CONTRACT DISPUTE RESOLUTION. In the event of a dispute between the parties under the Contract, whether with respect to the interpretation of any provision of the Contract, or with respect to the performance of either party thereto, except for breach of Contractor’s intellectual property rights, each party shall reserve the right to appoint a representative to meet for the purpose of endeavoring to resolve such dispute or negotiate for an adjustment to such provision. Contractor shall continue without delay to carry out all its responsibilities under the Contract, which are not affected by the dispute. Should Contractor fail to perform its responsibilities under the Contract that are not affected by the dispute without delay, the Department reserves the right to pursue recovery of any and all additional costs incurred by the Department as a result of such failure to proceed. Any costs incurred by the Contractor shall be borne by the Contractor and the Contractor shall not make any claim against the Department for such costs. The Department’s non-payment of fees in breach of the Contract that are overdue by sixty (60) calendar days is a dispute that will always be considered to affect Contractor’s responsibilities. No legal action of any kind, except for the seeking of equitable relief in the case of the public’s health, safety or welfare, may begin in regard to the dispute until this dispute resolution procedure has been elevated to the Contractor’s highest executive authority and the equivalent executive authority within the Department, and either of the representatives in good faith concludes, after a good faith attempt to resolve the dispute, that amicable resolution through continued negotiation of the matter at issue does not appear likely. The party believing itself aggrieved (the “Invoking Party”) shall call for progressive management involvement in the dispute negotiation by delivering written notice to the other party. Such notice shall be without prejudice to the Invoking Party’s right to any other remedy permitted by the Contract. After such notice, the parties shall use all reasonable efforts to arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and places, between authorized negotiators for the parties at the following successive management levels, each of which shall have a period of allotted time as specified below in which to attempt to resolve the dispute: Level Contractor The Department Allotted Time First Level 1 entity Lev...
CONTRACT DISPUTE RESOLUTION. Contractor shall use Texas Government Code, Chapter 2260’s dispute resolution process to attempt to resolve any claim for breach of contract arising under the Agreement that is not resolved in the ordinary course of business. Chapter 2260 requires Contractor to initiate the process by providing written notice of a claim and negotiating with TTUHSC El Paso, conditions precedent to the contested case process. Governed by rules adopted by the Texas Attorney General’s Office, the contested case process is Contractor's sole and exclusive method to seek a remedy for breach, unless, after considering the Administrative Law Judge’s report, the Legislature gives consent for Contractor to xxx under Chapter 107 of the Civil Practices and Remedies Code. An event or claim for breach of contract is not grounds for Contractor to suspend performance under the Agreement. TTUHSC EL PASO DOES NOT WAIVE SOVEREIGN IMMUNITY BY ITS EXECUTION OF OR BY ANY CONDUCT OF ITS REPRESENTATIVES UNDER THE AGREEMENT, AND THE DISPUTE RESOLUTION PROCESS DOES NOT AFFECT TTUHSC EL PASO’S RIGHT TO ASSERT ALL CLAIMS AND DEFENSES IN A LAWSUIT.
CONTRACT DISPUTE RESOLUTION. Party A and Party B should settle the dispute due to the execution of the contract through friendly negotiation. If the negotiation fails, either party has the right to sue to the people’s court where the house is located.
CONTRACT DISPUTE RESOLUTION. The parties shall use their best efforts to cooperatively resolve disputes and problems that arise in connection with this contract. When a dispute arises that the Contractor and the Department have been unable to resolve, the Department reserves the right to final interpretation of contract language.
CONTRACT DISPUTE RESOLUTION. 16.1 In the event of a dispute in the interpretation of the provisions of this Contract, such dispute shall be settled through negotiation between the Administrator and the Grantee. If no agreement is reached, the dispute will be referred to the Ohio Attorney General, Transportation Section, for final resolution.
CONTRACT DISPUTE RESOLUTION. In the event of any dispute or disagreement between the parties under this Contract, whether with respect to the interpretation of any provision of this Contract, or with respect to the performance of either party hereto, each party shall appoint a representative to meet for the purpose of endeavoring to resolve such dispute or negotiate for an adjustment to such provision. No legal action of any kind, except for the seeking of equitable relief in the case of the public’s health, safety or welfare, may begin in regard to the dispute until this dispute resolution procedure has been elevated to the Contractor’s highest executive authority and the equivalent executive authority within the Contracting Agency, and either of the representatives in good faith concludes, after a good faith attempt to resolve the dispute, that amicable resolution through continued negotiation of the matter at issue does not appear likely.
CONTRACT DISPUTE RESOLUTION. In the event of any dispute or disagreement between the parties under this Contract, whether with respect to the interpretation of any provision of this Contract, or with respect to the performance of either party hereto, each party shall appoint a representative to meet for the purpose of endeavoring to resolve such dispute or negotiate for an adjustment to such provision. No legal action of any kind, except for the seeking of equitable relief in the case of the public’s health, safety or welfare, may begin until the dispute resolution procedure has been utilized and either of the representatives in good faith concludes, after a good faith attempt to resolve the dispute, that amicable resolution through continued negotiation of the matter at issue does not appear likely. A Party must escalate a dispute or controversy by providing written notice to the other Party. Both Parties agree to attempt to resolve any dispute or controversy in good faith, which includes but is not limited to confidential communications towards dispute resolution. Except as required by law, neither Party nor its representatives may disclose the existence, content, or results of any dispute resolution efforts without the prior written consent of all Parties.
CONTRACT DISPUTE RESOLUTION. 19 47. NO GUARANTEE OF QUANTITY .......................................................................................... 19
CONTRACT DISPUTE RESOLUTION. Should a dispute regarding the contract terms, definitions, or performance arise, both parties agree to use the Office of the Ombudsman to attempt to resolve any claim for breach of contract prior to the formal dispute resolution process provided for in Chapter 2260 of the Texas Government Code. If the Office of the Ombudsman cannot resolve the dispute to the satisfaction of both parties, then Contractor must use Chapter 2260 to attempt to resolve any claim for breach of contract. Neither the occurrence of an event, nor the pendency of a claim constitutes grounds for the suspension of performance by the SSCC, in whole or in part.
CONTRACT DISPUTE RESOLUTION. From and after the Closing, Sellers will use commercially reasonable efforts to resolve the Contract Disputes as promptly as practicable. Sellers will keep Buyer reasonably informed of the progress of the resolution of the Contract Disputes. Upon Buyer and Sellers’ reasonable satisfaction that a Contract Dispute resolved, then Buyer and Sellers shall jointly instruct the Contract Dispute Escrow Agent to release any amount due under the applicable agreement to Apex or InvestCloud, as the case may be. If, after the resolution of the Contract Disputes to Buyer and Sellers’ satisfaction, funds remain in the Contract Dispute Escrow Fund, Buyer and Sellers will jointly instruct the Contract Dispute Escrow Agent to release such remaining funds to Sellers. For the avoidance of doubt, it is understood and agreed that the InvestCloud Agreement will be assigned to Buyer at the Closing and the Apex Agreement will be assigned to Uncommon Investment Advisors, LLC, an Affiliate of Sellers that is expected to provide services to Buyer after the Closing.
