Dispute Resolution Generally. VDOT and the Participant will each exercise their best efforts to mutually resolve any dispute that may arise between them through good faith negotiations between the Authorized VDOT Representative and Authorized Participant Representative.
Dispute Resolution Generally. Except with respect to any action for injunctive relief, any controversies, claims, disagreements, or disputes (each, a “Dispute”) between the Parties arising out of or related to the performance of this Agreement, or the alleged breach, termination, or invalidity hereof, shall be resolved in accordance with this Article 18. A Party shall be entitled to recover all costs and expenses from the other Party relating to the enforcement of this Article 18 should that other Party seek to litigate any Disputes or otherwise pursue a dispute resolution process that differs from that set forth in this Article 18.
Dispute Resolution Generally. The Program Manager shall continue to timely and properly perform all Services, and Owner will continue to pay for all Services properly performed, in accordance with the requirements of this Contract during the pendency of dispute resolution proceedings. The parties agree that, except as provided in Section XIII.2, below, they shall attempt to resolve any dispute arising out of or related to this Contract in accordance with the Dispute Resolution Procedures (Exhibit J). The Program Manager will cooperate with and assist Owner to identify individuals to be approved by Owner as candidates qualified to serve as Disputes Board Members on a Disputes Board during the period that the PIP is under development.
Dispute Resolution Generally. The Parties hereby agree to use all reasonable manners to avoid the escalation of Disputes and to resolve any Dispute in the most cost-efficient and prompt manner. It is the intention of Vendor and USAC to use reasonable measures to avoid the litigation of any Dispute under this MSA and therefore the Parties mutually agree that any Disputes arising under this MSA must be resolved using the alternative dispute resolution procedures contained in this Article (“Dispute Resolution Procedures”).
Dispute Resolution Generally. All disputes, controversies and claims directly or indirectly arising out of, relating to or in connection with this Agreement or the validity, interpretation, construction, performance, breach, termination or enforceability of this Agreement (collectively, “Disputes”), shall be resolved in accordance with the procedures set forth in this Clause 27.
Dispute Resolution Generally. The Parties recognize that a dispute may arise relating to this Agreement (a “Dispute”). Any Dispute, including Disputes that may involve the parent company, subsidiaries or Affiliates under common control of any Party, shall be resolved in accordance with this Article 9.
Dispute Resolution Generally. Except as set forth in Section 11.4, any and all controversies, disputes or claims arising out of, relating to, in connection with or resulting from this Agreement (or any written amendment hereto), including as to its interpretation, performance, non-performance, validity, breach or termination, and including any claim based on contract, tort, regulation, rule, statute or constitution and any claim raising questions of law, whether arising before or after termination of this Agreement (individually “Claim” and collectively “Claims”), shall be resolved under the Federal Arbitration Act by non-binding arbitration following the Expedited Procedures of the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) then in effect, including its evidentiary and procedural rules. It is the Parties’ intent that any arbitration, including the selection and qualification of arbitrators, shall be conducted in accordance with the Rules, as amended and supplemented, except where specifically modified by this Agreement, and not by the terms of any state arbitration act or other Legal Requirement.
Dispute Resolution Generally. Any and all controversies, disputes or claims arising out of, relating to, in connection with or resulting from this Agreement (or any written amendment hereto), including as to its interpretation, performance, non-performance, validity, enforceability, breach or termination, or the ability to arbitrate any controversy, claim or dispute and including any claim based on contract, tort, regulation, rule, statute or constitution and any claim raising questions of law, whether arising before or after termination of this Agreement (individually, “Claim” and, collectively, “Claims”), shall be finally resolved by arbitration before a tribunal of three (3) arbitrators administrated by the American Arbitration Association (“AAA”) in accordance with the Expedited Procedures of the Commercial Arbitration Rules (“Rules”) of the AAA then in effect, including its evidentiary and procedural rules. It is the Parties' intent that any arbitration, including the selection and qualification of arbitrators, shall be conducted in accordance with the Rules, as amended and supplemented, except where specifically modified by this Agreement, and not by the terms of any state arbitration act or other Legal Requirement.
Dispute Resolution Generally. 16.1.1 Except as allowed otherwise in Section 12.3.1(ii) or 12.4.1(ii), in the event any dispute arises out of or in connection with this Agreement or its performance (including the existence, validity and interpretation of this Agreement), a Party (the “Disputing Party”) shall provide the other Party (the “Responding Party”) with a written notice of the particular dispute for each issue in dispute, a proposed means for resolving each such issue, and support for such position (the “Notice of Dispute”). Within 30 Days after receiving the Notice of Dispute, the Responding Party shall provide the Disputing Party with a written notice of each additional issue (if any) with respect to the dispute raised by the Notice of Dispute, a proposed means for resolving every issue in dispute, and support for such position (the “Dispute Response”).
Dispute Resolution Generally. Except with regard to disputes regarding the matters described in Sections 1.4, 1.6 and 1.10(a) and Tax Contests, which shall be resolved in accordance with the respective terms provided elsewhere in this Agreement, resolution of any and all disputes arising from or in connection with this Agreement, whether based on contract, tort, or otherwise (collectively, “Disputes”), shall be exclusively governed by and settled in accordance with the provisions of this Section 12.21; provided, however, that this Section 12.21 shall not preclude any party from seeking injunctive or other equitable relief in a court of competent jurisdiction. The parties hereto shall use all commercially reasonable efforts to settle all Disputes without resorting to mediation, arbitration or otherwise. The party asserting a Dispute shall deliver to the other party a written notice setting forth the basis for the issue in detail, and identifying the section of this Agreement (the “Dispute Notice”). Within ten (10) Business Days of receipt of a Dispute Notice, the issue shall be elevated to a designated panel of four individuals, two representatives from each party (one who shall be a business representative, and the other who shall be a technical or accounting representative, as appropriate). Such representatives shall be empowered and authorized to bind their respective companies with respect to the matter in dispute, and to settle the issue on behalf of their respective companies. These representatives shall, within thirty (30) Business Days of receipt of the Dispute Notice, confer and in good faith make a reasonable effort to resolve the issue. If any Dispute remains unsettled, a party hereto may commence proceedings hereunder by delivering a written notice from a Senior Vice President or comparable representative of such party (the “Demand”) to the other parties providing reasonable description of the Dispute to the others and expressly requesting arbitration hereunder. Such Dispute shall be submitted to arbitration under the terms hereof, which arbitration shall be final, conclusive and binding upon the parties, their successors and assigns. The arbitration shall be conducted by three neutral arbitrators acting by majority vote (the “Panel”) selected by agreement of the parties not later than ten (10) Business Days after delivery of the Demand or, failing such agreement, appointed from the New York statewide panel of full-time neutral arbitrators of the American Arbitration Associa...
