Voluntary Dispute Resolution Clause Samples

Voluntary Dispute Resolution. If Licensee has a dispute over the amount of any fees, compensation, charges, or reimbursements due or paid to Manager under this Agreement, Licensee will nevertheless within the required time for payment pay, pursuant to SECTION 12.1, all amounts which are not in dispute and supply a written explanation of reasons for disputing the unpaid amount. The Parties will cooperate in good faith to resolve any such disputes within a 30 day period after the due date of the original charges. All unresolved disputes and controversies of every kind and nature between the Parties arising out of or in connection with this Agreement as to the construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, or breach shall be resolved according to the provisions of SECTIONS 10.6 and 10.7 of the Agreement and Plan of Reorganization.

Voluntary Dispute Resolution. Any dispute which may arise between the parties concerning this agreement may be determined on a voluntary basis between the Parties as follows: 17.9.1 The dispute shall be referred to the Managing Director of Midatech and the Director of the Office of Technology Transfer of CSIC who shall negotiate in good faith in an attempt to resolve the dispute as soon as reasonably practicable. If those negotiations do not result in a settlement of the dispute within 14 days either Party may propose to the other by notice in writing the matter be referred to an independent expert who shall be qualified and experienced in dealing with the subject matter of the dispute in question (the Independent Expert). 17.9.2 The Independent Expert shall be instructed to reach his determination within 30 days (or such other period as the parties shall agree). He shall act as expert and not as arbitrator but in any event his decision shall not be binding on the Parties. 17.9.3 All negotiations connected with any dispute shall be conducted in complete confidence and the parties undertake not to divulge details of such negotiations except to their respective professional advisers bound by professional rules and such negotiations shall be without prejudice to the rights of the parties in any future proceedings. 17.9.4 The costs of the Independent Expert shall be shared equally by the parties unless the Independent Expert recommends otherwise, in which case the Parties will give effect to such recommendations. 17.9.5 Until such time as any dispute is formally agreed between the parties CSIC will, unless otherwise agreed by Midatech, continue to perform this Agreement in accordance with its provisions.

Voluntary Dispute Resolution. (a) All disputes and controversies relating to the interpretation, construction, performance or breach of this Agreement, the Development Agreement or the Management Agreement may be resolved by submission to binding arbitration at the offices of JAMS/ENDISPUTE located in Delaware ("JAMS"); provided that both members agree to subject themselves to such dispute resolution procedure. If agreement is reached between the Members that they will subject themselves to an arbitration proceeding, either party can initiate arbitration by sending written notice of an intention to arbitrate by registered or certified mail to the other party hereto and to JAMS. The notice must contain a description of the dispute and the remedy sought. If and when a demand for arbitration is made by either party, the parties agree to abide by the then-current rules and procedures established by JAMS for discovery, the conduct of the arbitration hearing, and appeal of the arbitration award. The parties may agree on a retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of three available judges and each party may strike one. The remaining judge will serve as the arbitrator at the settlement conference. (b) The arbitration shall be governed by Delaware law, shall be submitted to arbitration in Delaware and judgment upon the award rendered by the arbitrator may be entered in any federal or state court having jurisdiction thereof. The parties agree that arbitration must be initiated within nine (9) months after the claimed breach occurred and that the failure to initiate arbitration within said period constitutes an absolute bar to the institution of any new proceeding. (c) The prevailing party in any arbitration proceeding shall be entitled to reasonable attorneys' fees and costs as determined by the arbitrator as part of its decision in the arbitration.

Voluntary Dispute Resolution. 33.1 A dispute among owners, tenants, the strata corporation or any combination of them may be referred to a dispute resolution committee by a party to the dispute if (a) all the parties to the dispute consent, and (b) the dispute involves the Act, the regulations, the bylaws or the rules. 33.2 A dispute resolution committee consists of (a) one owner or tenant of the strata corporation nominated by each of the disputing parties and one owner or tenant chosen to chair the committee by the persons nominated by the disputing parties, or (b) any number of persons consented to, or chosen by a method that is consented to, by all the disputing parties. 33.3 The dispute resolution committee must attempt to help the disputing parties to voluntarily end the dispute.

Voluntary Dispute Resolution. If United has a dispute over the amount of any fees, compensation, charges or reimbursements due or paid to Percom under this Agreement, United will nevertheless within the required time for payment pay all amounts which are not in dispute and supply written explanation of reasons for disputing the unpaid amount. The parties will cooperate in good faith to resolve any such disputes within a thirty (30) day period after the due date of the original charges. If the dispute is not resolved during this period, then either party may seek arbitration as provided in Section B hereof.

Voluntary Dispute Resolution. In recognition of the government-to-government relationship of the Tribe and the County, the Parties will make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible. Therefore, without prejudice to the right of either Party to seek injunctive or other relief, the Parties hereby establish a threshold requirement that disputes between the Tribe and the County first be subjected to a process of meeting and conferring in good faith to ▇▇▇▇▇▇ a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance with the terms, provisions, and conditions of this Agreement, as follows: 1. Either Party will give the other Party, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved. 2. The Parties will meet and confer in a good faith attempt to resolve the dispute through negotiation not later than ten (10) business days after receipt of the notice, unless both Parties agree in writing to an extension of time. 3. If the dispute is not resolved to the satisfaction of the Parties within thirty (30) calendar days after the first meeting, then either Party may seek to have the dispute resolved by a mediator in accordance with this section, but neither Party is required to submit to mediation. The mediator will be selected by agreement of both Parties. 4. Disagreements that are not otherwise resolved by mediation or mutually acceptable means as provided in this Section may be resolved in U.S. District Court for the Eastern District of California. The disputes submitted to court action include, but are not limited to, claims of breach or violation of this Agreement. In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the County on the grounds that the Tribe has failed to exhaust administrative remedies. The Parties agree that, except in the case of an imminent threat to the public health or safety, reasonable efforts will be made to explore alternative dispute resolution prior to resorting to, or during, a judicial process.

Voluntary Dispute Resolution. In recognition of the mutually respectful, government-to-government relationship of the Tribe and the County, the parties will use their best efforts to resolve disputes occurring under this Agreement by good faith negotiation whenever possible. Therefore, the parties agree that disputes between the Tribe and County will first be subjected to a process of meeting and conferring in good faith. To that end, in the event of a dispute as to compliance with the terms and conditions of this Agreement, the parties agree as follows: (1) Either party will provide the other, as soon as reasonably possible after an event giving rise to concern, a written notice setting forth, with specificity, the issues to be resolved; (2) The parties will meet and confer in a good faith attempt to resolve the dispute through negotiation no later than ten (10) days after receipt of the notice, unless both parties agree in writing to an extension of time; (3) If the dispute is not resolved to the satisfaction of the parties within 30 calendar days after the first meeting, then either party may seek to have the dispute resolved by arbitration offered by JAMS; (4) Each party shall bear its own costs, attorneys’ fees and one half the costs and expenses of JAMS and the arbitrator. There shall be a single neutral named, unless the Tribe or the County objects, in which case a panel of three arbitrators (one of whom is selected by JAMS and one by each party) will be named; (5) The provisions of Section 1283.05 of the California Code of Civil Procedure will apply to the arbitration; however, no discovery authorized by that section may be conducted absent good cause and leave of the arbitrator (or arbitral panel). The arbitral award will be in writing, and provide reasons for the decision. However, either party may file an appeal pursuant to the procedures authorized by JAMS.