Common use of Conflicting Provisions for Dispute Resolution Clause in Contracts

Conflicting Provisions for Dispute Resolution. If there is any conflict between the terms, conditions and provisions of this Section and those of any other provision or agreement for arbitration, judicial reference or other dispute resolution, the terms, conditions and provisions of this Section shall prevail as to any Dispute arising out of or relating to (i) this Agreement, (ii) any other Loan Document, (iii) any related agreements or instruments, or (iv) the transaction contemplated herein or therein (including any claim based on or arising from an alleged personal injury or business tort). In any other situation, if the resolution of a given Dispute is specifically governed by another provision or agreement for arbitration, judicial reference or other dispute resolution, the other provision or agreement shall prevail with respect to said Dispute.

Appears in 1 contract

Samples: Loan Agreement (Cost Plus Inc/Ca/)

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Conflicting Provisions for Dispute Resolution. If there is any conflict between the terms, conditions and provisions of this Section and those of any other provision or agreement for arbitration, judicial reference or other dispute resolution, the terms, conditions and provisions of this Section shall prevail as to any Dispute claim or controversy arising out of or relating to (i) this Agreement, (ii) any other Loan Document, (iii) any related agreements or instruments, or (iv) the transaction contemplated herein or therein (including any claim based on or arising from an alleged personal injury or business tort). In any other situation, if the resolution of a given Dispute claim or controversy is specifically governed by another provision or agreement for arbitration, judicial reference or other dispute resolution, the other provision or agreement shall prevail with respect to said Disputeclaim or controversy.

Appears in 1 contract

Samples: Credit Agreement (Bedford Property Investors Inc/Md)

Conflicting Provisions for Dispute Resolution. If Except as provided in the Plan or Order, if there is any conflict between the terms, conditions and provisions of this Section and those of any other provision or agreement for arbitration, judicial reference arbitration or other dispute resolution, the terms, conditions and provisions of this Section shall prevail as to any Dispute arising out of or relating to (i) this AgreementGuaranty, (ii) any other Loan Document, (iii) any related agreements or instruments, or (iv) the transaction contemplated herein or therein (including any claim based on or arising from an alleged personal injury or business tort). In any other situation, if the resolution of a given Dispute is specifically governed by another provision or agreement for arbitration, judicial reference arbitration or other dispute resolution, the other provision or agreement shall prevail with respect to said Dispute.

Appears in 1 contract

Samples: Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Conflicting Provisions for Dispute Resolution. If there is any conflict between the terms, conditions and provisions of this Section and those of any other provision or agreement for arbitration, judicial reference arbitration or other dispute resolution, the terms, conditions and provisions of this Section shall prevail as to any Dispute arising out of or relating to (i) this AgreementGuaranty, (ii) any other Loan Document, (iii) any related agreements or instruments, or (iv) the transaction contemplated GUARANTY AGREEMENT - Page 20 herein or therein (including any claim based on or arising from an alleged personal injury or business tort). In any other situation, if the resolution of a given Dispute is specifically governed by another provision or agreement for arbitration, judicial reference arbitration or other dispute resolution, the other provision or agreement shall prevail with respect to said Dispute.

Appears in 1 contract

Samples: Guaranty Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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Conflicting Provisions for Dispute Resolution. If there is any conflict between the terms, conditions and provisions of this Section and those of any other provision or agreement for arbitration, judicial reference or other dispute resolution, the terms, conditions and provisions of this Section shall prevail as to any Dispute arising out of or relating to (i) this AgreementGuaranty, (ii) any other Loan Document, (iii) the Environmental Agreement, (iv) any related agreements or instruments, or (ivv) the transaction contemplated herein or therein (including any claim based on or arising from an alleged personal injury or business tort). In any other situation, if the resolution of a given Dispute is specifically governed by another provision or agreement for arbitration, judicial reference or other dispute resolution, the other provision or agreement shall prevail with respect to said Dispute.

Appears in 1 contract

Samples: Guaranty Agreement (Prospect Acquisition Corp)

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