Resolution of Technical Disputes Sample Clauses

Resolution of Technical Disputes. ‌ If there is a Dispute in respect of clauses 6.7(e), 8.3(c), 8.6, 8.7(b), 8.8(a), 8.8(c), 8.10, 9.1(a), 9.1(d), 9.2 or 10.7: (a) the Parties must seek to resolve the Dispute in accordance with clause 19.2; and (b) if the Parties do not resolve the Dispute in accordance with clause 19.2, the Dispute must be referred for determination by an Expert under clause 19.3.

Resolution of Technical Disputes. In the event (a) that the Company believes that Parent’s determination of the “Performance Measurement Index,” as set forth in the First Product Consideration Chart, of the First Product was inaccurate, or (b) of any dispute or disagreement between Parent and the Company related to the technical aspects of any milestones or deliverables hereunder, including the measurement thereof, the Company (in the case of clause (a) or (b)), or the Parent (in the case of clause (b)), may request in writing a review of such matter; provided that, in the case of clause (a), the Company shall submit such request within fifteen (15) days of the receipt of Parent’s written determination of the Performance Index Multiplier for the First Product (the “Performance Review Request”). This review shall be conducted by an independent expert having a relevant technical background. The Company and Parent shall meet within five (5) days of the Performance Review Request and attempt to agree upon a technical expert. In the event that Parent and the Company cannot agree within ten (10) days of such meeting, each of Parent and the Company shall submit one (1) expert and such experts shall confer and select a third expert having a relevant technical background as soon as practicable (such person, whether agreed upon by the parties or selected through the process set forth in this sentence, shall be the “Performance Arbitrator”). The Performance Arbitrator will hear each party’s presentation within five (5) days of his or her selection. The Performance Arbitrator will rule within fifteen (15) days following the conclusion of such presentation by the parties. The Performance Arbitrator’s role shall be limited to determining (i) in the case of a matter subject to clause (a) of this Section 9.2, the performance of the First Product and/or the calculation of Performance Index Multiplier, as set forth in the First Product Consideration Chart, and (ii) in the case of a matter subject to clause (b) of this Section 9.2, such technical matter. The determination rendered by the Performance Arbitrator shall be final, binding and non-appealable. The costs of the performance review, including without limitation, fees of the Performance Arbitrator shall be borne equally by the parties.

Resolution of Technical Disputes. Any and all Technical Disputes shall be resolved solely and exclusively by binding arbitration undertaken pursuant to the procedures set forth in this Article XX. The Parties explicitly and irrevocably waive any right to trial and any right to trial by jury with respect to Technical Disputes.

Resolution of Technical Disputes. If a dispute of a technical nature should arise in respect of the services to be performed pursuant to this Agreement, such dispute shall be referred for final settlement to (a) an expert nominated by the Parties, or (b) if the Parties are unable to agree on a nominee within thirty (30) days of the beginning of such dispute, a person nominated by the FAA and/or DGAC principal maintenance inspector having jurisdiction (any such person pursuant to (a) or (b) above, the “Expert”). 13.1.1 The Expert shall be deemed to act as an expert and not as an arbitrator. For the avoidance of doubt, the Expert shall only be responsible for determining matters of a technical nature, and shall not be responsible for determining such things as liability and the quantum of damages payable. Matters of a technical nature shall include whether or not the Services performed by Aeroman are to the standard and otherwise in compliance with this Agreement, the proposal or the relevant Purchase Order. 13.1.2 The Expert’s decision shall (in the absence of clerical or manifest error) be final and binding on the Parties and the Expert’s fees for so acting shall be borne by the Parties in equal shares, unless the Expert rules that the conduct of either party is such that one party should bear all or a greater proportion of such fees.

Resolution of Technical Disputes. 25.1. In the event of a dispute arising between the Company and the Customer regarding the quality, quantity or performance of the Goods supplied by the Company, such dispute shall initially be referred to the Company’s local representative and the Customer’s manager, who shall, meet and use commercially reasonable endeavours to resolve such dispute. 25.2. If they are unable to resolve the dispute then the Company and the Customer shall each appoint a representative with appropriate knowledge and standing, who shall likewise meet within 5 working days after such referral and use commercially reasonable endeavours to resolve the dispute. 25.3. If the dispute still remains unresolved, then the parties may refer the matter to: 25.3.1. An independent expert appointed by; or 25.3.2. Arbitration in accordance with the Rules of the Arbitration Foundation of Southern Africa proceed directly to the jurisdiction of the courts in terms of Clause 10; or 25.4. Neither the Company nor the Customer may resort to the jurisdiction of the courts in terms of Clause 10 without first following the procedure in Clauses 25.1, 25.2 and 25.3, except to obtain urgent relief from the courts. 25.5. In the event of a dispute or complaint by a Consumer who purchased the Goods from a customer who is a retailer or distributor regarding the quality, quantity or performance of the goods supplied, the Customer must take all reasonable steps to assist the Consumer as required in terms of the CPA. The Customer shall advise the Company of the complaint and all steps taken to resolve the dispute or complaint. 25.6. Should the Customer not succeed in resolving the dispute or complaint then the Customer shall advise the Company accordingly and the Company shall use reasonable endeavours to resolve the complaint as soon as possible in accordance with the provisions of clauses 25.1 and 25.2. 25.7. In the event of a dispute or complaint by a Consumer, who purchased the Goods directly from the Company, regarding the quality, quantity or performance of the Goods supplied, the Company shall use reasonable endeavours to resolve the dispute or complaint as soon as possible in accordance with the provisions of clauses 25.1 and 25.

