Dispute Resolution and Attorney’s Fees. If a dispute arises out of this Agreement, both parties will meet to resolve it and if an agreement is not reached at this meeting, a party may employ the American Arbitration Association, or any other arbitration panel mutually agreed upon by the parties, to arbitrate the dispute. The results of this arbitration are binding upon both parties and the arbitrator is authorized to file the decision in the applicable court of jurisdiction. The arbitrator is to award reasonable attorney's fees and costs to the prevailing party.
Dispute Resolution and Attorney’s Fees. This Agreement has been consummated in Washington County, Pennsylvania. In the event an action or proceeding is instituted by any party hereto to enforce, defend, or interpret this Agreement or to resolve disputes or assert claims arising under or in connection with this Agreement, including without limitation, breach thereof, (“Disputes”), such legal or equitable action must be maintained in the courts of Washington County, Pennsylvania. TENANT irrevocably consents to the exercise of personal jurisdiction over LANDLORD by the Courts for any such action or proceeding and irrevocably waives any objection to venue with respect thereto. The TENANT hereby agrees that they voluntarily waive any trial by jury in any action for enforcement of this Agreement or involving a Dispute.
Dispute Resolution and Attorney’s Fees. (a) Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County before an arbitrator who is a retired U.S. District Court judge. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement. Nothing in this agreement clause shall preclude parties from seeking provisional or injunctive relief remedies in aid of arbitration from a court of appropriate jurisdiction.
Dispute Resolution and Attorney’s Fees. If there is any dispute arising from or related to this Agreement, the parties shall participate in non-binding mediation before filing any court action or arbitration proceeding based on that dispute. If any party seeks to enforce or protect its rights under this Agreement in any judicial proceeding or arbitration, the prevailing party shall be entitled to receive from the other party payment of its costs and expenses, including reasonable attorneys’ fees incurred (whether such costs or fees are incurred before or after the commencement of the proceeding), including any and all appeals or petitions therefrom. TOWN OF SPRINGDALE, UTAH EMPLOYEE By: Mayor Xxxxxxx X. Xxxxx Xxxxx Xxxxxx Attest:
Dispute Resolution and Attorney’s Fees. If any suit or action is instituted under or in relation to this Retention Agreement, including without limitation to enforce any provision in this Retention Agreement, the parties will submit the matter to be mediated by a professional mediator mutually acceptable to the parties. The mediation and all documentation, hearings, and communications relating thereto will be confidential. The parties will share equally the costs of the mediator and shall be responsible for their own costs, travel and related expenses associated with the mediation. If a good faith attempt of mediation does not settle the dispute, after sixty (60) days either party may refer the matter to a court of competent jurisdiction located in the greater Denver, Colorado area. The prevailing party in such any litigation shall be entitled to recover from the other party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Retention Agreement, including without limitation, reasonable fees and expenses of attorneys’ and all fees, costs and expenses of appeals.
Dispute Resolution and Attorney’s Fees. Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgement, reasonable attorneys’ fees and court costs.
Dispute Resolution and Attorney’s Fees. A. Any dispute arising under this Agreement, including, without limitation, all disputes relating in any manner to the performance or enforcement of this Agreement shall be resolved by binding arbitration in the County of Los Angeles, California, pursuant to the rules of Judicial Arbitration and Mediation Services (“JAMS”), as amended or as augmented in this Agreement (the “Rules”). Arbitration shall be initiated as provided by the Rules, although the written notice to the other party initiating arbitration shall also include a description of the claim(s) asserted and the facts upon which the claim(s) are based. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all claims subject hereto, including any award of attorney’s fees and costs. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. All disputes shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify JAMS and request selection of an arbitrator in accordance with the Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. In no event shall the arbitrator award punitive damages of any kind. The parties acknowledge that one of the purposes of utilizing arbitration is to avoid lengthy and expensive discovery and allow for prompt resolution of the dispute. The arbitrator shall have the power to limit or deny a request for documents or a deposition if the arbitrator determines that the request exceeds those matters which are directly relevant to the claims in controversy. The document demand and response shall conform to Code of Civil Procedure section 1282.6. The deposition notice shall conform to Code of Civil Procedure section 1283. The parties may make a motion for protective order or motion to compel before the arbitrator with regard to the discovery, as provided in Code of Civil Procedure. Notwithstanding the election by the parties to arbitrate their disputes, nothing contained herein shall prevent a party from filing an action in a court of competent jurisdiction to seek any form of equitable remedy or relief.
Dispute Resolution and Attorney’s Fees. Should any dispute arise from these Terms, the use of the property or the Services, XxxxxxxxxXxxxxxx.xxx may require the dispute to be mediated in Volusia County, Florida, prior to being arbitrated. If XxxxxxxxxXxxxxxx.xxx elects not to so mediate, the dispute shall be resolved by final and binding arbitration in Volusia County, Florida. The manner in which mediation and arbitration will be conducted will be at the discretion of XxxxxxxxxXxxxxxx.xxx, within the confines of applicable rules and law, except that any arbitration will be conducted pursuant to the CPR Rules for Non-Administered Arbitration. The parties agree to split the cost of any mediator, and to otherwise bear their own costs and fees of mediation. The prevailing party in any proceedings other than mediation, including but not limited to arbitration, shall be entitled to attorney’s fees and costs related to the proceedings, including attorney’s fees related to obtaining entitlement to attorney’s fees, a determination of the amount of attorney’s fees owed, and attorney’s fees on appeal. While no litigation, other than to enforce an arbitration award, is contemplated by these Terms, if there should be litigation arising out of these Terms the venue for such litigation will be Volusia County, Florida. Termination/Access Restriction: XxxxxxxxxXxxxxxx.xxx reserves the right, in its sole discretion, to terminate the Physician’s access to the Services without notice. Governing Law: These Terms shall be construed, interpreted and enforced in accordance with and shall be governed by the laws of the State of Florida and the federal laws of the United States without regard to the principles of conflicts of laws but with regard to the principles of pre-emption. Binding Effect: These Terms shall bind and inure to the benefit of the parties and their heirs, legal representatives and successors. No Waiver: The failure of any of the parties hereto to enforce any provision hereof on any occasion in the past shall not be deemed to be a waiver of any preceding or succeeding breach of such provision or any other provision in the future.
Dispute Resolution and Attorney’s Fees. Any controversy or claim arising out of or related to this Agreement shall be settled by binding arbitration. Judgement upon the award may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or leagal proceedings relating tot the Agreement shall be entaitled to payment incurrred with arbitration. This provision is in addition and can be used concurrently with all othe r lien rights provided to Contractor on Georgia law.
Dispute Resolution and Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its choice of law principles. In the event that any dispute regarding the terms of this Agreement or the application thereof which cannot be resolved amicably, the parties agree to settle such dispute in a binding arbitration proceeding which shall be held in Dane County, Wisconsin in accordance with the rules promulgated by the American Arbitration Association then in effect. The arbitration shall be performed by a panel of three arbitrators with each party hereto selecting one arbitrator. The two arbitrators selected by the parties shall choose a third arbitrator to complete the panel. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses including the cost of the panel of arbitrators.
