THE CUSTOMER’S ELECTION Sample Clauses

THE CUSTOMER’S ELECTION. 23.3.1 The Customer may elect mediation at any time, regardless of whether arbitration or judicial proceedings have been commenced, and the Customer’s commencement of or participation in such arbitration or judicial proceedings shall not waive the Customer’s right to later elect mediation. 23.3.2 The Customer may elect arbitration at any time, regardless of whether the Customer has previously elected mediation or whether judicial proceedings have been commenced, and the Customer’s commencement of or participation in such mediation or judicial proceedings shall not waive the Customer’s right to later elect arbitration. 23.3.3 RES may not commence any judicial proceedings against the Customer without first offering the Customer the opportunity to initially elect mediation or arbitration by notifying the Customer in writing of the nature of the dispute, the factual basis for its claims, and the amount or other relief claimed. If the Customer does not make its election within thirty (30) days after such notice, RES may proceed to resolve such dispute through judicial proceedings. The Customer’s failure to elect mediation or arbitration within such thirty (30) day period shall not, however, waive the Customer’s right to later elect mediation or arbitration. The Customer may elect mediation and if no settlement is reached, thereafter elect arbitration or litigation. 23.3.4 Except as provided in paragraphs 24.3.1 through 24.3.3, in the absence of the Customer’s election for mediation or arbitration, the parties shall have the right to resolve their disputes under the Agreement through judicial proceedings. 23.3.5 The Customer shall have the right to elect mediation and/or arbitration with RES’s Surety under the surety bonds to the same extent and in the same manner as the Customer’s right to so elect with RES under this Article 24. The Surety shall be bound by the terms of this Article 23 with respect to any mediation or arbitration elected by the Customer under the surety bonds and shall assume toward the Customer all of the duties, obligations and responsibilities which RES assumes toward the Customer under this Article 23 in the event of such an election. Any separate bond defenses or claims raised by the Surety may, at the Customer’s election, be made part of such mediation or arbitration.
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Related to THE CUSTOMER’S ELECTION

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  • JOC - PRICING OF After Hours Coefficient What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours? (FAILURE TO RESPOND PROHIBITS PART 2 JOC EVALUATION)

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  • PRICING OF After Hours Coefficient What is your after hours coefficient for the RS Means Price Book for work performed after normal working hours?

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