DISPUTE DETERMINATION Sample Clauses

DISPUTE DETERMINATION. ANY DISPUTE BETWEEN YOU AND A XX XXXXXX ENTITY DIRECTLY OR INDIRECTLY BASED UPON, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH XX XXXXXX’X BUSINESS, ANY OBLIGATION, THIS AGREEMENT, ANY CLAIM BY YOU AGAINST A XX XXXXXX ENTITY OR ANY CLAIM BY A XX XXXXXX ENTITY AGAINST YOU (REFERRED TO COLLECTIVELY HEREIN AS A “DISPUTE”) SHALL BE DETERMINED BY LITIGATION IN A COURT EXCEPT THAT WITH RESPECT TO DISPUTES WHICH ARE ELIGIBLE FOR ARBITRATION PURSUANT TO FINRA RULE 10101 AND/OR THE RULES OF THE NYSE, AS ADOPTED BY FINRA, EITHER PARTY RETAINS THE RIGHT TO PROCEED BY OR COMPEL ARBITRATION. IF EITHER PARTY CHOOSES TO PROCEED BY ARBITRATION, YOU AND XX XXXXXX AGREE TO THE PROCEDURES, AND TO ABIDE BY THE REQUIREMENTS, LISTED IN SECTION 20 BELOW. SHOULD EITHER PARTY CHOOSE TO PROCEED BY LITIGATION, YOU AND XX XXXXXX AGREE TO FOLLOW THE PROCEDURES, AND TO ABIDE BY THE REQUIREMENTS, LISTED IN THIS SECTION 19. IF THIS SECTION 19 OR SECTION 20 IS INCONSISTENT WITH THE PROVISIONS OF ANY OTHER AGREEMENT, THIS SECTION 19 AND SECTION 20 SHALL PREVAIL; PROVIDED, HOWEVER, IF THE DISPUTE ARISES SOLELY WITH RESPECT TO A TRANSACTION ARISING UNDER A GOVERNING AGREEMENT, YOU AND XX XXXXXX AGREE TO FOLLOW THE PROCEDURES, AND ABIDE BY THE REQUIREMENTS, LISTED IN SUCH GOVERNING AGREEMENT. (MKL) Standard Form IAA 2017-02-15
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DISPUTE DETERMINATION. If Xxxxxx refused to fulfill the "Trade Assurance Terms", Buyer may submit a request to Xxxxxxx.xxx for dispute determination in accordance with the terms of " Trade Assurance Services Rules ". Each of the Buyer and Xxxxxx agrees to abide by the terms and conditions of the " Trade Assurance Services Rules " (including those versions updated from time to time).
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DISPUTE DETERMINATION. Any dispute on any matter arising out of or pursuant to the Agreement shall be solved in the following manner. All disputes arising in connection with the Agreement which cannot be settled by proper and continuous discussion between the parties shall be referred to the Chief Executives of the parties for negotiation. If resolution cannot then be achieved within a reasonable time and to the mutual satisfaction of the parties, the dispute may be submitted by either party to any court having jurisdiction to settle the matter.
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DISPUTE DETERMINATION. 5.1 If K20AU and the Subconsultant are in dispute regarding any matter arising out of the Agreement, then either party may by notice in writing served on the other require that such dispute be resolved by the determination of an independent third party acceptable to both parties. If the parties cannot agree on an independent third party within seven (7) days of the date of service of the notice then either party may request the President of the Australian Institute of Arbitrators, to nominate the third party. The third party who has been agreed upon or appointed shall act as an expert and not as an arbitrator and their decision shall be final and binding upon K20AU and the Subconsultant.
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DISPUTE DETERMINATION. 16.1 If any dispute arises between the parties in relation to this Agreement, the parties shall endeavour to resolve that dispute by negotiation in good faith.
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DISPUTE DETERMINATION. In the event that the participants are unable to reach agreement as to any the forgoing requirements respecting new extensions or additions to the Facilities within Section 3(c) or Section 4 above so as to facilitate the provision of Services to any new subdivision or development or both or portions of the Franchise Area:
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DISPUTE DETERMINATION. 12.1 It is acknowledged between the parties that any dispute arising between the parties in relation to this Agreement (the “Disputed Matters”) shall be dealt with strictly in accordance with the procedure and timetable set out in Clause 12.2 below.
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DISPUTE DETERMINATION. 11.1. If any dispute arises between the parties in relation to the effect of this agreement and that dispute is not mutually resolved within one (1) calendar month, the parties may appoint a person independent of the Company to resolve the dispute, failing which the dispute may be referred to an arbitrator appointed by the President for the time being of the Queensland Law Society.
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DISPUTE DETERMINATION 
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Related to DISPUTE DETERMINATION

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Dispute Escalation In the event of a Dispute between the Parties, the Parties will first attempt to resolve such dispute by negotiation and consultation between themselves or the JSC. In the event that such dispute is not resolved on an informal basis within [***] days from receipt of the written notice of a Dispute, any Party may, by written notice to the other, have such dispute referred to the Executive Officers (or their designees, which designee is required to have decision-making authority on behalf of such Party), who will attempt to resolve such Dispute by negotiation and consultation for a [***] day period following receipt of such written notice.

  • Committee Determination Any adjustments or other action pursuant to this Section 4 shall be made by the Committee, and the Committee's determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

  • Final Determination His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon.

  • Audit Dispute In the event of a dispute with respect to any audit, Caribou and AbbVie shall work in good faith to resolve the disagreement. If the Parties are unable to reach a mutually acceptable resolution of any such dispute within [***] days, the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s certified public accountants or to such other Person as the Parties shall mutually agree (the “Audit Arbitrator”). The decision of the Audit Arbitrator shall be final and the costs of such arbitration as well as the initial audit shall be borne between the Parties in such manner as the Audit Arbitrator shall determine. Not later than [***] days after such decision and in accordance with such decision, the audited Party shall pay the additional amounts, with interest from the date originally due, or the auditing Party shall reimburse the excess payments, as applicable.

  • Indemnification Determinations Indemnification of an Indemnified Person pursuant to Section 8.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Indemnified Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Indemnified Person was not liable by reason of Disabling Conduct. In making such a determination, the Board of Trustees of the Trust shall act in conformity with then applicable law and administrative interpretations, and shall afford a Trustee requesting indemnification who is not an “interested person” of the Trust, as defined in Section 2(a)(19) of the 1940 Act, a rebuttable presumption that such Trustee did not engage in disabling conduct while acting in his capacity as a Trustee.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

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