Dispute Resolution; Jurisdiction. 24.1 Any disputes under this Agreement shall be submitted initially by either Party for resolution by senior executive officers of each Party having authority to make decisions in such matters (“Executives”). The Executives shall meet and discuss such matter within ** after a Party proposes that such Executives meet to discuss the dispute. In the event the Executives of each Party are unable to resolve the dispute within ** after receiving notice of the dispute (or such longer period as the Parties may mutually agree upon), then such dispute shall be submitted upon the initiative of either Party after expiration of the ** Executive discussion period for resolution as set forth in Section 24.2.
Dispute Resolution; Jurisdiction. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to this Agreement. Any Party may give the other Party a written notice of any dispute not so resolved in the normal course of business or through any specific dispute resolution processes provided for elsewhere in this Agreement. Within thirty (30) days after delivery of such notice, representatives of the Parties with full settlement authority shall meet at a mutually acceptable time and place and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. If the Parties are not able to resolve the dispute within such thirty (30) day time period, then either Party may bring an action arising out of or relating to this Agreement exclusively in any federal court located in Washington, DC; provided, however, that if such federal court does not have jurisdiction over such action, such action will be heard and determined exclusively in any District of Columbia Court (and, in each case, any appellate court therefrom). By execution and delivery of this Agreement and such other documents executed in connection herewith, each Party hereby (a) accepts the exclusive jurisdiction of the aforesaid courts, and (b) irrevocably waives, to the fullest extent permitted by law, any objection it may now or hereafter have to the laying of venue of any action or proceeding brought in any such court, and further irrevocably waives, to the fullest extent permitted by law, any claim that any such action brought in any such court has been brought in any inconvenient forum. In the event that the Executive is the prevailing party in any such action, the Company agrees to reimburse the Executive 100% (or the maximum amount permissible under applicable law) of the reasonable costs and disbursements and attorneys’ fees incurred by the Executive in any such action. The Executive and the Company expressly waive trial by jury for all claims covered by this Agreement
Dispute Resolution; Jurisdiction. (a) CD&R Investor and Deere Investor shall first endeavor to resolve any and all disputes, controversies or claims arising out of or in connection with this Agreement or the alleged breach, termination or validity thereof (each, a “Dispute”) through good faith negotiations for a period of up to twenty (20) Business Days. If the CD&R Investor and the Deere Investor fail to resolve such Dispute during such period, then the matter shall be submitted to Xxxx X. Xxxxxxxx of Deere Investor and Xxxxxxx X. Xxxxxxxx a designee of CD&R Investor. Such persons shall meet within ten (10) Business Days after the Dispute is submitted to them and shall attempt in good faith to resolve the Dispute as soon as reasonably practicable. If such persons are unable to resolve the Dispute within thirty (30) Business Days of meeting, then either party may seek resolution of the Dispute through litigation in accordance with Section 4.14(b) or Section 4.16.
Dispute Resolution; Jurisdiction. (a) If a dispute relating to this Agreement arises between the parties, the following procedure shall be implemented before either party pursues other available remedies (except that such procedure shall not apply to any equitable remedy). The parties shall hold a meeting promptly, attended by the persons with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If not resolved at such meeting, the parties shall continue to attempt in good faith to negotiate a resolution of the dispute for 30 days after such meeting. The parties agree to participate in good faith in such negotiations related thereto. If within 30 days after such meeting the parties have not succeeded in negotiating a resolution of the dispute, then the parties may seek to resolve the dispute by litigation in an appropriate court of jurisdiction.
Dispute Resolution; Jurisdiction. You agree that any controversy or claim arising out of or relating to this Agreement, any other agreement or document received or delivered in connection with this Agreement, or with respect to any aspect of the relationship between you and the Company, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and that you are responsible for any filing/administrative fees associated therewith. You further agree that the number of arbitrators shall be three, and that the place of the arbitration shall be San Diego, California. You agree that California law shall apply, and that judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Dispute Resolution; Jurisdiction. Any dispute or controversy arising in connection with this Agreement shall be settled exclusively in arbitration conducted in Orange County, California in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Punitive damages shall not be awarded.
Dispute Resolution; Jurisdiction. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively in arbitration conducted in Albuquerque, New Mexico in accordance with the commercial rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Punitive damages shall not be awarded.
Dispute Resolution; Jurisdiction. (a) In the event that there is a dispute, controversy, or claim between the Parties arising out of or relating to this Agreement, or its interpretation, performance, nonperformance or any breach of any respective obligations hereunder, excluding any dispute at the JCC level (to which the procedures in Section 2.3(d) shall apply), then the Parties shall seek to resolve such dispute through prompt negotiations between the Executives. The Executives will meet in-person and use good faith efforts to resolve any such dispute (for clarity, excluding any dispute at the JCC level) within [ * ] days after a request by a Party (“Executive Mediation”).
Dispute Resolution; Jurisdiction. In the event of any dispute or difference arising between the parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, validity, enforceability, termination or rescission thereof, including the rights, obligations or liabilities of the parties hereto, the same will be adjudicated and determined by arbitration. The Indian Arbitration & Conciliation Act, 1996 or any statutory amendment or re-enactment thereof in force in India, shall govern the reference. Both parties shall appoint their respective arbitrator, and both arbitrators thus appointed should appoint the third Arbitrator who shall function as the presiding Arbitrator. The venue of arbitration shall be SURAT (GUJARAT). The Courts in the city of SURAT shall have exclusive jurisdiction to entertain try and determine the same.
Dispute Resolution; Jurisdiction. To the extent a dispute between the Parties arises from of relates to, (.1) this Agreement, (.2) Work Order(s), or (.3) Change Order(s), the Parties shall first meet informally to resolve such dispute. In the event that no resolution is achieved, the Parties, prior to the initiation for any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation between M-1Exl99 TAa.A-0082EeE 00000 Xxxxxx Xxxxxx, Auslln, Te,as 78728 Office: 512-251·6880 Fa,. 000-000-0000 313/2022 12:45 PM Reg.Jail;<:I tyre Te,,a; �dl.ic;e-1srg ind� R) Be),. 12157 ""5li\ TX tSXl.!m.9202 representatives with decision-making power. In the event that the informal meeting does not resolve the dispute, the Parties shall submit the dispute to mandatory mediation before legal action is taken under this Agreement.
