's failure to bring nonconforming elements into compliance prior to the effective date of this Agreement. The procedures set forth in this paragraph are the exclusive means for resolving disputes referenced in this paragraph.
Resolution of Other Disputes. Disputes between the District and the Architect that do not constitute Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of Ventura, and shall not be subject to the Claims Resolution Process.
Resolution of Other Disputes. (a) Any dispute, controversy, claim or difference between the parties hereto arising out of this Agreement other than under Article 4 including questions of fact, procedures, practices or standards which cannot be resolved or settled by the parties, shall be settled and determined by arbitration. The provisions of this Section shall be deemed to constitute a "submission" within the meaning of the ARBITRATIONS ACT (Ontario) (the "Act") and the provisions of the Act, except to the extent that a contrary intention is expressed herein, shall apply to any arbitration hereunder. Either party may at any time give written notice to the other of its desire to submit such dispute to arbitration stating with reasonable particularity the subject matter of such dispute. Within five (5) business days after receipt of such notice, the parties shall appoint a single arbitrator with appropriate experience to determine such dispute. If the parties fail to appoint an arbitrator, either party may apply to a Judge of the Superior Court of Ontario to appoint an arbitrator to determine such dispute. The arbitrator so appointed shall forthwith proceed to arbitrate the dispute. The award of the arbitrator shall be delivered to the parties within sixty (60) days of his appointment. The costs of the arbitration shall be paid as determined by the arbitrator. Notwithstanding anything to the contrary contained in the Act, the award of the arbitrator shall be final and binding upon the parties and all persons claiming through or under them. An award of the arbitrator shall be in substitution for and precludes either party or any person claiming through or under a party to bring any suit, action or other proceeding in any court of law or equity against either party or any person claiming through or under a party or against the arbitrator in respect of any matter for which arbitration is herein provided. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction and thereupon execution or other legal process may issue thereon. The parties hereto and all persons claiming through or under them hereby attorn to the jurisdiction of the arbitrator and to the jurisdiction of any court in which the judgment may be entered. Arbitration may not be waived except upon delivery by the parties of a written notice to that effect.
(b) EXECUTIVE HAS READ AND UNDERSTANDS SECTION 5.2 AND SECTION 5.3, WHICH DISCUSS ARBITRATION. EXECUTIVE UNDERSTANDS THAT SUBMITTING AN...
Resolution of Other Disputes. Any dispute between Xxxxx and Seller that is not resolved pursuant to the foregoing provisions of this AGREEMENT shall, upon written notice, be referred to the respective representatives for each party. The parties, through their representatives and/or senior management, shall confer in good faith to attempt to resolve the matter. If the parties are unable to fully resolve the dispute, then the matter shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association upon the demand of either party. Arbitration proceedings shall be conducted by a sole arbitrator, who must be an attorney with at least ten (10) years of experience in the litigation of federal contract claims. Arbitration proceedings shall be conducted in (insert a major city near Seller’s offices) if the demand for arbitration is made by the Buyer, and in Texarkana, Texas, if the demand for arbitration is made by the Seller. Either party may seek preliminary equitable relief in any court of competent jurisdiction pending the decision of the arbitrator.
Resolution of Other Disputes. Any dispute, controversy or claim arising out of or relating to this Agreement or any Convention Center Lease, or the breach hereof or thereof, shall be subject to a non-binding mandatory mediation, other than (i) a Specified Dispute; (ii) any action of a Party to seek emergency, immediate, or preliminary relief; (iii) any action of a Public Agency in its governmental or regulatory capacity; or (iv) any action involving fraud, false claims or similar actions. The mediator shall be a qualified mediator mutually acceptable to the Parties involved in the dispute. The Parties have approved each of the mediators (the “Approved Mediators”) listed on Exhibit N-2 (the “Approved Mediator List”). The Port District and Developer may elect to use the Approved Mediator List for any non-binding mediation elected or required under the Ground Lease. The Parties involved in the dispute shall each pay an equal share of the cost of the mediation and each such Party shall pay its own costs and expenses, including any attorneys’ fees, related to the mediation.
Resolution of Other Disputes. Disputes between District and Design-Build Entity that do not constitute Claims by Design-Build Entity or District shall be resolved first by utilization of the internal Claims resolution process detailed in this section. If any dispute is not fully resolved in this manner, at the discretion of either party, such resolution may occur by way of an action filed in the Superior Court of the State of California, County of Santa Xxxxx, only.
Resolution of Other Disputes. Disputes between the District and the Architect that do not constitute Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Diego, and shall not be subject to the Claims Resolution Process.
Resolution of Other Disputes. Disputes between the District and the Program Manager that do not constitute Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Diego, and shall not be subject to the Claims Dispute Resolution Process.
