Common use of NEGOTIATION, MEDIATION AND ARBITRATION Clause in Contracts

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 relief compelling compliance with the terms of this Agreement as provided in paragraph h. of this letter. If any party becomes the subject of a bankruptcy, receivership or other similar proceeding under the laws of the United States of America, any state or commonwealth or any other nation or political subdivision thereof, any factual or substantive legal issues arising in or during the pendency of any such proceeding shall be subject to all of the foregoing mandatory mediation and arbitration provisions and shall be resolved in accordance therewith. The agreements contained herein have been given for valuable consideration, are coupled with an interest and are not intended to be executory contracts.

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 CPR Institute for Dispute Resolution, Inc. ("AAACPR"), 000 Xxxx 00xx Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 [telephone (000) 000-0000; fax (000) 000-0000], AAA CPR will promptly designate a mediator who is independent and impartial, and AAACPR'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 YorkFort Worth, N.Y.Texas, within thirty (30) 30 days after the notice is sent. If the dispute is not resolved by negotiation or mediation within thirty (30) 30 days after the first notice to AAA CPR is sent, then, upon notice by any party to the other affected parties and to AAACPR, the controversy or dispute shall be submitted to a sole arbitrator who is independent and impartial, selected by AAACPR, for binding arbitration in New YorkFort Worth, N.Y.Texas, in accordance with AAACPR's Commercial Rules for Non-Administered Arbitration Rulesof Business Disputes. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Section Sections 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 relief compelling compliance with the terms of this Agreement as provided in paragraph h. of this letterenforced. If any party becomes the subject of a bankruptcy, receivership or other similar proceeding under the laws of the United States of America, any state or commonwealth or any other nation or political subdivision thereof, then, to the extent permitted or not prohibited by applicable law, any factual or substantive legal issues arising in or during the pendency of any such proceeding shall be subject to all of the foregoing mandatory mediation and arbitration provisions and shall be resolved in accordance therewith. The agreements contained herein have been given for valuable consideration, are coupled with an interest and are not intended to be executory contracts.

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"”), 000 100 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 ’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 YorkDallas, N.Y.Texas, within thirty (30) days after the notice of mediation 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 in accordance with the rules of the AAA, for binding arbitration in New YorkDallas, N.Y.Texas, in accordance with AAA's ’s Commercial Arbitration Rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Section Sections 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 forth herein), and except a proceeding instituted to obtain injunction relief compelling compliance with the terms of this Agreement as provided in paragraph h. of this letter. If any party becomes the subject of a bankruptcy, receivership or other similar proceeding under the laws of the United States of America, any state or commonwealth or any other nation or political subdivision thereof, any factual or substantive legal issues arising in or during the pendency of any such proceeding shall be subject to all of the foregoing mandatory mediation and arbitration provisions and shall be resolved in accordance therewith. The agreements Agreements contained herein have been given for valuable consideration, are coupled with an interest and are not intended to be executory contracts. Section 10.7 controls over any conflict between Section 10.7 and this Section 18.9.

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 ’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 YorkDallas, N.Y.Texas, within thirty (30) days after the notice of mediation 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 in accordance with the rules of the AAA, for binding arbitration in New YorkDallas, N.Y.Texas, in accordance with AAA's ’s Commercial Arbitration Rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Section Sections 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 forth herein), and except a proceeding instituted to obtain injunction relief compelling compliance with the terms of this Agreement as provided in paragraph h. of this letter. If any party becomes the subject of a bankruptcy, receivership or other similar proceeding under the laws of the United States of America, any state or commonwealth or any other nation or political subdivision thereof, any factual or substantive legal issues arising in or during the pendency of any such proceeding shall be subject to all of the foregoing mandatory mediation and arbitration provisions and shall be resolved in accordance therewith. The agreements Agreements contained herein have been given for valuable consideration, are coupled with an interest and are not intended to be executory contracts.. Section 10.7 controls over any conflict between Section 10.7 and this Section 18.9. OxySure® Distribution Agreement