Claims Resolution Procedure Clause Samples
Claims Resolution Procedure. The parties shall act in good faith as expeditiously as possible to resolve any and all claims for indemnification. To the extent any claims are not Finally Resolved (as defined in the Warranty Escrow Agreement) on or before February 28, 2003 (the "Claims Resolution Date"), then the claims shall be resolved in accordance with the following arbitration procedure:
(a) Each of Activision, on the one hand, and the Representative, on the other hand, shall select and appoint an arbitrator within five (5) days after the Claims Resolution Date to finally settle all unresolved claims. An arbitrator shall be selected and appointed by notice from one party to the other. The two arbitrators so selected shall select a third arbitrator and give written notice to the parties hereto of such selection within ten (10) days after the Claims Resolution Date. If the two arbitrators cannot agree on a third arbitrator within such ten (10) day period, then each of them shall nominate one person to serve as the third arbitrator and the third arbitrator shall be selected from the two nominees by toss of coin. No arbitrator shall be an officer, director, employee, affiliate or relative of either Activision, Treyarch, the Representative, or the Members.
(b) The arbitration shall be conducted jointly by the three arbitrators, who shall review all submissions by the parties with respect to the claim and make an award, by majority vote, within forty-five (45) days after the Claims Resolution Date, which award, when signed by each of the arbitrators, shall be final and binding on the parties. Unless otherwise determined by the arbitrators by majority vote, (i) no hearings shall be held, and the decision shall be rendered based on written submissions by the parties, and (ii) all written submissions must be made by the parties within five (5) days after the date on which the third arbitrator is appointed. Once the award is made, a claim shall be Finally Resolved for purposes of the Warranty Escrow Agreement.
(c) If either party shall refuse or neglect to select and appoint an arbitrator within five (5) days after the Claims Resolution Date in accordance with Section 7.5(a), then the arbitrator so appointed by the first party, acting alone as the sole arbitrator, shall proceed to arbitrate and resolve all claims, and such arbitrator's award in writing signed by such arbitrator shall be final and binding on the parties.
(d) All expenses of the arbitration shall be shared equally by Activisio...
Claims Resolution Procedure. 23.1 All claims, disputes and matters in question arising out of, or relating to this Agreement, or the breach thereof, except for claims which have been waived by the making acceptance of final payment, shall be decided by the claims procedure, including any arbitration and/or forum selection clause, specified in the Prime Contract between Contractor and Owner. In the absence of an agreement to arbitrate in the Prime Contract, claims or disputes shall be arbitrated if elected by Contractor.
23.2 In the event the Contract Documents contain an arbitration provision or if arbitration is elected by Contractor, the following shall apply:
a. Notice of the Demand for Arbitration shall be filed in writing with the other party to this Agreement and shall conform to the requirements of the arbitration provision set forth in the Prime Contract. The Demand for Arbitration shall be made within a reasonable time after written notice of the claim, dispute, or other matter in question, and in no event shall be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matters in question would be barred by the applicable Statute of Limitations.
b. The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
c. Unless otherwise agreed to in writing, Subcontractor shall carry on the work and maintain the schedule of work pending arbitration, and, if so, Contractor shall continue to make payments in accordance with this Agreements
d. To the event not prohibited by their contracts with others, the claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common question of fact or law shall be heard by the same arbitrator(s) in a single proceeding. In this event, it shall be the responsibility of Subcontractor to prepare and present Subcontractor's case, to the extent the proceedings are related to this Agreement. Should 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 the Contractor.
e. This section shall not be deemed limitation of any rights or remedies which Subcontractor may have under the Federal or State mechanic’s lien laws or under any applicable labor and material payment bonds unless the Subcontractor expressly waives such rights or remedies.
f. ...
Claims Resolution Procedure. The parties shall act in good faith as expeditiously as possible to resolve any and all claims for indemnification. To the extent any claims are not so resolved by the parties, any party may initiate the arbitration procedures set forth in Section 12.17 hereof.
Claims Resolution Procedure. All claims, disputes and matters in question arising out of or relating to this Agreement or the breach thereof, except for claims which have been waived by the making or acceptance of final payment or the failure to provide notice, shall be decided by the claim procedure specified in the Prime Contract. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California.
Claims Resolution Procedure. 28 10.7 REMEDIES.....................................................28 ARTICLE XI TERMINATION..................................................28
Claims Resolution Procedure a. Each Claim shall be in writing and include all documents necessary to substantiate the Claim. Any Claim must be filed on or before the Final Payment Date.
b. For any Claim of less than fifty thousand dollars the County shall respond in writing to any written claim within forty-five (45) days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim the County may have against the Program Manager. If additional information is thereafter required, it shall be requested and provided pursuant to this Paragraph 19, upon mutual agreement of the County and the Program
Claims Resolution Procedure