Common use of Litigation and Unilateral Commencement of Arbitration Clause in Contracts

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.1, Section 7.2 and Section 7.3 if such action is reasonably necessary to avoid irreparable damage (it being understood that such initiating Party may, at its election, pursue arbitration, including seeking arbitral relief on a preliminary or interim basis, in lieu of such judicial relief) and (b) any of the applicable Parties may initiate arbitration before the expiration of the periods specified in Section 7.1, Section 7.2 and/or Section 7.3 if such Party has submitted an Officer Negotiation Request, a Mediation Request and/or an Arbitration Request and any of the other applicable Parties has failed to comply with Section 7.1, Section 7.2 and/or Section 7.3 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In the circumstances contemplated by clause (b) of the immediately preceding sentence, such applicable Party may commence and prosecute such arbitration unilaterally in accordance with the CPR arbitration procedure.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIVIII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.18.1, Section 7.2 8.2 and Section 7.3 8.3 if such action is reasonably necessary to avoid irreparable damage (it being understood that such initiating Party may, at its election, pursue arbitration, including seeking arbitral relief on a preliminary or interim basis, in lieu of such judicial relief) and (b) any of the applicable Parties either Party may initiate arbitration before the expiration of the periods specified in Section 7.18.1, Section 7.2 8.2 and/or Section 7.3 8.3 if such Party has submitted an Officer Negotiation Request, a Mediation CEO Negotiation Request and/or an Arbitration Request and any of the other applicable Parties Party has failed to comply with Section 7.18.1, Section 7.2 8.2 and/or Section 7.3 8.3 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In the circumstances contemplated by clause (b) of the immediately preceding sentence, such applicable the other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR arbitration procedureJAMS Rules.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIVIII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.1, Section 7.2 Sections 8.01 and Section 7.3 8.02 if such action is reasonably necessary to avoid irreparable damage (it being understood that such initiating Party may, at its election, pursue arbitration, including seeking arbitral relief on a preliminary or interim basis, in lieu of such judicial relief) and (b) any of the applicable Parties either Party may initiate arbitration before the expiration of the periods specified in Section 7.1, Section 7.2 and/or Section 7.3 8.02 if such Party has submitted an Officer Negotiation Request, a Mediation Request and/or an Arbitration Request and any of the other applicable Parties Party has failed to comply with Section 7.1, Section 7.2 and/or Section 7.3 8.02 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the circumstances contemplated by clause (b) of the immediately preceding sentence, such applicable other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR arbitration procedureArbitration Rules. Immediately following the issuance of any preliminary provisional or injunctive relief pursuant to clause (a) of the immediately preceding sentence, the Party seeking such relief will consent to the stay of any judicial proceedings pending the resolution of the Dispute pursuant to the procedures set forth in Section 8.01.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIVIII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.18.01, Section 7.2 8.02 and Section 7.3 8.03 if such action is reasonably necessary to avoid irreparable damage (it being understood that such initiating Party may, at its election, pursue arbitration, including seeking arbitral relief on a preliminary or interim basis, in lieu of such judicial relief) and (b) any of the applicable Parties either Party may initiate arbitration before the expiration of the periods specified in Section 7.18.01, Section 7.2 8.02 and/or Section 7.3 8.03 if such Party has submitted an Officer Negotiation Request, a Mediation CEO Negotiation Request and/or an Arbitration Request and any of the other applicable Parties Party has failed to comply with Section 7.18.01, Section 7.2 8.02 and/or Section 7.3 8.03 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the circumstances contemplated by clause (b) of the immediately preceding sentence, such applicable other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR arbitration procedureArbitration Rules. Immediately following the issuance of any preliminary provisional or injunctive relief pursuant to clause (a), the Party seeking such relief will consent to the stay of any judicial proceedings pending the resolution of the Dispute pursuant to the procedures set forth in Section 8.01, Section 8.02 and Section 8.03.