Venue and Dispute Resolution. Notwithstanding anything to the contrary set forth in the Incorporated End Customer Contract, but subject to Article 4, venue for the resolution of disputes between COALSALES and Patriot under this Agreement will lie exclusively in the federal courts of jurisdiction in the Eastern District of Missouri.
Venue and Dispute Resolution. Subject to Article 6 of this Agreement, venue for the resolution of disputes between COALSALES II and Patriot under this Agreement will lie exclusively in the federal courts of jurisdiction in the Eastern District of Missouri.
Venue and Dispute Resolution. No Party to this Agreement shall have standing to dispute another Party's use of sales tax revenues for Bond Payments, or other financing options, so long as the sales tax revenue is used in a manner consistent with the law and this Agreement. This paragraph establishes the sole and exclusive process for disputes arising under this Agreement, except as otherwise set forth herein. If any dispute arises as to the administration, including duties, rights, defaults, obligations, of this Agreement between any City and the County, or among the Cities, such dispute shall be progressively resolved in the following manner, depending on the identity of the disputing Parties:
a. Through negotiations between the County Sheriff, City’s Mayor and the County Executive, or their designees. In the event that the disputing Parties do not reach agreement within 90 days of commencing negotiations, the matter will be submitted to binding arbitration. The disputing Parties may mutually agree to extend the negotiation period. If the disputing Parties cannot agree upon the selection of an impartial arbitrator within fourteen days of a written request for arbitration by either of the disputing Parties, the arbitrator shall be selected as provided in the Superior Court Mandatory Arbitration Rules by a judge of the Superior Court of Skagit County, unless otherwise agreed by the disputing Parties. The arbitration shall be conducted pursuant to the Superior Court Mandatory Arbitration Rules. Each disputing Party shall pay all its own costs and fees of arbitration regardless of the results of arbitration. The disputing Parties will share equally in the Arbitrator’s fee. The disputing Parties agree that all contractual remedies allowed by law are available under this Agreement and may be granted by the Arbitrator, including, but not limited to, actual damages for breach and equitable relief. The disputing Parties hereby stipulate and agree that discovery in an arbitration shall not be subject to mandatory arbitration rules and instead shall be subject to the Superior Court Civil Rules. In the event that a disputing Party seeks equitable relief, the matter will be subject to the arbitration provisions in this paragraph, but if equitable relief or other remedies cannot be determined or granted by an arbitrator, the disputing Party seeking equitable relief may seek remedies in Superior Court. The Cities agree that the payments made toward TOTAL CAPITAL COST required under this Agreement wi...
Venue and Dispute Resolution. This paragraph establishes the sole and exclusive remedy for disputes arising under this Agreement, except as otherwise set forth herein. In the event of any dispute arising under this Agreement, the parties shall, as a material condition precedent to any suit under this Agreement, provide formal written notice of the dispute to the other party, and engage in formal mediation using a mutually agreed upon mediator. If the parties are unable to agree on a mediator within fifteen (15) days of written notice, either party may bring suit in Skagit County Superior Court for the sole purpose of seeking appointment of a mediator. If the parties are unable to resolve their differences within thirty (30) days after mediation, venue and jurisdiction for any action arising under this Agreement shall lie in the Courts of Skagit County, Washington. In the event of any dispute arising under this Agreement, the Court shall award attorney fees, costs, expert witness fees, mediation costs, and all other costs related to the dispute to the prevailing party.
Venue and Dispute Resolution. This Agreement is performable entirely in Xxxxxxxx County, Texas, and shall be governed, construed, and enforced under the laws of the State of Texas. The parties shall attempt to resolve claims and disputes relating to this Agreement, or its breach, through direct discussions or, if those discussions fail, through non-binding alternative dispute resolution as provided in Chapter 154, Texas Civil Practice and Remedies Code. If the claim or dispute is unresolved after the non- binding alternative dispute resolution, it shall be resolved in accordance with the laws of the State of Texas. Mandatory and exclusive venue for any lawsuit or adjudicative proceeding brought by either party to this contract shall be in Xxxxxxxx County, Texas.
