Voluntary Resolution. In order to avoid contentious litigation and to resolve any disputes as amicably as possible, the Parties agree that any dispute arising out of or relating to this Agreement that cannot be resolved between the Parties, whether in contract, tort, under statutory law, or otherwise, shall be resolved either (i) through discussion between the chief executive officers of the Parties (ii), voluntary non-binding mediation pursuant to Section 16.2 below, or other mutually agreed alternative dispute resolution methods, or (iii) failing resolution through steps (i) and (ii), by litigation. Either Party may commence the process of dispute resolution by written notice to the other of the matter in dispute and providing a written description of the Party’s position with respect to the dispute. In the next thirty (30) days following such notice, the officers described above, or their designees, shall use their best efforts to resolve the dispute. If, however, the Parties are unable to reach agreement after using their best and good faith efforts to resolve the dispute within such thirty (30) day period or such additional period as the Parties may agree, then either Party may initiate non-binding mediation proceedings in accordance with Section 16.2.
Voluntary Resolution. In recognition of the government-to-government relationship of the Tribe and the County, the Parties will make their best efforts to resolve disputes that arise under this Agreement by good faith consultation. Whenever possible Consultation between the County and Tribe shall be conducted in a way that is mutually respectful of each party’s sovereignty and shall protect confidentiality of the issues raised in the discussion.
Voluntary Resolution. In recognition of the government-to-government relationship of the Tribe and the County, the Parties will make their best efforts to resolve disputes that arise either under this Amended MOA or regarding matters that arise outside of this Amended MOA by good faith consultation whenever possible. For purposes of this Amended MOA Consultation between the County and Tribe shall be conducted in a way that is mutually respectful of each party’s sovereignty and shall protect confidentiality of the issues raised in the discussion, to the extend allowed under law.
Voluntary Resolution. Reference to Other Means of Resolution: In recognition of the government-to-government relationship between the Tribe and the County, the parties will make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible. Therefore, without prejudice to the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the parties hereby establish a threshold requirement that disputes between the Tribe and the County first be subjected to a process of meeting and conferring in good faith in order to xxxxxx a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this Agreement, as follows:
(a) Either party will give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved.
(b) The Parties will meet and confer in a good faith attempt to resolve the dispute through negotiation not later than ten (10) days after receipt of the notice, unless both Parties agree in writing to an extension of time.
(c) If the dispute is not resolved to the satisfaction of the parties within 30 calendar days after the first meeting, then either party may seek to have the dispute resolved by an arbitrator in accordance with this Section.
(d) Disagreements that are not otherwise resolved by arbitration or other mutually acceptable means as provided in this Section may be resolved through arbitration utilizing the American Arbitration Association’s Commercial Arbitration Rules. The disputes to be submitted to arbitration include, but are not limited to, claims of breach or violation of this Agreement. In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the County on the grounds that the Tribe has failed to exhaust its administrative remedies. The parties agree that, except in the case of imminent threat to the public health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to resorting to the arbitral process.
Voluntary Resolution. As long as any of the cards issued under this agreement is in force, CaixaBank Payments & Consumer may not request its termination except as provided in the general condition of this agreement relating to “Termination due to Cause". If applicable, CaixaBank Payments & Consumer must notify the contracting party of its decision to terminate the agreement at least two months before the date on which it is to take effect. When it is the contracting party who instigates the termination of the agreement, they must notify CaixaBank Payments & Consumer of their decision at least one month in advance and, in all cases, the associated cards must be returned and the debt must be settled in full and in advance. In any of the above cases and with respect to the price of the periodically accrued services, the contracting party shall only have to pay the proportional part due up to the time when the termination takes effect. Any excess received in advance by CaixaBank Payments & Consumer will be reimbursed by crediting the Associated Account.
Voluntary Resolution. In recognition of the government-to- government relationship of the Tribe and the County, the parties will make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible. Therefore, without prejudice to the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the parties hereby establish a threshold requirement that disputes between the Tribe and the County first be subjected to a process of meeting and conferring in good faith in order to xxxxxx a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this Agreement, as follows:
(1) Either Party will give the other Party, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved.
(2) The Parties will meet and confer in a good faith attempt to resolve the dispute through negotiation not later than 10 days after receipt of the notice, unless both Parties agree in writing to an extension of time.
(3) If the dispute is not resolved to the satisfaction of the Parties within 30 calendar days after the first meeting, then either Party may seek to have the dispute resolved by a mediator in accordance with this Section, but neither Party will be required to agree to submit to mediation.
(4) Disagreements that are not otherwise resolved by mediation or other mutually acceptable means as provided in this Section may be resolved in the Superior Court of the State of California, County of Kings. The disputes to be submitted to court action include, but are not limited to, claims of breach or violation of this Agreement. In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the County on the grounds that the Tribe has failed to exhaust its administrative remedies. The Parties agree that, except in the case of imminent threat to the public health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to resorting to judicial process.
