The Disputes and Claims provisions of the Prime Agreement shall not apply to this Subconsultant Agreement. However, the Subconsultant shall provide the Consultant all necessary information and assistance to enable Consultant to comply with the Disputes and Claims provisions.
The Disputes and Claims provisions of the Prime Agreement shall not apply to this Subconsultant Agreement.
The Disputes. Board shall conduct its proceedings in accordance with the Commercial Rules, including time periods in which actions by the Disputes Board shall occur. “Commercial Rules” means the dispute resolution proceedings set forth in Attachment 2 attached hereto. For Fast-Track Disputes, the time frames provided in the Commercial Rules for Expedited Procedures (as defined in Attachment 2) shall apply in accordance with the Commercial Rules.
The Disputes. Committee shall make its decision with due observance of the provisions of the regulations that apply to it. The regulations of the Disputes Committee are available via xxxxxxxxxxxxxxxxxxxxx.xx and will be sent upon request. A fee is charged for handling a dispute. The decisions of the Disputes Committee are made by means of binding advice within the intention of Article 7: 900 of the Dutch Civil Code.
The Disputes. By this SETTLEMENT AGREEMENT, the parties intend on settling and resolving all disputes between the parties in the following actions: 1. That bankruptcy adversarial proceeding known as "Richxxx Xxxxxx, Xxdividually and on behalf of all other similarly situated Claimants vs. Stratosphere Corporation and Stratosphere Gaming Corporation," United States Bankruptcy Court, District of Nevada, Adversarial No. 982008 ("BANKRUPTCY ACTION"). 2. That Nevada State court action known as "Richxxx Xxxxxx, xxdividually and on behalf of all others similarly situated vs. Bob xxx Jane Xxx Xxxpxx, Xxb Xxxxxx Xxxerprises, Inc., Las Vegas Vacation Club, Inc., Grand Casinos, Inc., Grand Casinos Resorts, Inc., State of Nevada, County of Clarx, Xxghth Judicial District, Case Number A370127. ( The "NEVADA STATE ACTION" or together with THE BANKRUPTCY ACTION, the "ACTIONS".) 3. That interpleader action commenced in the BANKRUPTCY PROCEEDINGS entitled "The Bank of New York, Plaintiff vs. Stratosphere Corporation, a Delaware Corporation; Bob Xxxxxx xxx Vegas World Casino and Hotel; and Does 1-5, inclusive, Defendants," and the cross claim Stratosphere Corporation v. Bob Xxxxxx xxx Vegas World Casino & Hotel", Adversary No. 972286 ("INTERPLEADER ACTION"). 4. That certain Motion To Authorize; (1) Payment of Proof of Claim; (2) Expenditure Outside The Ordinary Course of Business; and (3) To Deposit Monies in
The Disputes. Committee shall notify the Disputing Parties and MEC in writing of its decision in relation to a Dispute, along with its full reasons for that decision (the decision and the reasons for it together being a "Decision"), within 25 Working Days of the reference of a Dispute to it, following which MEC shall prepare and circulate to all parties to this Agreement a summary of the Decision, provided that such summary shall be prepared so that, so far as is possible, no Disputing Party may be identified from it and so that it does not include any commercially sensitive information; 37.6.18 subject to the additional provisions of Clause 37.6.19, and subject to MEC's obligation to circulate summaries of Decisions pursuant to Clause 37.6.17, all information relating to the proceedings of the Disputes Committee shall be Confidential Information and the members of the Disputes Committee shall be required to undertake to keep the proceedings of the Disputes Committee confidential subject to the exceptions and restrictions set out in Clause 35; and 37.6.19 the proceedings of the Disputes Committee and, if the Dispute is referred to arbitration pursuant to Clause 37.7 or to the court pursuant to Clause 37.9, the Decision shall be without prejudice and the parties shall not call any member of the Disputes Committee to give evidence at any arbitration or in any litigation before any court of competent jurisdiction save to enforce a Decision. Arbitration 37.7 Following notification of the Disputes Committee's Decision in relation to a Dispute pursuant to clause 37.6.17, or upon the failure of the Disputes Committee to notify the Disputing Parties of its Decision pursuant to Clause 37.6.17 within 25 Working Days of the reference of the Dispute to it, any Disputing Party may refer the Dispute to arbitration pursuant to the arbitration rules of the EAA within 15 Working Days after the date of notification of the Decision or within 15 Working Days after the date by which the Disputes Committee ought to have but failed to notify the Disputing Parties of its Decision. 37.8 Whatever the nationality residence or domicile of any Disputing Party and wherever the Dispute or any part thereof arose the law of England shall be the proper law of any reference to arbitration hereunder and in particular (but not so as to derogate from the generality of the foregoing) the seat of any such arbitration shall be England and Wales and the provisions of the Arbitration Acx 0000 xhall apply to any ...
The Disputes. Panel Secretary shall distribute by facsimile or other electronic means (having regard to confidentiality) to each Disputes Panel Member, all documentation received relating to the Dispute; and 42.4.2 The Disputes Panel meeting shall be held by telephone or other electronic means where all Disputes Panel Members attending the meeting can speak to and hear each other. 42.5
