Voluntary Resolution; Court Resolution Sample Clauses
The 'Voluntary Resolution; Court Resolution' clause establishes the procedures parties must follow to resolve disputes arising under the agreement. Initially, it requires the parties to attempt to settle disagreements through direct negotiation or other informal means before resorting to formal legal action. If these voluntary efforts fail, the clause then permits the dispute to be resolved by a court of competent jurisdiction. This approach encourages efficient and amicable dispute resolution, potentially saving time and costs, while also providing a clear path to litigation if informal methods are unsuccessful.
Voluntary Resolution; Court Resolution. In recognition of the government-to-government relationship of the Tribe and the State, the parties shall make their best efforts to resolve disputes that arise under this Compact by good faith negotiations whenever possible. Therefore, except for the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the Tribe and the State (for purposes of this section 13.0 also referred to as the “party” or “parties”) shall seek to resolve disputes by first meeting and conferring in good faith in order to ▇▇▇▇▇▇ a spirit of cooperation and efficiency in the administration and monitoring of the performance and compliance of the terms, provisions, and conditions of this Compact, as follows:
(a) Either party shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth the facts giving rise to the dispute and with specificity, the issues to be resolved.
(b) The other party shall respond in writing to the facts and issues set forth in the notice within fifteen (15) days of receipt of the notice, unless both parties agree in writing to an extension of time.
(c) The parties shall meet and confer in good faith by telephone or in person in an attempt to resolve the dispute through negotiation within thirty (30) days after receipt of the notice set forth in subdivision (a), unless both parties agree in writing to an extension of time.
(d) If the dispute is not resolved to the satisfaction of the parties after the first meeting, either party may seek to have the dispute resolved by an arbitrator in accordance with this section, but neither party shall be required to agree to submit to arbitration.
(e) Disputes that are not otherwise resolved by arbitration or other mutually agreed means may be resolved in the United States District Court in the judicial district where the Tribe’s Gaming Facility is located, or if the federal court lacks jurisdiction, in any state court of competent jurisdiction in or over the relevant County. The disputes to be submitted to court action include, but are not limited to, claims of breach of this Compact, and failure to negotiate in good faith as required by the terms of the Compact, provided that the remedies expressly provided in section 13.4, subdivision (a)(ii) are the sole and exclusive remedies available to either party for issues arising out of this Compact, and supersede any remedies otherwise available, whether at...