Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim (a “Dispute”) may arise relating to either Party’s rights or obligations under this Agreement or any Ancillary Agreement. The Parties agree that any such Dispute (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement or any Ancillary Agreement (including regarding whether any Assets are AbbVie Assets, any Liabilities are AbbVie Liabilities or the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Section 7.01 and in Schedule 7.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. 13.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach or performance hereof, including, but not limited to, any disputes concerning the interpretation of the terms and provisions hereof, shall be resolved through the use of the following procedures:
Alternative Dispute Resolution Procedures. The parties to the Agreement Regarding Change in Control dated as of the 1st day of January, 2013 (the “Agreement”) recognize that a bona fide dispute as to certain matters may arise from time to time during the term of the Agreement which relates to either party’s rights and/or obligations. To have such a dispute resolved by this Alternative Dispute Resolution (“ADR”) provision, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between the Executive and the Company within twenty-eight (28) days after such notice is received (all references to “days” in the ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days of the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
Alternative Dispute Resolution Procedures. Any dispute, controversy or claim arising out of or relating to this Partnership Agreement, or the breach of performance hereof, including but not limited to, any disputes concerning the interpretation of the terms and provisions hereof, but excluding any matter which is within the exclusive jurisdiction of, and is decided by, a regulatory agency having jurisdiction over the Partnership with respect to such matter, shall be resolved through the use of the following procedures or any other procedures mutually agreed to in writing by each of the Partners:
Alternative Dispute Resolution Procedures. For the purpose of this Article, alternative dispute resolution (ADR) is a dispute resolution process that involves the introduction of a mediator into the grievance process. The Parties may establish, and share the cost of, an alternative dispute resolution procedure within this grievance procedure. ADR procedures shall not apply to local or national grievances. Participation in the ADR process is voluntary for both the Agency officials and the employees involved in the grievance. An Agency official and an employee may agree to use the ADR process at Step 1 of the grievance procedure. The ADR procedure will use trained mediators to help resolve a grievance. The mediator shall meet with the grievant and the Agency official to facilitate the discussion and assist the parties in resolving their differences. The mediator shall not have decision-making authority, and resolution rests with the participating Agency official and the grievant. The participants may also reach agreement on a partial resolution of the grievance. Any agreement shall be binding on the employee and the Agency and shall have the effect of permanently terminating the grievance, or that part of the grievance as to which agreement was achieved.
Alternative Dispute Resolution Procedures. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall first be submitted for mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before a panel of three neutral arbitrators, all of whom shall be actively engaged in the practice of law for at least ten years and experienced in acquisitions and mergers. The arbitration proceedings shall be conducted in Kansas City, Missouri at the offices of the American Arbitration Association. Any provisional remedy which would be available from a court of law shall be available from the arbitrator pending arbitration. Either party may make an application to the arbitrator seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. The arbitrators shall have the authority to award any remedy or relief that a court of the state of Missouri could order or grant, including, without limitation, specific performance of any obligation created under the agreement, the awarding of punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. Limited civil discovery shall be permitted for the production of documents and taking of depositions. All discovery shall be governed by the Federal Rules of Civil Procedure. All issues regarding discovery requests shall be decided by the arbitrators.
Alternative Dispute Resolution Procedures. Any dispute relating to this Agreement shall be resolved in accordance with the following:
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim (a “Dispute”) may arise relating to either Party’s rights or obligations under this Agreement. The Parties agree that any such Dispute (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement (including the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Section 5.01 and in Schedule 5.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. A.Method of Invoking ADR Procedures
Alternative Dispute Resolution Procedures. 1) An employee alleging sexual harassment who has timely filed a grievance may elect to substitute a campus/hospital/laboratory SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE FOR STEP 1 of the Grievance Procedure. Use of the SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE shall toll the time limits for Step 1 of the Grievance Procedure only if a grievance has been timely filed, pursuant to
