Common use of Alternative Dispute Resolution (ADR) Clause in Contracts

Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the TPO prior to filing suit or otherwise pursuing legal remedies. (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the TPO in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the TPO procedures. (c) In the event that TPO procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.

Appears in 2 contracts

Sources: Human Resources Services Agreement, Janitorial Services Agreement

Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this AgreementContract, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the TPO CITY prior to filing suit or otherwise pursuing legal remedies. (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the TPO CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the TPO CITY procedures. (c) In the event that TPO CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.

Appears in 2 contracts

Sources: Services Agreement, Services Agreement