Venue and Dispute Resolution. No Party to this Agreement shall have standing to dispute the County's use of sales tax revenues for Bond Payments, or other financing options, so long as the County uses the sales tax revenue consistent with the law and this Agreement. This paragraph establishes the sole and exclusive remedy for disputes arising under this Agreement, except as otherwise set forth herein. If any dispute arises as to the administration, including duties, rights, defaults, obligations, of this Agreement between any City party to this Agreement and the County, such dispute shall be progressively resolved in the following manner:
a. Through negotiations between the City and the County's respective contacts.
b. Through negotiations between the City’s Mayor and the County Executive. In the event that the City and the County do not reach agreement within 90 days of commencing negotiations, the matter will be submitted to binding arbitration. The City and the County may mutually agree to extend the negotiation period. If the City and the County cannot agree upon the selection of an impartial arbitrator within fourteen days of a written request for arbitration by either the City or the County, the arbitrator shall be selected as provided in the Superior Court Mandatory Arbitration Rules by a judge of the Superior Court of Skagit County, unless otherwise agreed by the Parties. The arbitration shall be conducted pursuant to the Superior Court Mandatory Arbitration Rules. Each Party shall pay all their own costs and fees of arbitration regardless of the results of arbitration. The Parties will share equally in the Arbitrator’s fee.
Venue and Dispute Resolution. This paragraph establishes the sole and exclusive remedy for disputes arising under this Partnership Agreement, except as otherwise set forth herein. In the event of any dispute arising under this Partnership Agreement, the parties shall, as a material condition precedent to any suit under this Partnership Agreement, provide formal written notice of the dispute to the other party, and engage in formal mediation using a mutually agreed upon mediator. If the parties are unable to agree on a mediator within fifteen (15) days of written notice, either party may bring suit in Skagit County Superior Court for the sole purpose of seeking appointment of a mediator. If the parties are unable to resolve their differences within thirty (30) days after mediation, venue and jurisdiction for any action arising under this Partnership Agreement shall lie in the Courts of Skagit County, Washington. In the event of any dispute arising under this Partnership Agreement, the Court shall award attorney fees, costs, expert witness fees, mediation costs, and all other costs related to the dispute to the prevailing party.
Venue and Dispute Resolution. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL PARTIES HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY AGREES THAT ANY DISPUTE ARISING UNDER THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN JAMS IN DALLAS COUNTY, CONDUCTED ACCORDING TO THE APPLICABLE JAMS RULES FOR DISPUTE RESOLUTION AND ARBITRATION. IN THE EVENT THAT THE CLIENT IS LOCATED OUTSIDE OF TEXAS, THE PARTIES AGREE THAT ARBITRATION MAY BE CONDUCTED VIRTUALLY, OR IN A NEUTRAL LOCATION AGREED UPON BY THE PARTIES, SUBJECT TO THE RULES AND PROCEDURES SET BY JAMS. EACH PARTY ACKNOWLEDGES THAT BY AGREEING TO THIS PROVISION, THEY ARE FOREGOING THE RIGHT TO BRING SUIT IN ANY COURT.
Venue and Dispute Resolution. No party to this Agreement shall have standing to dispute the County's use of sales tax revenues for Bond Payments so long as the County uses the sales tax revenue consistent with this Agreement. This paragraph establishes the sole and exclusive remedy for disputes arising under this Agreement, except as otherwise set forth herein. If a dispute arises as to the administration of this Agreement between any City party to this Agreement and the County, such dispute shall be progressively resolved in the following manner:
a. Through negotiations between the City and the County's respective contacts.
b. Through negotiations between the City’s Mayor and the County Executive. In the event that the City and the County do not reach agreement within 90 days of commencing negotiations, the matter will be submitted to binding arbitration. The City and the County may mutually agree to extend the negotiation period. If the City and the County cannot agree upon the selection of an impartial arbitrator within fourteen days of a written request for arbitration by either the City or the County, the arbitrator shall be selected as provided in the Superior Court Mandatory Arbitration Rules by a judge of the Superior Court of Skagit County. The arbitration shall be conducted pursuant to the Superior Court Mandatory Arbitration Rules.
Venue and Dispute Resolution. The construction, validity and performance of this Agreement and all non- contractual obligations arising out of or in connection with the Agreement shall be governed by the laws of England and the courts of England shall have exclusive jurisdiction.
