Common use of Scope; Initiation Clause in Contracts

Scope; Initiation. Resolution (except for resolution of the Closing Balance Sheet under Section 2.8) of any and all disputes arising from or in connection with this Agreement, whether based on contract, tort, statute or otherwise, including disputes over arbitrability and disputes in connection with claims by third persons ("Disputes") shall be exclusively governed by and settled in accordance with the provisions of this Article X; provided, that the foregoing shall not preclude equitable or other judicial relief to enforce the provisions hereof or to preserve the status quo pending resolution of Disputes hereunder; and provided further that resolution of Disputes with respect to claims by third persons shall be deferred until any judicial proceedings with respect thereto are concluded. Either Party to this Agreement may commence proceedings hereunder by delivery of written notice providing a reasonable description of the Dispute to the other, including a reference to this Article (the "Dispute Notice").

Appears in 1 contract

Sources: Acquisition Agreement (Schawk Inc)

Scope; Initiation. Resolution (except for resolution of the Closing Balance Sheet under Section 2.8) of any and all disputes arising from or in connection with this Agreement, whether based on contract, tort, statute or otherwise, including disputes over arbitrability and disputes in connection with claims by third persons ("Disputes"( Disputes ) shall be exclusively governed by and settled in accordance with the provisions of this Article X; provided, that the foregoing shall not preclude equitable or other judicial relief to enforce the provisions hereof or to preserve the status quo pending resolution of Disputes hereunder; and provided further that resolution of Disputes with respect to claims by third persons shall be deferred until any judicial proceedings with respect thereto are concluded. Either Party to this Agreement may commence proceedings hereunder by delivery of written notice providing a reasonable description of the Dispute to the other, including a reference to this Article (the "Dispute Notice"Notice ).

Appears in 1 contract

Sources: Acquisition Agreement (Esco Electronics Corp)