DISPUTES AND DISPUTE RESOLUTION. 14.1. The Company understands that there may be a dispute between the Company and a User in relation to the services provided. The aim is to try and resolve the dispute in an efficient and effective manner that will keep its Users satisfied with their overall experience with the Company. It further understands that some disputes may be hard to resolve without the contribution of an independent party and in certain cases without using a dispute resolution mechanism.
DISPUTES AND DISPUTE RESOLUTION. 1. Prior to initiating any legal action arising under or relating to this Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with a view to speedy resolution of such dispute within thirty (30) business days of the receipt of such notice.
DISPUTES AND DISPUTE RESOLUTION. Motorola and Customer will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then, except for disputes related to alleged patent, copyright, or trademark infringement, the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and Customer within thirty (30) days after written notice by the other demanding mediation. Neither party may unreasonably withhold consent to the selection of a mediator, and Motorola and Customer will share the costs of the mediation equally. Venue for mediation shall be in a location within the United States that is mutually convenient and acceptable to the parties. By mutual agreement, however, the parties may postpone mediation until they have each completed some specified but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of alternative dispute resolution (ADR), such as neutral fact-finding or a mini-trial. Any dispute which the parties cannot resolve through negotiation, mediation, or other form of ADR within four (4) months of the date of the initial demand for it may then be submitted to the Federal District Court for the District of Delaware for resolution. The use of any ADR procedures will not be construed under the doctrines of latches, waiver, or estoppel to affect adversely the rights of either party. And nothing in this section will prevent either party from resorting to judicial proceedings if (a) good faith efforts to resolve the dispute under these procedures have been unsuccessful or (b) interim relief from a court is necessary to prevent serious and irreparable injury to one party or to others.
DISPUTES AND DISPUTE RESOLUTION. Any dispute, claim or controversy between you and us and/or our officers, directors, agents or employees, arising out of or relating to the Account Agreement, your Account, or any other dealings between you and us, shall be resolved by binding arbitration. If the forum of the arbitration is within the United States, any such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA rules in effect at the time such arbitration is commenced. If the forum of the arbitration is outside the United States, any such arbitration shall be administered by the International Centre for Dispute Resolution (“ICDR”), in accordance with the International Arbitration Rules in effect at the time such arbitration is commenced. Any arbitration commenced under this section will be held in Providence, Rhode Island, USA, unless otherwise required by law. All statutes of limitations applicable to any dispute apply to any arbitration between you and us. You agree to take all steps and to execute all documents necessary for the implementation of arbitration proceedings, should a dispute arise. Either you or we may require the submission of the dispute to binding arbitration at any reasonable time, notwithstanding that a lawsuit or other proceeding has been commenced. If arbitration is pursued for any claim, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim, or to engage in discovery except as allowed by the AAA or the ICDR. Neither you nor we shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or of a private attorney general. Except as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or result of any arbitration hereunder without prior written consent of both Parties. The award in such arbitration proceeding will be final and binding, and may be entered in any court having jurisdiction. The award shall be made within nine months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the Parties or by arbitrator(s) if necessary. The provisions of this Section IX. shall survive terminati...
DISPUTES AND DISPUTE RESOLUTION. In the event of a dispute between the Parties to this Agreement regarding a provision of this Agreement, a Party’s performance of its obligations as stated in this Agreement or any other matter governed by the terms of this Agreement, the Parties will meet in good faith to attempt to resolve the dispute. Prior to such meeting the aggrieved Party shall notice the other Party pursuant to the terms of this Agreement with a description of the dispute. If such a meeting fails to resolve the dispute, then the Parties agree that such dispute may be resolved through mediation, if mediation is agreed to by the Parties. The Parties shall mutually agree upon the services of one (1) mediator whose fees and expenses shall be borne equally by the parties. If the dispute is not resolved within a reasonable time, the Parties shall be free to use other remedies available to them to resolve the dispute. In the event of any litigation or arbitration arising out of this Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its attorney’s fees, expert witness fees and other taxable costs of litigation. Because of the short duration of this Agreement, the Parties commit to exercising best efforts to avoid any disputes and to resolve any disputes that may arise.
