Common use of Settlement By Mutual Agreement Clause in Contracts

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement or any right, duty or obligation arising therefrom or the relationship of the Parties thereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under 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 12.1. In the event a Dispute or Controversy arises, either Party shall have the right to notify the other that it has elected to implement the procedures set forth in this Section 12.1. Within fifteen (15) days after delivery of any such notice by one Party to the other regarding a Dispute or Controversy, each Party’s representative shall meet at a mutually agreed time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of the Party’s representatives, they shall cooperate in a commercially reasonable manner to determine if mediation or other forms of alternative dispute resolution might be useful. If a technique is agreed upon, a specific timetable and completion date for implementation shall also be agreed upon. 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 the fifteen (15)-day period, then either Party may file suit in a court of competent jurisdiction in Davidson County, Tennessee. MISCELLANEOUS PROVISIONS‌

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties hereto arises under this Agreement Lease or any right, duty or obligation arising therefrom herefrom or the relationship of the Parties thereunder hereunder (a “Dispute or Controversy”), including including, but not limited to, a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this AgreementLease, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.19.5. In the event a Dispute or Controversy arises, either Party any party hereto shall have the right to notify the other party hereto that it the notifying party has elected to implement the procedures set forth in this Section 12.19.5. Within fifteen (15) days after delivery of any such notice by one Party party to the other party regarding a Dispute or Controversy, a representative of each Party’s representative of the Parties shall meet at a mutually agreed time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. If Should a mutual resolution and settlement are not be obtained at within fifteen (15) days after the meeting of the Party’s representativesParties’ representatives for such purpose, they shall cooperate in a commercially reasonable manner to determine if mediation or other forms of alternative dispute resolution might be useful. If a technique is agreed such longer period as the Parties may mutually agree upon, a specific timetable and completion date for implementation shall also be agreed upon. If such technique, timetable or completion date is not agreed upon within thirty (30) days after then either party may by notice to the notice of other party submit the Dispute or Controversy was deliveredto arbitration in accordance with the provisions of Section 9.5(b) and Exhibit B hereto. Upon the receipt of notice of referral to arbitration hereunder, the receiving party shall be compelled to arbitrate the Dispute or if no resolution is obtained through Controversy in accordance with the terms of this Section 9.5 and Exhibit B hereto without regard to the justiciable character or executory nature of such alternative technique, Dispute or if no such meeting takes place within the fifteen (15)-day period, then either Party may file suit in a court of competent jurisdiction in Davidson County, Tennessee. MISCELLANEOUS PROVISIONS‌Controversy.

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement Lease or is related in any right, duty or obligation arising therefrom way to this Lease or the relationship of the Parties thereunder hereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this AgreementLease, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.111.5.1. 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 12.111.5.1. Within fifteen (15) calendar days after delivery of any such notice Notice by one Party to the other Party regarding a Dispute or Controversy, each Party’s representative Landlord Representative and the Tenant Representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle such the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Party’s representativesTenant Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other forms techniques of alternative 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. If such technique, timetable or completion date is not agreed upon within thirty (30) calendar days after the notice 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 the fifteen (15)-day 15)-calendar day period, then either Party may file suit by notice to the other Party submit the Dispute or Controversy to mediation in a court accordance with the provisions of competent jurisdiction Section 11.5.2. Upon the receipt of notice of referral to mediation hereunder, the receiving Party shall be compelled to mediate the Dispute or Controversy in Davidson County, Tennessee. MISCELLANEOUS PROVISIONS‌accordance with the terms of Section

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement or any right, duty or obligation arising therefrom or the relationship of the Parties thereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this AgreementLease, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.111.5.1. In the event If 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 12.111.5.1. Within fifteen (15) days after delivery of any such notice Notice by one Party to the other Party regarding a Dispute or Controversy, each Party’s representative Landlord Representative and the Tenant Representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle such the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Party’s representativesTenant Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other forms techniques of alternative 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. If such technique, timetable or completion date is not agreed upon within thirty (30) days after the notice 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 the fifteen (15)-day period, then either Party may file suit by notice to the other Party seek consent to submit the Dispute or Controversy to arbitration in a court accordance with the provisions of competent jurisdiction Section 11.5.2 and Appendix D. Arbitration. Any Dispute or Controversy that is not resolved pursuant to the provisions of Section 11.5.1 may, upon mutual agreement by the Parties, be submitted to binding arbitration hereunder (as provided for in Davidson CountyAppendix D) and, Tennessee. MISCELLANEOUS PROVISIONS‌if submitted, shall be resolved exclusively and finally through such binding arbitration.