Resolution of Technical Disputes. 20.1.1 In the event of the technical disputes between the parties stipulated by provisions of Article 6.3.2 and/or Article 8.2.4 of this contract, the dispute shall be forwarded to third party for resolution, or, where applicable, to the authorised body. The third party or the authorised body shall be jointly appointed by the Provider and the Contracting authority by their unanimous decision within 15 calendar days from the day of the occurrence of subject dispute. Should the Parties fail to agree on a person or an authorised body which shall resolve the dispute, the Parties agree that such role shall be taken by the President (at the relevant time) of the Croatian Association of Civil Engineers in Zagreb, Croatia. The third party, appointed in the aforementioned manner, shall resolve the dispute within 30 calendar days from the day on which the Provider or Contracting authority have submitted the claim for dispute resolution to the aforementioned third party. Should the dispute not be resolved within 30 calendar days, the Parties shall agree on an extension of such period. Should the Parties fail to agree on the extension or should the dispute not be resolved either during the initial 30-day period or the extended period, a Party shall have the right to forward the dispute for resolution pursuant to Article 20.2.3. 20.1.2 Decision of the aforementioned third party shall be final and binding for the parties and compensation for the work performed by the third party in the resolution of the technical disputes shall be borne by the party who lost the dispute and every party shall bear its expenses of legal representation as well as other expenses which do not constitute expenses for compensation for the work provided by the third party. For avoidance of doubt, the Parties agree that the third party or the authorised body appointed in the manner of Article 20.1.1 shall have the right to resolve the technical dispute under Article 6.3.2 and/or Article 8.2.4 only. A claim for breach of any civil right a Party shall forward for resolution pursuant to Article 20.2.3. 20.1.3 For the period, starting from the day the Provider and/or Contracting authority forwarded the request for technical dispute resolution to the third party stipulated in Paragraph 20.1.1 of this Article to the time the third party rendered its decision, performance of obligations arising from this contract shall continue to run for both Parties. Should the third party, or the authorised body, fa...

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Legal Disputes 3.1 Pursuant to New York City Health and Hospitals Corporation Act, Chapter 1016-69, Section 20, all actions against NYC Health + Hospitals shall be brought in the City , in the county in which the cause of action arose, or if it arose outside of the City , in the City , County of New York. The Parties consent to the dismissal or transfer to any claims asserted inconsistent with this section. If Vendor initiates any action in breach of this section, Vendor shall promptly reimburse NYC Health + Hospitals for any attorneys’ fees incurred to remove the action to the contractually agreed upon venue. 3.2 Actions against NYC Health + Hospitals by Vendor arising out of this Agreement must be commenced within six months of the expiration or termination of this Agreement. 3.3 Neither Party shall make a claim for personal liability against any individual, officer, agent or employee of the other, nor of the City, pertaining to anything done or omitted in connection with this Agreement.
Contract Disputes The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process: i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Patent Disputes Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the scope, construction, validity, and enforceability of any patent in a country within the Territory shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such country.
Labour Disputes 15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
Governing Law; Disputes 15.1 The laws of the State of New York, U.S.A. govern this Agreement, and the relationships created by it, except for its laws regarding conflicts of law and arbitrability; the Federal Arbitration Act governs all issues of arbitrability. Neither party may bring a claim more than two years after the underlying cause of action first accrues. 15.2 Each party agrees to give the other prompt written notice of any claim, controversy, or dispute arising under or related to this Agreement, and both parties agree to engage in good faith discussions to resolve the matter. If that fails to resolve the matter promptly, upon the election of either party, the parties will participate in a non-binding mediation before a mutually agreed mediator. Any controversy, claim or dispute which is not resolved through the procedures set forth above within 60 days following the initial notice (or such longer period as the parties may agree) will be resolved by arbitration before a sole arbitrator who is an attorney, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The duty and right to arbitrate will extend to any employee, officer, director, shareholder, agent, or affiliate, of a party to the extent that right or duty arises through a party or is related to this Agreement. The decision and award of the arbitrator will be final and binding, and the award rendered may be entered in any court having jurisdiction. The arbitrator is directed to hear and decide potentially dispositive motions in advance of a hearing on the merits by applying the applicable law to undisputed facts and documents. The arbitration will be held in Atlanta, Georgia, U.S.A. This Section 15.2, and the obligation to mediate and arbitrate, will not apply to claims for infringement, misappropriation or misuse of a party’s intellectual property or Confidential Information, or collection of sums owed to NCR Voyix under this Agreement. A party may at any time seek from a court of competent jurisdiction an injunction or other equitable relief in aid of arbitration. The arbitrator will not have authority to award punitive damages, non- compensatory damages, or any damages other than direct damages, nor have authority to award direct damages inconsistent with the limitations and exclusions set forth in this Agreement. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
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.
Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.
Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).
Other Disputes Any other dispute (a “Dispute Item”) shall be resolved in accordance with the following provisions of this Article 7.
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.

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