DISPUTES AND DISPUTE RESOLUTION. 9.1 Except as specified elsewhere in the Agreement, any dispute arising out of or relating to the formation or performance of this Agreement (including, without limitation, the breach, termination, or validity of this Agreement, or the determination of whether a product is a Royalty-Bearing Product or a [**]) which has not been resolved by good faith negotiation between representatives of Harvest and Licensor who have authority to fully and finally resolve the dispute within thirty (30) days after the delivery of a dispute notice by one Party to the other, shall be finally resolved by binding arbitration by three arbitrators in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules then currently in effect (the "Rules"); provided, however, that if one Party fails to participate in the negotiation as agreed herein, the other Party can commence binding arbitration prior to the expiration of the time period set forth above. The three arbitrators' award shall be binding on the Parties. One arbitrator shall be selected by each Party. The third arbitrator shall be chosen by agreement of the Parties. If, within thirty (30) days after a Party notifies the other that arbitration must be commenced, either Party has not selected its arbitrator or if the Parties fail within such time to agree upon the third arbitrator, such arbitrator(s) shall be appointed by AAA in accordance with its Rules. The arbitrators shall have no jurisdiction or authority to award treble, punitive or exemplary damages against either Party. The prevailing Party in any arbitration hereunder shall be awarded its reasonable attorneys fees and costs in addition to any other relief to which it may be entitled under this Agreement, but such attorney fees and costs shall not exceed fifty percent (50%) of the amount in dispute. The binding arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. ss.ss.1-16, and judgment upon the award rendered by the arbitrators, or a majority thereof, may be entered by any court having jurisdiction thereof. If a Party is forced into court to enforce an arbitration award, it shall be entitled to recover its reasonable attorney fees and costs. In any arbitration, the parties shall be entitled following initiation of the action to the same discovery that they would be allowed under the Federal Rules of Civil Procedure; provided, however, that the parties shall cooperate in good faith to cause such discovery to be complete...
DISPUTES AND DISPUTE RESOLUTION. All Disputes between the Parties must be determined in accordance with the provisions of this clause 14. The Parties shall seek to resolve in good faith any Dispute arising between them in respect of any matter connected with this Contract. Where a dispute arises, either Party (the “Disputing Party”) may within 2 (two) Business Days of the date on which the dispute arose, give written notice of the Dispute to the other Party (the “Receiving Party”). The notice must inform the Receiving Party of the Dispute and describe the nature of the Dispute with sufficient clarity for the Receiving Party to be able to identify it. Within 3 (three) Business Days of receipt of the notice from the Disputing Party, the negotiation representatives of the Parties, possessing sufficient authority to be able (if necessary with consultation back to their respective organisations) to resolve the dispute, will meet or communicate in such a manner expedient to resolving the dispute if it is impractical to meet in person (by way of example via email, video/telephone conferencing etc.) to attempt to settle the dispute in an amicable manner, within a period of 3 (three) days after the commencement of the negotiations. In the event that the dispute is resolved between the negotiation representatives, the outcome of such negotiations will be reduced to writing and signed by the Parties. The negotiation representatives are – For the Project Developer: [Name of the representative] [Designation] [Telephone number/s] For Eskom: [Name of the representative] [Designation] [Telephone number/s] The Parties agree that while a dispute is continuing, they will both continue to perform their respective obligations under this Contract until the Dispute has been fully and finally resolved in accordance with the provisions of this clause. It being specifically agreed that where the nature of the Dispute precludes compliance (whether in full or in part) with this clause, the Party who is so precluded from performing will forthwith notify the other Party that it is so unable to perform and the reasons therefor. Any Party receiving notice of an inability to perform in terms of this clause may Dispute the content thereof, which Dispute will be dealt with contemporaneously with the Dispute. If the Dispute is not resolved by the negotiation representatives within the period stated in sub-clause 14.5, either Party may, within a period of 5 (five) Business Days after the last day of that period, and by writt...
DISPUTES AND DISPUTE RESOLUTION. A Dispute shall arise when Contractor denies or otherwise challenges a timely Claim brought by Subcontractor or the Parties have another form of disagreement arising from the Subcontract Documents (collectively “Dispute”).
DISPUTES AND DISPUTE RESOLUTION. 26.1. MOTOROLA and PARTNERS will attempt to settle any claim or controversy arising out of this AGREEMENT through consultation and negotiation in good faith and a spirit of mutual cooperation. If those attempts fail, then the dispute will be mediated by a mutually-acceptable mediator to be chosen by MOTOROLA and PARTNERS within ** after written notice by the other demanding mediation. Neither party may unreasonably withhold consent to the selection of a mediator, and MOTOROLA and PARTNERS will share the costs of the mediation equally. By mutual agreement, however, the parties may postpone mediation until they have each completed some specified, but limited discovery about the dispute. The parties may also agree to replace mediation with some other form of alternative dispute resolution (ADR), such as neutral fact-finding or a mini-trial.
DISPUTES AND DISPUTE RESOLUTION. Any disputes in respect of provision of the Legal Service that cannot be resolved at the commissioning point of contact shall be communicated to the Senior Project Board member (of the Service User) and the City Solicitor for resolution.
