Common use of Mediation of Disputes Clause in Contracts

Mediation of Disputes. No party to this Agreement shall initiate any litigation against any other party to this Agreement concerning any controversy or claim arising out of or relating to this Agreement or any agreements or instruments relating hereto or delivered in connection herewith, including, but not limited to, any claim based on or arising from an alleged tort, unless and until (i) at least 60 days before the same shall be filed, a complete copy of each of the summons and complaint (and/or any other documentation required to initiate such litigation) to be filed by the complaining party shall have been delivered to the other party or parties to any such dispute, and (ii) the complaining party has made itself available to meet in Los Angeles, California with the other party or parties for no more than 3 business days of non-binding mediation. Until and unless such mediation has taken place, the complaining party must give notice to the non-complaining party that it will, and then it must, make itself available for such mediation during at least 20 business days during the 60 days before the date on which such summons and complaint will be filed.

Appears in 12 contracts

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (American Family Holdings Inc), Agreement of Purchase and Sale and Joint Escrow Instructions (American Family Holdings Inc), Agreement of Purchase and Sale and Joint Escrow Instructions (American Family Holdings Inc)

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Mediation of Disputes. No party to this Agreement shall initiate any litigation against any other party to this Agreement concerning concerning, any controversy or claim arising out of or relating to this Agreement or any agreements or instruments relating hereto or delivered in connection herewith, including, but not limited to, any claim based on or arising from an alleged tort, unless and until (i) at least 60 days before the same shall be filed, a complete copy of each of the summons and complaint (and/or any other documentation required to initiate such litigation) to be filed by the complaining party shall have been delivered to the other party or parties to any such dispute, and (ii) the complaining party has made itself available to meet in Los Angeles, California with the other party or parties for no more than 3 business days of non-binding mediation. Until and unless such mediation has taken place, the complaining party must give notice to the non-complaining party that it will, and then it must, make itself available for such mediation during at least 20 business days during the 60 days before the date on which such summons and complaint will be filed.

Appears in 1 contract

Samples: Agreement of Purchase and Sale and Joint Escrow Instructions (American Family Holdings Inc)

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