Further steps required before proceedings Clause Samples
The 'Further steps required before proceedings' clause sets out specific actions that parties must undertake prior to initiating formal legal proceedings. Typically, this involves requirements such as engaging in good faith negotiations, participating in mediation, or providing written notice of a dispute. By mandating these preliminary steps, the clause aims to encourage resolution of disputes without resorting to litigation, thereby saving time and costs and preserving business relationships.
Further steps required before proceedings. Subject to 13.14 and 13.15 and except as otherwise expressly provided in this Agreement, any Dispute must, as a condition precedent to the commencement of litigation, mediation under clause 13.5 or determination by an expert under clause 13.6, first be referred to the Representatives. The Representatives must endeavour to resolve the dispute within five (5) Business Days of the date a notice under clause 13.1 is served.
Further steps required before proceedings.
(1) For the purpose of this clause 15.3, the Representatives are:
(a) in the case of the Developer, the Chairman of that company from time to time, or if there is no Chairman, any one (1) of its Directors; and
(b) in the case of Council, the General Manager from time to time.
(2) Within ten (10) business days of a Dispute Notice being served, the Representatives of the parties must meet in order to attempt to resolve the Dispute.
Further steps required before proceedings. (a) Except as provided in paragraph 3(b), any Dispute between Parties arising in connection with this Deed or its subject matter must as a condition precedent to the commencement of litigation first be the subject of mediation between a person appointed from time to time by each (under written notice to the other Parties) to represent that Party and:
(i) If the Parties to the dispute cannot agree on a mediator within 10 Business Days of receipt by the relevant Part of the Dispute Notice, any such Party may request the President of the New South Wales Law Society to appoint a mediator;
(ii) Each Party must use its best efforts to resolve the dispute by a mediation procedure to be agreed upon by each Party to the dispute; and
(iii) If the mediation does not result in the resolution of the dispute within 30 Business Days of the Dispute Notice, then any Party to the Dispute is entitled to commence litigation in respect of that dispute
(b) If the Dispute the subject of the Dispute Notice is:
(i) Technical Dispute the value of which is more than $1 million (excluding prospective Legal Costs); or
(ii) a Non-Technical Dispute, the Dispute is to be referred to the CEOs.
(c) If the CEOs are unable in good faith to settle the Dispute within 15 Business Days after the Dispute Notice (or such longer period as the CEOs may unanimously agree), then, unless the CEOs unanimously agree in writing to the contrary (including an agreement that this Schedule 7 will apply as if the Dispute were a Technical Dispute) any one Party may take whatever course of action it deems appropriate for the purpose of resolving the Dispute and the provisions of this Schedule 7 will not apply.
Further steps required before proceedings. Any dispute between the parties arising in connection with this deed or its subject matter must be the subject of mediation.
Further steps required before proceedings. The Representatives must endeavour to resolve the dispute within five (5) Business Days of the date a notice under clause 9.1 is served.
Further steps required before proceedings. Any dispute between the Parties arising in connection with the VPA or its subject matter must, as a condition precedent to the commencement of litigation, first be the subject of mediation by a mediator agreed by the Parties and, if the Parties cannot agree within 14 days, then by a mediator appointed by LEADR.
Further steps required before proceedings. Alternative 1
Further steps required before proceedings. (a) Any dispute between the Parties arising in connection with this Planning Agreement or its subject matter must as a condition precedent to the commencement of litigation first be the subject of mediation by a mediator agreed from time to time by each Party to the dispute.
(b) If the Parties to the dispute cannot agree on a mediator within 10 Business Days of receipt by the relevant Party of the notice referred to in paragraph 2(a), either Party may request LEADR to appoint a mediator.
(c) Each party must use its best efforts to resolve the dispute by a mediation procedure to be agreed upon by each Party to the dispute.
(d) If mediation does not result in the resolution of the dispute within 30 Business Days of the notice referred to in paragraph 2(a) (or such longer period as the Parties agree in writing), then either Party is entitled to commence litigation in respect of that dispute.