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement or any right, duty or obligation arising therefrom or the relationship of the Parties thereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this Agreement, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.1. In the event a Dispute or Controversy arises, either Party shall have the right to notify the other that it has elected to implement the procedures set forth in this Section 12.1. Within fifteen (15) days after delivery of any such notice by one Party to the other regarding a Dispute or Controversy, each Party’s representative shall meet at a mutually agreed time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of the Party’s representatives, they shall cooperate in a commercially reasonable manner to determine if mediation or other forms of of‌ alternative dispute resolution might be useful. If a technique is agreed upon, a specific timetable and completion date for implementation shall also be agreed upon. 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 the fifteen (15)-day period, then either Party may file suit in a court of competent jurisdiction in Davidson County, Tennessee. MISCELLANEOUS PROVISIONS‌EFFECT OF XXX COORDINATION AGREEMENTS‌

Settlement By Mutual Agreement. In the event If any dispute, controversy or claim between or among the Parties arises under this Agreement or is related in any right, duty or obligation arising therefrom way to this Agreement or the relationship of the Parties thereunder hereunder (a “Dispute or Controversy”), . including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this Agreement, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.111.5.1. In the event If 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 12.111.5.1. Within fifteen (15) days after delivery of any such notice Notice by one Party to the other Party regarding a Dispute or Controversy, each Party’s representative City Representative and the Owner Representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle such the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of City Representative and the Party’s representativesOwner Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other forms techniques of alternative 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. If such technique, timetable or completion date is not agreed upon within thirty (30) days after the notice 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 the fifteen (15)-day period, then either Party may file by Notice to the other Party resolve the Dispute or Controversy by commencing an action, suit or proceeding against the other Party in a any state court located in, the City of competent jurisdiction in Davidson CountyXxXxxxxx, Tennessee. MISCELLANEOUS PROVISIONS‌Texas.

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement Lease or is related in any right, duty or obligation arising therefrom way to this Lease or the relationship of the Parties thereunder hereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this AgreementLease, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.111.5.1. 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 12.111.5.1. Within fifteen (15) calendar days after delivery of any such notice Notice by one Party to the other Party regarding a Dispute or Controversy, each Party’s representative Landlord Representative and the Tenant Representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle such the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Party’s representativesTenant Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other forms techniques of alternative 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. If such technique, timetable or completion date is not agreed upon within thirty (30) calendar days after the notice 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 the fifteen (15)-day 15)-calendar day period, then either Party may file suit by notice to the other Party submit the Dispute or Controversy to mediation in a court accordance with the provisions of competent jurisdiction Section 11.5.2. Upon the receipt of notice of referral to mediation hereunder, the receiving Party shall be compelled to mediate the Dispute or Controversy in Davidson County, Tennessee. MISCELLANEOUS PROVISIONS‌accordance with the terms of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or Controversy.

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement or any right, duty or obligation arising therefrom or the relationship of the Parties thereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (b) the granting or denial of any Approval under this Agreement, the Parties shall first attempt in good faith to settle‌ settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 12.119.1. In the event a Dispute or Controversy arises, either Party shall have the right to notify the other that it has elected to implement the procedures set forth in this Section 12.119.1. Within fifteen (15) days after delivery of any such notice by one Party to the other regarding a Dispute or Controversy, each Party’s representative the Authority Representative and StadCo Representative shall meet at a mutually agreed time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of the Party’s representativesAuthority Representative and the StadCo Representative, they shall cooperate in a commercially reasonable manner to determine if mediation or other forms of alternative dispute resolution might be useful. If a technique is agreed upon, a specific timetable and completion date for implementation shall also be agreed upon. 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 the fifteen (15)-day 15) day period, then either Party may file suit in a court of competent jurisdiction in Davidson County, Tennessee. MISCELLANEOUS PROVISIONS‌Tennessee.‌