Common use of Third Party Disputes Clause in Contracts

Third Party Disputes. If any dispute involves parties other than Owner, Consultant or a Consultant Representative that is bound by these dispute resolution provisions, this Section 21 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided herein, Owner may, in its sole and absolute discretion, elect any one of the following options: (a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives shall be bound and all proceedings herein shall thereafter be stayed, all statutes of limitations tolled, and all rights, as between or among Owner, Consultant, or any Consultant Representative involved in the dispute are preserved pending the outcome of the Third-Party Action; (b) Join Consultant or any Consultant Representative in the Third-Party Action to the fullest extent permitted by law, without regard to the procedural requirements established herein, and therefore resolve all disputes with Consultant and any such Consultant Representative relating to the Third-Party Action; or (c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative being litigated in the Third-Party Action in accordance with the procedures set forth herein.

Appears in 3 contracts

Samples: General Agreement for Consulting Services, General Agreement for Consulting Services, General Agreement for Consulting Services

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Third Party Disputes. If any dispute involves parties other than Owner, Consultant or a Consultant Representative that is bound by these dispute resolution provisions, this Section 21 22 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided herein, Owner may, in its sole and absolute discretion, elect any one of the following options: (a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives shall be bound and all proceedings herein shall thereafter be stayed, all statutes of limitations tolled, and all rights, as between or among Owner, Consultant, or any Consultant Representative involved in the dispute are preserved pending the outcome of the Third-Party Action; (b) Join Consultant or any Consultant Representative in the Third-Third- Party Action to the fullest extent permitted by law, without regard to the procedural requirements established herein, and therefore resolve all disputes with Consultant and any such Consultant Representative relating to the Third-Party Action; or (c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative being litigated in the Third-Party Action in accordance with the procedures set forth herein.

Appears in 2 contracts

Samples: General Agreement for Consulting Services, General Agreement for Consulting Services

Third Party Disputes. If any dispute involves parties other than Owner, Consultant or a Consultant Representative that is bound by these dispute resolution provisions, this Section 21 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided herein, Owner may, in its sole and absolute discretion, elect any one of the following options: (a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives shall be bound and all proceedings herein shall thereafter be stayed, all statutes of limitations tolled, and all rights, as between or among Owner, Consultant, or any Consultant Representative involved in the dispute are preserved pending the outcome of the Third-Party Action; (b) Join Consultant or any Consultant Representative in the Third-Third- Party Action to the fullest extent permitted by law, without regard to the procedural requirements established herein, and therefore resolve all disputes with Consultant and any such Consultant Representative relating to the Third-Party Action; or (c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative being litigated in the Third-Party Action in accordance with the procedures set forth herein.

Appears in 1 contract

Samples: General Agreement for Consulting Services

Third Party Disputes. If any dispute involves parties other than Owner, Consultant or a Consultant Representative that is bound by these dispute resolution provisions, this Section 21 23 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided herein, Owner may, in its sole and absolute discretion, elect any one of the following options: (a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives shall be bound and all proceedings herein shall thereafter be stayed, all statutes of limitations tolled, and all rights, as between or among Owner, Consultant, or any Consultant Representative involved in the dispute are preserved pending the outcome of the Third-Party Action; (b) Join Consultant or any Consultant Representative in the Third-Third- Party Action to the fullest extent permitted by law, without regard to the procedural requirements established herein, and therefore resolve all disputes with Consultant and any such Consultant Representative relating to the Third-Party Action; or (c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative being litigated in the Third-Party Action in accordance with the procedures set forth herein.

Appears in 1 contract

Samples: General Agreement for Consulting Services

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Third Party Disputes. If any dispute involves parties other than OwnerOwner and Architect, Consultant or a Consultant Representative another person or entity that is bound by these dispute not a party to this Agreement is a necessary party to final resolution provisionsof the matter in controversy, this Section 21 Article 7 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided hereinin this Agreement, Owner may, in its sole and absolute discretion, elect any one of the following options: (a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives the Architect shall be bound and all proceedings herein shall thereafter be stayed, all statutes statute of limitations tolled, and all rights, rights as between or among Owner, Consultant, or any Consultant Representative Owner and Architect involved in the dispute are preserved pending the outcome of the Third-Party Action; (b) Join Consultant or any Consultant Representative Architect in the Third-Party Action to the fullest extent permitted by law, without regard to the procedural requirements established hereinin this Agreement, and therefore resolve all disputes with Consultant and any such Consultant Representative Architect relating to the Third-Party Action; or (c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative the Architect being litigated in the Third-Party Action in accordance with the procedures set forth herein.,

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect for Housing Services

Third Party Disputes. If any dispute involves parties other than Owner, Consultant or a Consultant Representative that is bound by these dispute resolution provisionsRepresentative, this Section 21 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided herein, Owner may, in its sole and absolute discretion, elect any one of the following options: (a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives shall be bound and all proceedings herein shall thereafter be stayed, all statutes of limitations tolled, and all rights, as between or among Owner, Consultant, or any Consultant Representative involved in the dispute are preserved pending the outcome of the Third-Party Action; (b) Join Consultant or any Consultant Representative in the Third-Third- Party Action to the fullest extent permitted by law, without regard to the procedural requirements established herein, and therefore resolve all disputes with Consultant and any such Consultant Representative relating to the Third-Party Action; or (c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative being litigated in the Third-Party Action in accordance with the procedures set forth herein.

Appears in 1 contract

Samples: General Agreement for Consulting Services

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