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 VI, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute (unless, but only to the extent, such relief is not permitted by the terms of any commercial or other applicable agreement between the Parties) without first complying with the procedures set forth in Section 6.1, Section 6.2 and Section 6.3 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 Party may initiate arbitration before the expiration of the periods specified in Section 6.1, Section 6.2 and/or Section 6.3 if such Party has submitted an Officer Negotiation Request, a CEO Negotiation Request and/or an Arbitration Request, as applicable, and the applicable other Party has failed to comply with Section 6.1, Section 6.2 and/or Section 6.3, as applicable, 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, the other Party may commence and prosecute such arbitration unilaterally in accordance with the JAMS Rules.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIVII, (a) a Party may (i) seek preliminary provisional or injunctive judicial relief with respect to a Dispute (unless, but only to the extent, such relief is not permitted by the terms of any commercial or other applicable agreement between the Parties) without first complying with the procedures set forth in Section 6.1Sections 7.1, Section 6.2 7.2 and Section 6.3 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) harm and (b) any either Party may initiate arbitration before the expiration of the periods specified in Section 6.1, Section 6.2 and/or Section 6.3 Sections 7.2 and 7.3 if (i) such action is reasonably necessary to avoid irreparable harm or (ii) such Party has submitted an Officer Negotiation Request, a CEO Negotiation Mediation Request and/or an or Arbitration Request, as applicable, (A) and the other Party has failed, within the applicable other periods set forth in Section 7.2, to agree upon a date for the first mediation session to take place within thirty (30) days after the appointment of such mediator or such longer period as the Parties may agree to in writing or (B) such Party has failed to comply with Section 6.1, Section 6.2 and/or Section 6.3, as applicable, 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 sentencesuch event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the JAMS Arbitration 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 Sections 7.1, 7.2 and 7.3.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIVII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute (unless, but only to the extent, such relief is not permitted by the terms of any commercial or other applicable agreement between the Parties) without first complying with the procedures set forth in Section 6.17.1, Section 6.2 7.2 and Section 6.3 7.3 if the Party believes in good faith that 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 either Party may initiate arbitration before the expiration of the periods specified in Section 6.17.1, Section 6.2 and/or 7.2 and Section 6.3 7.3 if such Party has submitted an Officer Negotiation Request, a CEO Negotiation Request an Unresolved Dispute Notice and/or an Arbitration Request, as applicable, Request and the applicable other Party has failed to comply with Section 6.17.1, Section 6.2 7.2 and/or Section 6.3, as applicable, 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 sentencesuch event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the JAMS provisions of the CPR Rules. Except as set forth in this Section 7.4, each Party agrees on behalf of itself and its Group that the procedures set forth in this Article VII shall be the exclusive means for resolution of any Dispute.