Agreement to Use Procedure. The Partners have entered into this Agreement in good faith in the belief that it is mutually advantageous to them. It is with that same spirit of cooperation that they pledge to attempt to resolve any dispute amicably without the necessity of litigation. Accordingly, they agree if any dispute arises between them relating to this Agreement (the "Dispute"), they will first utilize the procedures specified in this Article 12 (the "Procedure") prior to any Additional Proceedings.
Agreement to Use Procedure. The Members have entered into this Agreement in good faith and in the belief that it is mutually advantageous to them. It is with that same spirit of cooperation that they pledge to attempt to resolve any dispute amicably without the necessity of litigation. Accordingly, they agree if any dispute arises between them relating to this Agreement (the "Dispute"), they will first utilize the procedures specified in this Article (the "Procedure") prior to any Additional Proceedings (defined below in Section 11.11).
Agreement to Use Procedure. The Parties agree that any dispute between them relating to or arising out of this Agreement (the "Dispute"), will be resolved using only the procedures specified in this Article (the "Procedure").
Agreement to Use Procedure. The Partners have entered into -------------------------- this Agreement in good faith and in the belief that it is mutually advantageous to them. It is with that same spirit of cooperation that they pledge to attempt to resolve any dispute amicably without the necessity of litigation. Accordingly, if a dispute arises between or among them and/or the Partnership relating to this Agreement (a "Dispute"), they will first utilize the procedures specified in this Article XVI (the "Procedure") prior to the commencement of any legal action; provided, however, that the use of this Procedure shall not be required prior to seeking and obtaining either a temporary restraining order or preliminary injunction pursuant to Section 8.2.7 or Section 10.7.3 of this Agreement (but shall be required prior to seeking and obtaining a permanent injunction pursuant to Section 8.2.7 or Section 10.7.3 so long as any temporary restraining order or preliminary injunction remains in effect).
Agreement to Use Procedure. The parties have entered into this Agreement in good faith and in the belief that it is mutually advantageous to them. It is with that same spirit of cooperation that they pledge to attempt to resolve any dispute amicably without the necessity of litigation. Accordingly, if a dispute arises between them relating to this Agreement (a "Dispute"), they will first utilize the procedures specified in this Section 11 (the "Procedure") prior to the commencement of any legal action; provided, however, that the use of this Procedure shall not be required prior to seeking and obtaining either a temporary restraining order or preliminary injunction pursuant to Section 4 of this Agreement (but shall be required prior to seeking and obtaining a permanent injunction pursuant to Section 4 so long as any temporary restraining order or preliminary injunction remains in effect).
Agreement to Use Procedure. 36 -------------------------- SECTION 14.2 INITIATION OF PROCEDURE................................ 36 ----------------------- SECTION 14.3 DIRECT NEGOTIATIONS.................................... 36 ------------------- SECTION 14.4 SELECTION OF MEDIATOR.................................. 37 --------------------- SECTION 14.5 TIME AND PLACE FOR MEDIATION........................... 37 ---------------------------- SECTION 14.6 EXCHANGE OF INFORMATION................................ 37 ----------------------- SECTION 14.7 SUMMARY OF VIEWS....................................... 37 ---------------- SECTION 14.8 PARTIES TO BE REPRESENTED.............................. 37 ------------------------- SECTION 14.9 CONDUCT OF MEDIATION................................... 37 -------------------- SECTION 14.10
Agreement to Use Procedure. Except for any action brought by Texas Sub to enforce the restrictive covenants contained in Section 4.7 above, the parties agree to utilize the following procedure with regard to any contention or claim arising out of or relating to this Agreement, (a "Dispute").
Agreement to Use Procedure. The parties agree to utilize the following procedure with regard to any contention or claim arising out of or relating to a claim for indemnification pursuant to this Agreement, (a "Dispute").
Agreement to Use Procedure. Any controversy or claim arising out of or relating to this Agreement, or the breach or default thereof (the “Dispute”), and which cannot be resolved voluntarily and privately, shall be settled by arbitration conducted pursuant to the Arkansas Uniform Arbitration Act, Ark. Code Xxx. 00-000-000 et seq. and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties acknowledge that the procedures specified in this Section shall be the exclusive means of resolving any Dispute. Investor expressly waives its right to initiate any other legal action against the Company in connection with a Dispute.
Agreement to Use Procedure. The parties have reached this Agreement in good faith and in the belief that it is mutually advantageous to them. In the same spirit of cooperation, they pledge to try to resolve any dispute without litigation or arbitration. Other than an action by Ancero under Section 18.7 of this Agreement, the parties agree that if any dispute arises between them that is not resolved by way of the procedures set forth in Section 4.6.1 herein, before beginning any legal action or arbitration to interpret or enforce this Agreement, they will first follow the procedures described in this section. Good faith participation in these procedures to the greatest extent reasonably possible, despite lack of cooperation by one or more of the other parties, is a precondition to maintaining any legal action or arbitration to interpret or enforce this Agreement.
