Resolution of Technical Disputes Sample Clauses

Resolution of Technical Disputes. Any and all Technical Disputes shall be resolved solely and exclusively by binding arbitration undertaken pursuant to the procedures set forth in this Article XX. The Parties explicitly and irrevocably waive any right to trial and any right to trial by jury with respect to Technical Disputes.
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Resolution of Technical Disputes. In the event (a) that the Company believes that Parent’s determination of the “Performance Measurement Index,” as set forth in the First Product Consideration Chart, of the First Product was inaccurate, or (b) of any dispute or disagreement between Parent and the Company related to the technical aspects of any milestones or deliverables hereunder, including the measurement thereof, the Company (in the case of clause (a) or (b)), or the Parent (in the case of clause (b)), may request in writing a review of such matter; provided that, in the case of clause (a), the Company shall submit such request within fifteen (15) days of the receipt of Parent’s written determination of the Performance Index Multiplier for the First Product (the “Performance Review Request”). This review shall be conducted by an independent expert having a relevant technical background. The Company and Parent shall meet within five (5) days of the Performance Review Request and attempt to agree upon a technical expert. In the event that Parent and the Company cannot agree within ten (10) days of such meeting, each of Parent and the Company shall submit one (1) expert and such experts shall confer and select a third expert having a relevant technical background as soon as practicable (such person, whether agreed upon by the parties or selected through the process set forth in this sentence, shall be the “Performance Arbitrator”). The Performance Arbitrator will hear each party’s presentation within five (5) days of his or her selection. The Performance Arbitrator will rule within fifteen (15) days following the conclusion of such presentation by the parties. The Performance Arbitrator’s role shall be limited to determining (i) in the case of a matter subject to clause (a) of this Section 9.2, the performance of the First Product and/or the calculation of Performance Index Multiplier, as set forth in the First Product Consideration Chart, and (ii) in the case of a matter subject to clause (b) of this Section 9.2, such technical matter. The determination rendered by the Performance Arbitrator shall be final, binding and non-appealable. The costs of the performance review, including without limitation, fees of the Performance Arbitrator shall be borne equally by the parties.
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Resolution of Technical Disputes. If there is a Dispute in respect of clauses 6.7(e), 8.3(c), 8.6, 8.7(b), 8.8(a) 8.8(c), 8.10, 9.1(a), 9.1(d), 9.2 or 10.7: the Parties must seek to resolve the Dispute in accordance with clause
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Resolution of Technical Disputes. 25.1. In the event of a dispute arising between the Company and the Customer regarding the quality, quantity or performance of the Goods supplied by the Company, such dispute shall initially be referred to the Company’s local representative and the Customer’s manager, who shall, meet and use commercially reasonable endeavours to resolve such dispute.
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Resolution of Technical Disputes. 20.1.1 In the event of the technical disputes between the parties stipulated by provisions of Article 6.3.2 and/or Article 8.2.4 of this contract, the dispute shall be forwarded to third party for resolution, or, where applicable, to the authorised body. The third party or the authorised body shall be jointly appointed by the Provider and the Contracting authority by their unanimous decision within 15 calendar days from the day of the occurrence of subject dispute. Should the Parties fail to agree on a person or an authorised body which shall resolve the dispute, the Parties agree that such role shall be taken by the President (at the relevant time) of the Croatian Association of Civil Engineers in Zagreb, Croatia. The third party, appointed in the aforementioned manner, shall resolve the dispute within 30 calendar days from the day on which the Provider or Contracting authority have submitted the claim for dispute resolution to the aforementioned third party. Should the dispute not be resolved within 30 calendar days, the Parties shall agree on an extension of such period. Should the Parties fail to agree on the extension or should the dispute not be resolved either during the initial 30-day period or the extended period, a Party shall have the right to forward the dispute for resolution pursuant to Article 20.2.3.
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Resolution of Technical Disputes. ‌ If there is a Dispute in respect of clauses 6.7(e), 8.3(c), 8.6, 8.7(b), 8.8(a), 8.8(c), 8.10, 9.1(a), 9.1(d), 9.2 or 10.7:
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Resolution of Technical Disputes. If a dispute of a technical nature should arise in respect of the services to be performed pursuant to this Agreement, such dispute shall be referred for final settlement to (a) an expert nominated by the Parties, or (b) if the Parties are unable to agree on a nominee within thirty (30) days of the beginning of such dispute, a person nominated by the FAA and/or DGAC principal maintenance inspector having jurisdiction (any such person pursuant to (a) or (b) above, the “Expert”).
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Related to Resolution of Technical Disputes

  • Patent Disputes Notwithstanding any other provisions of this Article 11, and subject to the provisions of Section 6.2, any dispute, controversy or claim relating to the scope, validity, enforceability or infringement of any Intrexon Patents shall be submitted to a court of competent jurisdiction in the country in which such Patent was filed or granted.

  • Governing Law; Disputes This Agreement shall in accordance with Section 5-1401 of the General Obligations Law of New York in all respects be construed, governed, applied and enforced under the internal laws of the State of New York without giving effect to the principles of conflicts of laws and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York. Except as otherwise set forth in Article “19” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “21” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen (15%) percent or more. For example, if the party initiating arbitration (“A”) seeks an award of one hundred thousand ($100,000) dollars plus costs and expenses, the other party (“B”) has offered A fifty thousand ($50,000) dollars in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than fifty-seven thousand five hundred ($57,500) dollars to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Other Disputes Any other dispute (a “Dispute Item”) shall be resolved in accordance with the following provisions of this Article 7.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement. NCCI shall be entitled to reimbursement for all costs, including reasonable attorney’s fees and court costs/expenses incurred by NCCI in connection with obtaining any such determination, and/or in defending any claim made or legal action taken in connection with this Agreement or the agreement(s) between BUYER/MAKER and SELLER/HOLDER which are the subject matter of this collection, except as otherwise specified herein. SELLER/HOLDER hereby gives to NCCI a continuing lien on the proceeds to which they are otherwise entitled under this Agreement to cover such fees, costs and/or expenses.

  • Arbitration; Other Disputes In the event of any dispute or controversy arising under or in connection with this Agreement, the parties shall first promptly try in good faith to settle such dispute or controversy by mediation under the applicable rules of the American Arbitration Association before resorting to arbitration. In the event such dispute or controversy remains unresolved in whole or in part for a period of thirty (30) days after it arises, the parties will settle any remaining dispute or controversy exclusively by arbitration in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding the above, the Company shall be entitled to seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of Paragraph 4 or 5 hereof.

  • Applicable Law; Dispute Resolution i. This Agreement, and all claims, disputes or disagreements arising out of or connected with this Agreement, its validity or any breach thereof, shall be governed by the laws in effect in the State of Texas (excluding conflicts of laws provisions), and to the extent applicable to maritime issues, the maritime laws of the United States (excluding conflict of laws provisions).

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

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