CLAIMS OR DISPUTES. To the extent any dispute or controversy relating to this Agreement arises, in whole or in part, from the acts or omissions of the Parties, the Parties agree to attempt to resolve the claim, dispute, or controversy by conducting good faith negotiations, such dispute shall be resolved in the following manner: ☐ Mediation. The dispute shall be submitted to non-binding mediation following any statutory rules of mediation for the state selected above in the choice of law provision of this Agreement. Mediation fees, if any, shall be divided equally among the Parties.
CLAIMS OR DISPUTES. Any claims or other matters in question between the Parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be resolved through legal or equitable proceedings before the Allegheny County Court of Common Pleas and/or the United States District Court for the Western District of Pennsylvania.
CLAIMS OR DISPUTES. CONSULTANT shall be solely responsible for providing timely written notice to BATA of any claims for additional compensation and/or time in accordance with the provisions of the Agreement. It is XXXX’s intent to investigate and attempt to resolve any CONSULTANT claims before CONSULTANT has performed any disputed work. Therefore, CONSULTANT’s failure to provide timely notice shall constitute a waiver of CONSULTANT’s claims for additional compensation and/or time. CONSULTANT shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by XXXX, or the failure or refusal to issue a modification, or the happening of any event, thing, or occurrence, unless it has given BATA due written notice of a potential claim. The potential claim shall set forth the reasons for which CONSULTANT believes additional compensation may be due, the nature of the costs involved, and the amount of the potential claim. Such notice shall be given to BATA prior to the time that CONSULTANT has started performance of the work giving rise to the potential claim for additional compensation. If there is a dispute over any claim, CONSULTANT shall continue to work during the dispute resolution process in a diligent and timely manner as directed by XXXX, and shall be governed by all applicable provisions of the Agreement. CONSULTANT shall maintain cost records of all work that is the basis of any dispute. If an agreement can be reached that resolves CONSULTANT’s claim, the parties will execute an Agreement modification to document the resolution of the claim. If the parties cannot reach an agreement with respect to CONSULTANT’s claim, they may choose to pursue dispute resolution pursuant to Article 24, DISPUTE RESOLUTION, or BATA may terminate the Agreement.
CLAIMS OR DISPUTES. Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee (“DRC”) be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC. Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally. EXHIBIT B-2 ADDITIONAL TERMS AND CONDITIONS (FEDERALLY REQUIRED CLAUSES)
CLAIMS OR DISPUTES. 11. Axiom Images hereby agrees that its sole remedy shall, in the event of a breach by Licensee be in the form of monetary damages. Axiom Images agrees that it shall not seek any relief at equity including specific performance or any other type of injunctive relief.
CLAIMS OR DISPUTES. EACH PARTY FURTHER WAIVES ANY OBJECTION THAT IT MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT SUCH ACTION OR PROCEEDING WAS BROUGHT IN AN INCONVENIENT FORUM AND EACH AGREES NOT TO PLEAD OR CLAIM THE SAME. THE CHOICE OF FORUM SET FORTH IN THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE THE BRINGING OF ANY ACTION BY THE ADMINISTRATIVE AGENT OR ANY LENDER OR THE ENFORCEMENT BY THE ADMINISTRATIVE AGENT OR ANY LENDER OF ANY JUDGMENT OBTAINED IN SUCH FORUM IN ANY OTHER APPROPRIATE JURISDICTION.
CLAIMS OR DISPUTES. Any claim or dispute (including a submission under the last paragraph of Section 1 (b) hereof) shall be resolved under procedures established by arbitration in New York, N.Y. pursuant to the rules of the American Arbitration Association. If the Executive receives an award in such a proceeding, the award shall include his attorneys' fees and all expenses reasonably incurred in connection with such proceeding.
CLAIMS OR DISPUTES. All claims or disputes and other matters in question arising out of or relating to the design and/or construction of this Project, between the Owner and any Trade Construction Contractors shall be resolved through negotiation between the Project Management Firm, the Prime Professional Services Contractor (Architect/Engineer), the Owner, and the Trade Construction Contractor. In the event of their failure to agree to a resolution, the Project Management Firm shall submit the claim dispute for an administrative decision by the Department of Management and Budget, Director of Facilities Administration within thirty (30) consecutive calendar days of the end of the disputed negotiations, and any decision of the Director may be appealed to the Michigan Court of Claims within one (1) year of the issuance of the Director’s decision. The Project Management Xxxx agrees that the appeal to the Director of Facilities Administration is a prerequisite to filing a suit in the Michigan Court of Claims. Such claims or disputes services shall be rendered by the Project Management Firm without additional fee or other compensation, except for the costs of personnel who are assigned to the Project.
CLAIMS OR DISPUTES. All claims or disputes and other matters in question arising out of or relating to the design and/or construction of this Project, between the CM and any Trade Contractors shall be resolved through negotiation between the CM Firm, the PSC (Architect/Engineer), the Trade Contractor and where necessary, the input of the DCD Project Director. In the event of their failure to agree to a resolution, the CM firm shall follow the dispute resolution process outlined in the Trade Contract and/or should the CM believe the dispute to warrant considerations within this Owner-Project Construction Management contract, the provisions of MICHSPEC Article 15 shall govern.
CLAIMS OR DISPUTES. 13. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Los Angeles, California, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the State having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California. If Licensor is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole by Licensee for such reasonable legal fees or costs. Furthermore, Licensor hereby agrees that its sole remedy shall, in the event of a breach by Licensee be in the form of monetary damages. Licensor agrees that it shall not seek any relief at equity including specific performance or any other type of injunctive relief. Licensee Name [Customer Name] Company [Company Name] Address Xxxxxxxx Xxxxxx Xxx Xxxxxxx, XX 00000 Xxxxxx Xxxxxx Date 00/00/15 6:00pm Licensed Media [Media File(s) Name] Project Name [Customer Project Name] Project Type
