Claims Resolution a. In the event Xxxxxxx is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first energy bill with Xxxxxxx as your supplier. See Your Right to Reject Arbitration below.
Claims Resolution a. In the event Starion is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first energy xxxx with Starion as your supplier. See Your Right to Reject Arbitration below.
Claims Resolution. Disputes arising under this Agreement will not be decided by arbitration, unless the Prime Contract between Contractor and Owner has an arbitration provision and a particular dispute between Contractor and Subcontractor has an issue of fact or law in common with a dispute between the Owner and Contractor that is or that will be the subject of arbitration. To the extent not expressly prohibited by their Contracts with others, arbitrated claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common issue of fact or law shall be heard by the same arbitrator(s) in a single proceeding. In the event Contractor and Owner or others litigate or arbitrate matters relating to this Agreement, Contractor may, at its sole discretion, either direct Subcontractor to prepare and present Contractor’s case to the extent the proceedings are related to this Agreement, or use Contractor’s own legal counsel to prepare and present matters relating to this Agreement, in which event Subcontractor shall promptly reimburse Contractor for any and all attorneys’ fees, expert fees and costs incurred in connection with any proceedings that are related to this Agreement. Should the Contractor enter into arbitration with the Owner or others regarding matters relating to this Agreement, Subcontractor shall be bound by the result of the arbitration to the same degree as Contractor.
Claims Resolution i.CONTRACTOR CONTINUATION OF WORK. Notwithstanding any claim, dispute, disagreement or other matter in controversy between the District and the Contractor relating to the Contract Documents or the Project Work, the Contractor shall continue to diligently prosecute and perform the Work, pending any final determination or decision regarding any such claim, dispute, disagreement or matter in controversy.
Claims Resolution. Resolutions of claims will be subject to the terms and procedures set forth in the Plan, which, among other things, will (i) require that the Reorganized Company file any and all objections to claims during the ninety (90)-day period following the Effective Date (unless such period is extended by the Bankruptcy Court) and (ii) provide that any settlements of claims approved by the Bankruptcy Court prior to the Effective Date will be binding on all parties.
Claims Resolution. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by mediation under the Construction Industry Mediation Procedures of the American Arbitration Association. If a Party fails to respond to a written request for mediation within 30 days after service or fails to participate in any scheduled mediation conference, that Party shall be deemed to have waived its right to mediate the issues in dispute. If the mediation does not result in settlement of the dispute within 30 days after the initial mediation conference or if a Party has waived its right to mediate any issues in dispute, then any unresolved controversy or claim arising out of or relating to this Agreement or breach thereof shall be settled by the filing of a civil action in Superior Court. The prevailing party shall be entitled to recover its attorney’s fees and costs form the other party.
Claims Resolution. After the Effective Date, the Reorganized Debtors may settle any disputed claim and make distributions from the Disputed Claims Reserve without further order or approval by the Bankruptcy Court; provided, however, that any settlement of a General Unsecured Claim against the Guarantor Debtors in an Allowed amount greater than $200,000 will require the consent of the Post-Confirmation Committee, which consent will not be unreasonably withheld.
Claims Resolution. Disputes arising under this Agreement shall be resolved in accordance with the procedures set forth in Section 20104.50 of the Public Contract Code.
Claims Resolution. The University of Tennessee is self-insured under the provisions of the Tennessee Claims Commission Act, Tennessee Code Annotated §§ 9-8-301, et. seq., f or any negligence of the University and its employees. Any liability of The University of Tennessee for any damages, losses, or cost arising out of or related to acts performed by the University or its employees under this agreement is governed by the provisions of said Act.
Claims Resolution. Except as otherwise set forth below, any dispute arising out of or relating to this Subcontract will be finally resolved by a sole arbitrator in accordance with the Center for Public Resources (CPR) Institute for Dispute Resolution Rules for Non-Administered Arbitration then currently in effect. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration will be at a location specified by Honeywell. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this Subcontract, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this section will not be binding on either party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the Customer and/or Owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the Customer and/or Owner may be responsible, Subcontractor will participate in the dispute resolution process with the Customer and/or Owner and agreed to be bound by the results. This agreement to arbitrate will not be deemed a limitation of rights or remedies under the laws of the United States of America, under applicable state mechanics’ lien laws, or under applicable labor or material payment bonds unless the rights are expressly waived by the Subcontractor.
