Termination Dispute Resolution Sample Clauses

Termination Dispute Resolution. In the event the Authority terminates the Agreement on account of any of the specified defaults of the Contractor, the Agreement allows the Authority to forfeit the performance security of the Contractor. Similarly, defaults by the Authority are proposed to qualify for adequate compensatory payments to the contractor. The Agreement also addresses issues relating to dispute resolution and provides a mechanism for the same. THIS AGREEMENT1 is entered into on this the ……….. day of ………, 20….. 1 [The President of India, represented by ***, *** Railway, [Delhi], and having its principal offices at ******, [Delhi 110001]] (hereinafter referred to as the “Authority” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) of One Part;
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Termination Dispute Resolution. In the event the Authority terminates the Agreement on account of any of the specified defaultsof the Contractor, the Agreement allows the Authority to forfeit the performance security &retention money of the Contractor. Similarly, defaults by the Authority are proposed to qualify for adequate compensatory payments to the contractor. The Agreement also addresses issuesrelating to dispute resolution and provides a mechanism for the same. THIS AGREEMENT is entered into on this the day of 20
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Termination Dispute Resolution. A Party may terminate this Agreement in the event that (a) the other Party fails to perform any material term, covenant or agreement to be observed or performed by them under this Agreement, and such failure shall continue for twenty (20) days following written notice from the other Party; or (b) the other Party becomes insolvent or admits its inability to pay its debts as they mature or makes an assignment for the benefit of its creditors; or (c) a proceeding in bankruptcy or for the reorganization of the other Party, the readjustment of any of its debts under the Bankruptcy Code or any other laws, whether state or federal, for the relief of debtors shall be commenced by the other Party, or shall be commenced against the other Party and not discharged within ninety (90) days after the commencement thereof; or (d) a receiver or trustee shall be appointed for the other Party for any substantial part of their assets, or any proceeding shall be instituted for dissolution or the full or partial liquidation of the other Party. Within thirty (30) days of termination of this Agreement, Live Nation, shall return to Premier or otherwise dispose of as Premier may direct all pamphlets, literature, contractual documentation, photographs, catalogues, advertising material, specifications, cost estimates and other materials, documents and papers whatsoever belonging to Premier and sent to Live Nation relating to the Exhibition (other than correspondence between the Parties) which Live Nation may have in its possession or under its control. If there is a dispute or a disagreement (“Dispute”) between the Parties in connection with this Agreement, senior officers of each of the Parties, within five (5) days of such Dispute, shall meet in good faith to resolve such Dispute, and, if such Dispute cannot be resolved by such senior officers within ten (10) days of such dispute, either Party may seek court intervention.
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Termination Dispute Resolution. 8.1. Either party may, by written notice, initiate a dispute about any component of the Consulting Services and/or any breach of an obligation under this Agreement. 8.2. If a dispute or breach arises, the parties will attempt to resolve it by good faith discussions within 15 working days after the written notice is received. Good faith requires both parties to work constructively towards a resolution and may include the provision of documentation by the Client to Crimson Education. 8.3. A resolution may include a combination of any of the following: (a) alteration of the Consulting Services to better suit the Student’s new education pathway; (b) transfer of the value of unused Consulting Services into other services provided by Crimson Education or its subsidiaries at a conversion rate determined by Crimson Education; (c) transfer of the unused services to a sibling or current Crimson Education Student subject to an administration fee of up to 15% of the total value of the services being transferred; (d) temporary suspension of the Consulting Services with a pre-determined recommencement date; (e) cancellation of a component of the Consulting Services; (f) early termination under special circumstances; and/or
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Termination Dispute Resolution. This Agreement may be terminated by the Board of Education at any time during its term in the event of the Superintendent's death, retirement, voluntary resignation of employment, or for just cause. For purposes of this Agreement, termination for just cause shall mean: (a) the Superintendent engaging in misconduct or a violation of Board of Education policies or directives; (b) gross negligence, breach of this Agreement, fraud, dishonesty; or the Superintendent's conviction of a felony; (c) failure to satisfy the continuing education requirements established by the State of Michigan Board of Education. The Superintendent shall be afforded an opportunity for a hearing before the Board of Education regarding termination if he desires. This hearing may be conducted in private session of the Board of Education at the option of the Superintendent. The Superintendent shall be permitted to attend this hearing with a legal representative of his own choosing at his personal expense. In the event of a dispute between the parties relating to any provision of this Agreement, or a dispute concerning any of the parties' rights or obligations as defined pursuant to the Agreement, the parties hereby agree to submit such to binding arbitration. Such arbitration shall be conducted under the labor arbitration rules of, and administered by, the American Arbitration Association for labor disputes which shall include discovery and subpoena powers. Discovery shall be limited to that allowed under the Federal Rules of Civil Procedure. The arbitrator's fee and the expense of the American Arbitration Association shall be mutually shared by both parties. All parties are entitled to have representation of their own designation; however each party shall be responsible for the costs of such respective representation. The Superintendent may terminate this Agreement by giving the Board of Education at least ninety (90) days written notice of resignation or upon mutual agreement. Upon receipt of a notice of resignation from the Superintendent, the Board of Education will take immediate action to seek a replacement. Any notice of resignation given after July 1 of any fiscal year and intended to be effective prior to June 30 of such fiscal year need not be accepted for up to ninety (90) days after notice is received by the Board of Education, unless otherwise mutually agreed to in writing.
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Termination Dispute Resolution. 10.1 Cancellation and/or termination of the Agreements and/or any order for goods shall not be permitted except strictly pursuant and subject to Seller's Foundry Procedures. 10.2 Buyer and Seller shall cooperate and attempt in good faith to resolve any and all disputes arising out of and/or relating to any Agreement and/or goods as described in Seller's Foundry Procedures. 10.3 Any disputes relating to and/or arising out of any Agreement and/or goods which cannot be so resolved will be decided exclusively by binding arbitration under procedures which ensure efficient and speedy resolution. The specific procedures concerning such arbitrations shall be pursuant to the Rules for International Arbitrations under the American Arbitration Association, as described in more detail in Seller's Foundry Procedures. 10.4 Notwithstanding anything to the contrary, any party may apply to any court of competent jurisdiction for interim injunctive relief with respect to irreparable harm which cannot be avoided and/or compensated by such arbitration proceedings, without breach of this Section 10 and without any abridgment of the powers of the arbitrators.
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Termination Dispute Resolution 
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Related to Termination Dispute Resolution

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • 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).

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Governing Law; Dispute Resolution (a) This Limited Guarantee shall be interpreted, construed and governed by and in accordance with the Laws of the State of New York without regard to the conflicts of law principles thereof that would subject such matter to the Laws of another jurisdiction other than the State of New York. (b) Any disputes, actions and proceedings against any party or arising out of or in any way relating to this Limited Guarantee shall be submitted to the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Arbitration Rules of HKIAC in force at the relevant time (the “Rules”) and as may be amended by this Section 10(b). The place of arbitration shall be Hong Kong. The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”). The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be nominated jointly by the first two Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate or agree on the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the Rules, such Arbitrator shall be appointed promptly by the HKIAC. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any party to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum. (c) Notwithstanding the foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in Section 10(b), any party may, to the extent permitted under the Laws of the jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the Laws of the State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Section 10(c) is only applicable to the seeking of interim injunctions and does not restrict the application of Section 10(b) in any way.

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Xxx Xxxxx County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • 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.

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