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. Except as otherwise provided in this Consent Decree, in any other dispute brought under Paragraph 49, Defendant shall bear the burden of demonstrating that its position complies with this Consent Decree and better further the objectives of the Consent Decree.
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. Any dispute as the same is defined in the Labour Relations Code with respect to any matter not covered by the terms of this Agreement shall, during the term of this Agreement, be the subject of collective bargaining between the parties hereto, it being understood that the bargaining representatives of the Union may meet in the first instance with the Chief Constable.
Other Disputes. All disputes not covered under subparagraph (b) 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 Agreement. Each party shall bear its own costs of arbitration, including attorneys’ and experts’ fees. 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. 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 16.7.
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. Executive and Company agree that any disputes between them other than those arising out of or relating to Article VI of this Agreement shall be submitted to mediation. If not resolved in mediation, such dispute shall be finally resolved by arbitration in accordance with the Commercial Rules of the American Arbitration Association. During the arbitration, Executive will pay for Executive's own costs and attorneys' fees, if any, and Company will pay for its own costs and attorneys' fees, if any. Attorneys' fees and costs may be awarded by the arbitrator to the prevailing party. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The arbitrator shall not have the right to award speculative damages or punitive damages to either Executive or Company except as expressly permitted by statute and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. The place of arbitration shall be within twenty-five (25) miles of Company’s corporate headquarters in existence as of the date of the demand for arbitration. Any application to enforce or set aside the arbitration award shall be filed in a state or federal court located within the jurisdiction closest to Company’s headquarters in existence as of the date of the demand for arbitration.
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.
