Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Lease or is related in any way to this Lease or the relationship of the Parties hereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Lease, 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 11.5. 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 11.5.1. Within fifteen (15) calendar days after delivery of any such Notice by one Party to the other Party regarding a Dispute or Controversy, 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 the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Tenant Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of 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 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)-calendar day period, then either Party may by notice to the other Party submit the Dispute or Controversy to mediation in accordance with the provisions of 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 accordance with the terms of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or Controversy.
Appears in 1 contract
Samples: Ground Lease Agreement
Settlement By Mutual Agreement. In the event If any dispute, controversy or claim between or among the Parties arises under this Lease Agreement or is related in any way to this Lease Agreement or the relationship of the Parties hereunder (a “Dispute or Controversy”), . including a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this LeaseAgreement, 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 11.5.
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 11.5.1. Within fifteen (15) calendar days after delivery of any such Notice by one Party to the other Party regarding a Dispute or Controversy, Landlord City Representative and the Tenant Owner Representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord City Representative and the Tenant Owner Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of 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 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)-calendar day 15)-day period, then either Party may by notice Notice to the other Party submit resolve the Dispute or Controversy to mediation by commencing an action, suit or proceeding against the other Party in accordance with the provisions of Section 11.5.
2. Upon the receipt of notice of referral to mediation hereunderany state court located in, the receiving Party shall be compelled to mediate the Dispute or Controversy in accordance with the terms City of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or ControversyMxXxxxxx, Texas.
Appears in 1 contract
Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Lease or is related in any way to this Lease or the relationship of the Parties hereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Lease, 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 11.5.
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 11.5.1. Within fifteen (15) calendar days after delivery of any such Notice by one Party to the other Party regarding a Dispute or Controversy, 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 the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Tenant Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of 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 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)-calendar day period, then either Party may by notice to the other Party submit the Dispute or Controversy to mediation in accordance with the provisions of 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 accordance with the terms of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or Controversy.Section
Appears in 1 contract
Samples: Economic Development Agreement
Settlement By Mutual Agreement. In the event If any dispute, controversy or claim between or among the Parties arises under this Lease Agreement or is related in any way to this Lease Agreement or the relationship of the Parties hereunder (a “Dispute or Controversy”), . including a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this LeaseAgreement, 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 11.5.
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 11.5.1. Within fifteen (15) calendar days after delivery of any such Notice by one Party to the other Party regarding a Dispute or Controversy, Landlord City Representative and the Tenant Owner Representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle the Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord City Representative and the Tenant Owner Representative, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of 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 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)-calendar day 15)-day period, then either Party may by notice Notice to the other Party submit resolve the Dispute or Controversy to mediation by commencing an action, suit or proceeding against the other Party in accordance with the provisions of Section 11.5.
2. Upon the receipt of notice of referral to mediation hereunderany state court located in, the receiving Party shall be compelled to mediate the Dispute or Controversy in accordance with the terms City of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or ControversyXxXxxxxx, Texas.
Appears in 1 contract
Samples: Grant and Development Agreement (Fresh Vine Wine, Inc.)
Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Lease Agreement or is related in any way to this Lease right, duty or obligation arising therefrom or the relationship of the Parties hereunder thereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this LeaseAgreement 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 11.5.
112.1. 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 11.5.112.1. Within fifteen (15) calendar days after delivery of any such Notice notice by one Party to the other Party regarding a Dispute or Controversy, Landlord Representative and the Tenant Representative each Party’s representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle the such Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Tenant RepresentativeParty’s representatives, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques forms of alternate 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) 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)-calendar day 15)-day period, then either Party may by notice to the other Party submit the Dispute or Controversy to mediation file suit in accordance with the provisions a court of Section 11.5.
2competent jurisdiction in Davidson County, Tennessee. Upon the receipt of notice of referral to mediation hereunder, the receiving Party shall be compelled to mediate the Dispute or Controversy in accordance with the terms of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or Controversy.MISCELLANEOUS PROVISIONS
Appears in 1 contract
Samples: Site Coordination Agreement
Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Lease Agreement or is related in any way to this Lease right, duty or obligation arising therefrom or the relationship of the Parties hereunder thereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this LeaseAgreement 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 11.5.
112.1. 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 11.5.112.1. Within fifteen (15) calendar days after delivery of any such Notice notice by one Party to the other Party regarding a Dispute or Controversy, Landlord Representative and the Tenant Representative each Party’s representative shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle the such Dispute or Controversy. If a mutual resolution and settlement are not obtained at the meeting of Landlord Representative and the Tenant RepresentativeParty’s representatives, they shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of alternate 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) 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)-calendar day 15)-day period, then either Party may by notice to the other Party submit the Dispute or Controversy to mediation file suit in accordance with the provisions a court of Section 11.5.
2competent jurisdiction in Davidson County, Tennessee. Upon the receipt of notice of referral to mediation hereunder, the receiving Party shall be compelled to mediate the Dispute or Controversy in accordance with the terms of Section 11.5.2 without regard to the justiciable character or executory nature of such Dispute or Controversy.EFFECT OF XXX COORDINATION AGREEMENTS
Appears in 1 contract
Samples: Site Coordination Agreement