NEGOTIATION, MEDIATION AND ARBITRATION. Any dispute with respect to this Agreement, with the exception of disputes arising under Section 5, shall first be submitted to good faith negotiation within 10 days of notice. If this fails to settle the dispute, then both parties agree to submit the dispute within thirty (30) days of notice to professional mediation under the Commercial Mediation Rules of the American Arbitration Association, with such costs to be borne equally by both parties. If mediation fails to produce resolution of the dispute, then the dispute shall be submitted to binding arbitration in the City of Phoenix, Arizona. In accordance with the rules of the American Arbitration Association as then in force, by a panel of three arbitrators. Executive and Company shall each select one member of the panel, and the third remaining member shall be selected through mutual agreement of the first two panel members. The panel shall decide all matters in accordance with applicable law and this Agreement. All costs in connection with any proceedings hereunder shall be borne equally by the parties, unless otherwise determined by the panel. The panel's award shall be final, conclusive, and binding on all parties, and shall be the exclusive remedy regarding any claims, counter-claims, issues, or accounting presented or pled to the panel. Judgment on the award may be entered in any court or other tribunal of competent jurisdiction. All costs and fees incidental to the enforcement of any award shall be charged, to the maximum permitted extent, against the party resisting enforcement. Notwithstanding the foregoing, this Section shall not limit the right of any party to seek to obtain in any court or other tribunal any interim relief or provisional remedy, including, without limitation, injunctive relief or attachment. Seeking or obtaining such interim relief or provisional remedy shall not constitute waiver of the right to arbitration hereunder.
NEGOTIATION, MEDIATION AND ARBITRATION. 8.2.1 In accordance with the latest edition of the Rules for Mediation of Construction Disputes as provided in CCDC 40, the parties shall appoint a Project Mediator within thirty (30) days after the Contract was awarded. If the parties are unable to agree upon a Project Mediator within the prescribed time, then either party may request a judge of the Superior Court for the Province of Ontario to appoint the Project Mediator. The parties may at any time mutually agree in respect to a particular dispute not to proceed with either or both of the dispute resolution procedures set out in GC 8.2.4 and GC 8.2.5.
NEGOTIATION, MEDIATION AND ARBITRATION. 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator
NEGOTIATION, MEDIATION AND ARBITRATION. The parties will attempt in good faith to resolve any controversy or dispute arising out of or relating to this Agreement promptly by negotiations between or among the parties. If any party reaches the conclusion that the controversy or dispute cannot be resolved by unassisted negotiations, such party may notify the American Arbitration Association ("AAA"), 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 [telephone (000) 000-0000; fax (000) 000-0000], AAA will promptly designate a mediator who is independent and impartial, and AAA's decision about the identity of the mediator will be final and binding. The parties agree to conduct at least eight (8) consecutive hours of mediated negotiations in New York, N.Y., within thirty (30) days after the notice is sent. If the dispute is not resolved by negotiation or mediation within thirty (30) days after the first notice to AAA is sent, then, upon notice by any party to the other affected parties and to AAA, the controversy or dispute shall be submitted to a sole arbitrator who is independent and impartial, selected by AAA, for binding arbitration in New York, N.Y., in accordance with AAA's Commercial Arbitration Rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Section 1-16 (or by the same principles enunciated by such Act in the event it may not be technically applicable). The parties agree that they will faithfully observe this Agreement and will abide by and perform any award rendered by the arbitrator. The award or judgment of the arbitrator shall be final and binding on all parties. No litigation or other proceeding may be instituted in any court for the purpose of adjudicating, interpreting or enforcing any of the rights or obligations relating to the subject matter hereof, whether or not covered by the express terms of this Agreement, or for the purpose of adjudicating a breach or determination of the validity of this Agreement, or for the purpose of appealing any decision of an arbitrator, except a proceeding instituted for the sole purpose of having the award or judgment of an arbitrator entered and enforced or for the sole purpose of seeking a temporary restraining order or temporary or permanent injunction (provided, that any damages or costs issues shall not be decided by any court hearing such petition but shall be adjudicated in accordance with the mediation and arbitration procedures set forther herein), and except a proceeding instituted to obtain injunction re...
NEGOTIATION, MEDIATION AND ARBITRATION. 8.2.1 In accordance with the Rules for Mediation of Construction Disputes as provided in CCDC 40 in effect at the time of bid closing, the parties shall appoint a Project Mediator .1 within 20 Working Days after the Contract was awarded, or .2 if the parties neglected to make an appointment within the 20 Working Days, within 10 Working Days after either party by Notice in Writing requests that the Project Mediator be appointed.
NEGOTIATION, MEDIATION AND ARBITRATION. 11.1 If a dispute arises out of or relates to this Agreement or its breach (the “Matter”), the parties agree to resolve the Matter as follows:
NEGOTIATION, MEDIATION AND ARBITRATION. 42.1 For the purpose of this Article 42.1, “
NEGOTIATION, MEDIATION AND ARBITRATION. Delete paragraphs 8.2.6, 8.2.7, and 8.2.8 in their entirety and substitute new subparagraph 8.2.6:
NEGOTIATION, MEDIATION AND ARBITRATION. GC8.2.1.1 is deleted in its entirety and replaced as follows:
NEGOTIATION, MEDIATION AND ARBITRATION. (a) Buyer, on behalf of Xxxxx and Xxxxx's successors and assigns, and in his or her capacity as a member of the Association and/or the Board, and Seller agree that there shall be no right to litigate in respect of the Covered Matters (defined below), and in the event the Board, the Association, Buyer, Seller or any other person with an interest in the Subdivision shall have any claim or cause of action arising out of or in any way related to (i) the Declaration, the Restricted Use Covenant (if applicable), the Bylaws, the Association Rules or the enforcement thereof, (ii) the design or orientation of the Subdivision or the Lot, or the improvements to the Lot as they relate to adjacent or nearby properties and/or exposure to the sun, the wind, and other elements, (iii) the development, construction, quality, sales, marketing, disclosures concerning, financing, or delivery of the common areas of the Subdivision, the Subdivision or the Lot or the improvements to the Lot, (iv) the reservations with respect to, or limitations on, use or purpose of the Subdivision, the common areas of the Subdivision or the Lot or any improvements thereto, (v) the agreements, decisions, and determinations of the Board and/or the Association or the enforcement thereof, or (vi) any other aspect of or activity with respect to this Agreement, the common areas of the Subdivision, the Subdivision or the Lot (herein collectively the "Covered Matters"), against any of those persons hereinafter defined as Covered Parties, such claim or cause of action (a "Dispute"), whether such Dispute is based on contract, tort, common law or statute, including, without limitation, any Dispute over (A) the disposition of any deposits, (B) breach of contract, (C) negligent or intentional misrepresentation or fraud, (D) nondisclosure, (E) breach of any alleged duty of good faith and fair dealing, (F) allegations of latent or patent construction defects, or (G) any other matter arising from or related to the interpretation of any term or provision of this Agreement, the Declaration, the Restricted Use Covenant (if applicable), the Bylaws or the Association Rules, or any defense going to the formation or validity of this Agreement, the Declaration, the Restricted Use Covenant (if applicable), the Bylaws, or the Association Rules or any provision of this Agreement, the Declaration, the Restricted Use Covenant (if applicable), the Bylaws or the Association Rules, including, without limitation, allegations of...
