Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.
Rules of Origin No Party may apply rules of origin to goods imported or services supplied from another Party for purposes of government procurement covered by this Chapter that are different from, or inconsistent with, the rules of origin which that Party applies in the normal course of trade.
Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.
Absence of Litigation There is no action, suit, claim, proceeding, inquiry or investigation before or by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge of the Company or any of its Subsidiaries, threatened against or affecting the Company or any of its Subsidiaries, or their officers or directors in their capacity as such, that could have a Material Adverse Effect. Schedule 3(i) contains a complete list and summary description of any pending or, to the knowledge of the Company, threatened proceeding against or affecting the Company or any of its Subsidiaries, without regard to whether it would have a Material Adverse Effect. The Company and its Subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.
Certain Rules of Interpretation In this Agreement:
Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:
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.
IN WITNESS OF WHICH the parties have executed this Agreement. ADDRESS FOR NOTICE THE TORONTO-DOMINION BANK, as Administration Agent The Toronto-Dominion Bank Corporate and Investment Banking By: /s/ authorized signatory 00 Xxxxxxxxxx Xxxxxx West, 38th Floor ------------------------------------ Toronto-Dominion Bank Tower Name: Toronto, Ontario Title: M5K 1A2 Attention: Vice President, Loan By: /s/ authorized signatory Syndications - Agency ------------------------------------ Facsimile: 000-000-0000 Name: Title: [SIGNATURE PAGE FOR CREDIT AGREEMENT DATED AS OF 19 JULY 2002 RELATING TO NORSKE XXXX CANADA LIMITED ET AL] ADDRESS FOR NOTICE THE TORONTO-DOMINION BANK, as Lender The Toronto-Dominion Bank TD Tower - Suite 660 By: /s/ authorized signatory 000 Xxxx Xxxxxxx Xxxxxx ---------------------------------- Xxxxxxxxx, XX Name: X0X 0X0 Title: Attention: Vice President, Corporate & By: /s/ authorized signatory Investment Banking ---------------------------------- Facsimile: 000-000-0000 Name: Title: [SIGNATURE PAGE FOR CREDIT AGREEMENT DATED AS OF 19 JULY 2002 RELATING TO NORSKE XXXX CANADA LIMITED ET AL] XXXXXXX XXX XXXXXX XXXXX XXXX XX XXXXXX ------------------ Royal Bank of Canada Corporate Credit By: /s/ authorized signatory Xxxxx 0000, Xxxx Xxxxx, ----------------------------------- 000 Xxxxxxx Xxxxxx Xxxxxx X. Derbyshire Vancouver, B.C. Managing Director, Global Banking V6C 3B1 Attention: Managing Director By: /s/ authorized signatory Facsimile: 000-000-0000 ----------------------------------- Xxxxxx Xxxx Associate [SIGNATURE PAGE FOR CREDIT AGREEMENT DATED AS OF 19 JULY 2002 RELATING TO NORSKE XXXX CANADA LIMITED ET AL] XXXXXXX XXX XXXXXX XXXXXXX XXXXX CAPITAL CANADA INC. Xxxxxxx Xxxxx Capital Canada Inc. 000 Xxx Xxxxxx 0xx Xxxxx By: /s/ authorized signatory Xxxxxxx, Xxxxxxx -------------------------------------- X0X 0X0 Name: Title: Attention: Xxxxxxx Xxxxx By: /s/ authorized signatory Facsimile: 000-000-0000 -------------------------------------- Name: Title: [SIGNATURE PAGE FOR CREDIT AGREEMENT DATED AS OF 19 JULY 2002 RELATING TO NORSKE XXXX CANADA LIMITED ET AL] XXXXXXX XXX XXXXXX XXX XXXX XX XXXX XXXXXX ------------------ The Bank of Nova Scotia By: /s/ authorized signatory 000 Xxxx Xxxxxxx Xxxxxx, 00xx Xxxxx --------------------------------- Xxxxxxxxx, XX Name: V6B 4N7 Title:
Arbitration Rules (a) The arbitration shall be conducted in accordance with this Employment Agreement, using as appropriate the AAA Employment Dispute Resolution Rules in effect on the date hereof. The arbitrator shall not be bound by the rules of evidence or of civil procedure, but rather may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require both Parties to submit some or all of their respective cases by written declaration or such other manner of presentation as the arbitrator may determine to be appropriate. The Parties agree to limit live testimony and cross-examination to the extent necessary to ensure a fair hearing on material issues.
