Other Disputes Sample Clauses

Other Disputes. Any other dispute (a “Dispute Item”) shall be resolved in accordance with the following provisions of this Article 7.
Other Disputes. If Section 19.1 does not apply to any claim or controversy between the parties, the parties may nevertheless, but need not, mutually agree to submit any controversy or claim to arbitration as though Section 19.1 did apply. Failing any such mutual agreement, either party may bring proceedings against the other with respect to any claim or controversy in any court of competent jurisdiction that satisfies the venue requirements set forth in Section 20.8. Nothing in this Section 19.2 imposes upon either party any obligation to discuss possible arbitration of any claim or controversy to which Section 19.1 does not apply before bringing any court proceedings with respect to that claim or controversy.
Other Disputes. The Parties agree to make every reasonable effort to resolve amicably through mutual agreement any dispute that may arise between them pursuant to this BOA. If such efforts are unsuccessful in resolving the disputes, all disputes not covered under Paragraph A above shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration shall be conducted in Washington, DC. Arbitrators shall be empowered to award only direct damages consistent with the terms of this BOA, the applicable Annex and the Orders. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable District of Columbia statute of limitation for such claim. Each Party shall bear its own costs of arbitration, including attorneys’ and expertsfees. An arbitration decision shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
Other Disputes. Disputes which do not fall within the definition of a grievance set forth in 9.1 above and which challenge the legality including the constitutionality, or the propriety, or the reasonableness of a Department rule, order, or regulation, shall first be referred by the employee involved to the Association, as the exclusive representative of the bargaining unit pursuant to the provisions of NRS 288. If the Association deems it appropriate to pursue the dispute, it is to be filed in the first instance with the Deputy Chief/Assistant Sheriff or Undersheriff, as appropriate to the chain of command. The level of the Undersheriff would be utilized if the issue arises at the Assistant Sheriff level. A meeting will be scheduled by the Deputy Chief/Assistant Sheriff or Undersheriff with the Association for the purpose of resolving the dispute. The Deputy Chief/Assistant Sheriff or Undersheriff shall, within thirty (30) calendar days of the conclusion of such meetings, furnish the Association with a written response. If the Association wishes to pursue the matter further, it may do so as allowed within the confines of NRS 288.
Other Disputes. In the event good faith efforts do not resolve disputes unrelated to Errors & Omissions, the Parties agree to make a good faith effort to determine if mediation might be productive in resolving any such dispute. If the Parties determine that mediating the dispute would be productive, the Parties agree to use reasonable efforts to establish an agreement through which such mediation proceeding could take place. In the event such a mediation proceeding takes place, the Parties acknowledge and agree that any mediator or mediators retained to assist the Parties in resolving any dispute will not have the power to issue a decision that will bind the Parties, but will merely act as a facilitator in the process of the Parties’ attempting to resolve the dispute through mutual agreement. In the event that through good faith efforts or mediation proceedings (if entered into) it is determined that the dispute includes issues related to Errors and Omissions, the Errors & Omissions Claims Process shall be followed.
Other Disputes. For clarity, disputes arising between the Parties in connection with or relating to this Agreement or any document or instrument delivered in connection herewith that are outside of the jurisdiction of the JSC shall be resolved pursuant to Section 15.6.
Other Disputes. In the event a dispute arises with a Non-Participant which receives or is eligible to receive service under this Agreement or the Tariff with respect to such service, the Non-Participant shall have the right to have the dispute considered by the Management Committee. In the event the Non-Participant is aggrieved by the Management Committee's vote on the dispute, and the vote has any of the effects specified in paragraph A of this Section 21.1, the aggrieved Non- Participant may require that the dispute be resolved in accordance with this Section 21.1. To the extent that NEPOOL provides services to Non-Participants under separate agreements, the Management Committee shall incorporate the provisions of this Section by reference in any such agreement, in which case the term
Other Disputes. Except as provided in Section 12.3 above, the parties will have no obligation to arbitrate any other disputes, claims or controversies of any kind arising out of or related to this Agreement, including but not limited to any dispute, claim or controversy relating to the scope of the Project or the party's respective ownership rights to any Innovation or Product. In addition, any claim by one party against the other for injunctive or preliminary relief, whether or not related to this Agreement, may be litigated in a court of competent jurisdiction.
Other Disputes. Where a Party has served a written notice upon the other requesting arbitration of a dispute that is not subject to Section 11.2, any such dispute shall be submitted to final and binding arbitration under the then current commercial arbitration rules of the American Arbitration Association (the “AAA”) in accordance with this Section 11.3. The place of arbitration of any dispute shall be New York, New York. Such arbitration shall be conducted by one (1) arbitrator mutually agreed by the Parties but if such agreement cannot be reached within ten (10) days of the commencement of the arbitration, then an arbitrator appointed by the AAA. The arbitrator shall be a person with relevant experience in the pharmaceutical industry. The arbitration proceeding shall be held as soon as practicable but in any event within ninety (90) days of appointment of the arbitrator. Any award rendered by the arbitrators shall be final and binding upon the Parties. Judgment upon any award rendered may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall render a formal, binding, non-appealable resolution and award as expeditiously as possible, but not more than thirty (30) days after the hearing. Each Party shall pay its own expenses of arbitration, and the expenses of the arbitrator shall be equally shared between the Parties unless the arbitrators assess as part of their award all or any part of the arbitration expenses of a Party (including reasonable attorneys’ fees) against the other Party. A Party may make application to the Arbitrator for the award and recovery of its fees and expenses (including reasonable attorneys’ fees).