Common use of TERMINATION OF PROCEDURE Clause in Contracts

TERMINATION OF PROCEDURE. The parties agree to participate in the mediation procedure to its conclusion. The mediation shall be terminated (i) by the execution of a settlement agreement by the parties, (ii) by a declaration of the mediator that the mediation is terminated, or (iii) by a written declaration of a party to the effect that the mediation process is terminated at the conclusion of one full day's mediation session. Even if the mediation is terminated without a resolution of the Dispute, the parties agree not to terminate negotiations and not to commence any legal action or seek other remedies prior to the expiration of five days following the mediation. Notwithstanding the foregoing, any party may commence litigation within such five day period if litigation could be barred by an applicable statute of limitations or in order to perpetuate an injunction.

Appears in 1 contract

Samples: Contribution Agreement (Unwired Telecom Corp)

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TERMINATION OF PROCEDURE. The parties agree to participate in ------------------------ the mediation procedure to its conclusion. The mediation shall be terminated (i) by the execution of a settlement agreement by the parties, (ii) by a declaration of the mediator that the mediation is terminated, or (iii) by a written declaration of a party to the effect that the mediation process is terminated at the conclusion of one full day's mediation session. Even if the mediation is terminated without a resolution of the Dispute, the parties agree not to terminate negotiations and not to commence any legal action or seek other remedies prior to the expiration of five days following the mediation. Notwithstanding the foregoing, any party may commence litigation within such five day period if litigation could be barred by an applicable statute of limitations or in order to perpetuate request an injunctioninjunction to prevent irreparable harm.

Appears in 1 contract

Samples: Contribution Agreement (Unwired Telecom Corp)

TERMINATION OF PROCEDURE. The parties agree to participate in the mediation procedure to its conclusion. The mediation shall be terminated (i) by the execution of a settlement agreement by the parties, (ii) by a declaration of the mediator that the mediation is terminated, or (iii) by a written declaration of a party to the effect that the mediation process is terminated at the conclusion of one full day's mediation session. Even if the mediation is terminated without a resolution of the Dispute, the parties agree not to terminate negotiations and not to commence any legal action or seek other remedies prior to the expiration of five (5) days following the mediation. Notwithstanding the foregoing, any party part may commence litigation within such five (5) day period if litigation could be barred by an applicable statute of limitations or in order to perpetuate request an injunctioninjunction to prevent irreparable harm.

Appears in 1 contract

Samples: Employment Agreement (North American Gaming & Entertainment Corp)

TERMINATION OF PROCEDURE. The parties agree to participate in the mediation procedure to its conclusion. The mediation shall be terminated (i) by the execution of a settlement agreement by the parties, (ii) by a declaration of the mediator that the mediation is terminated, or (iii) by a written declaration of a party to the effect that the mediation process is terminated at the conclusion of one full day's mediation session. Even if the mediation is terminated without a resolution of the Dispute, the parties agree not to terminate negotiations and not to commence any legal action or seek other remedies prior to the expiration of five days following the mediation. Notwithstanding the foregoing, any party may commence litigation within such five day period if litigation could be barred by an applicable statute of limitations or in order to perpetuate request an injunctioninjunction to prevent irreparable harm.

Appears in 1 contract

Samples: Contribution Agreement (Unwired Telecom Corp)

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TERMINATION OF PROCEDURE. The parties agree to participate in the ------------------------ mediation procedure to its conclusion. The mediation shall be terminated (i) by the execution of a settlement agreement by the parties, (ii) by a declaration of the mediator that the mediation is terminated, or (iii) by a written declaration of a party to the effect that the mediation process is terminated at the conclusion of one full day's mediation session. Even if the mediation is terminated without a resolution of the Dispute, the parties agree not to terminate negotiations and not to commence any legal action or seek other remedies prior to the expiration of five days following the mediation. Notwithstanding the foregoing, any party may commence litigation within such five day period if litigation could be barred by an applicable statute of limitations or in order to perpetuate request an injunctioninjunction to prevent irreparable harm.

Appears in 1 contract

Samples: Contribution Agreement (Unwired Telecom Corp)

TERMINATION OF PROCEDURE. The parties agree to participate in the mediation procedure to its conclusionconclusion as set forth in this section. The mediation shall may be terminated concluded (i1) by the execution signing of a settlement agreement by the parties, (ii2) by a the mediator’s declaration of the mediator that the mediation is terminated, or (iii3) by a written declaration of a party to the effect that the mediation process is terminated either party, no earlier than at the conclusion of one a full day's ’s mediation, that the mediation sessionis terminated. Even if the mediation is terminated without a resolution of resolving the Disputedispute, the parties agree not to terminate negotiations and not to commence begin any legal action or seek other remedies prior to another remedy before the expiration of five (5) days following the termination of the mediation. Notwithstanding the foregoing, any A party may commence litigation begin arbitration within such five day this period only if litigation could the arbitration might otherwise be barred by an applicable statute of limitations or in order to perpetuate request an injunctioninjunction from a Court of competent jurisdiction to prevent irreparable harm.

Appears in 1 contract

Samples: Master Products and Services Agreement

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