Common use of Dispute Resolution Procedures Clause in Contracts

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS and FNT with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 and/or 8), such dispute shall be settled as set forth in this Section. If either party exercises its right to initiate the dispute resolution procedures under this Section, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's failure to make any undisputed timely and complete payments to FIS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 or 8 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 2 contracts

Samples: License and Services Agreement (Fidelity National Title Group, Inc.), License and Services Agreement (Fidelity National Title Group, Inc.)

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Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)6), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 10, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTLicensee's failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes ______ initials ______ initials arising under Sections 3 4 or 8 6 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 2 contracts

Samples: Team Software License Agreement (Fidelity National Information Services, Inc.), Simon Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS SoftPro and FNT Client with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's ’s compliance with the provisions of Sections 3 4 and/or 8)7), such dispute shall be settled as set forth in this SectionSection 11. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 11, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's Client’s failure to make any undisputed timely and complete payments to FIS SoftPro under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 7 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 2 contracts

Samples: Softpro Software License Agreement (Lender Processing Services, Inc.), Softpro Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS SoftPro and FNT Client with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)7), such dispute shall be settled as set forth in this SectionSection 11. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 11, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTClient's failure to make any undisputed timely and complete payments to FIS SoftPro under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 7 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 2 contracts

Samples: Softpro Software License Agreement (Fidelity National Title Group, Inc.), Softpro Software License Agreement (Fidelity National Title Group, Inc.)

Dispute Resolution Procedures. IfExcept as otherwise provided herein, prior the parties agree to the termination following dispute resolution procedures with respect to any disputes that arise under this Agreement, the Tax Disaffiliation Agreement or the Corporate Agreement. COMSAT or any COMSAT Entity, on the one hand, and Ascent or any Ascent Entity, on the other hand, shall appoint up to three members from their managerial staffs to serve on a joint committee (the "Dispute Resolution Committee"). The Dispute Resolution Committee shall meet at either COMSAT's or Ascent's principal executive offices, or such other location as they may mutually agree, whichever is more appropriate in light of the issue to be discussed, at such time as either may demand upon reasonable advance notice, for the purpose of resolving any dispute arising under this Agreement, the Tax Disaffiliation Agreement or the Corporate Agreement. No dispute under this Agreement or the license granted hereinTax Disaffiliation Agreement shall be the subject of any formal legal proceeding between the parties hereto before being considered by the Dispute Resolution Committee. If the Dispute Resolution Committee is unable to resolve any dispute submitted to it by any party hereto within 15 days after such submission, the Dispute Resolution Committee shall refer the issue to the Chief Executive Officer of COMSAT and prior Ascent for resolution. If such officers are unable to notice of termination given by resolve such dispute within 10 days after referral, either party may then proceed to take any legal action available to it. Notwithstanding the otherforegoing, a dispute arises between FIS and FNT with respect to the terms and conditions if any breach or threatened breach of this Agreement, Agreement would cause COMSAT or any subject matter governed by this Agreement (other than disputes regarding Ascent irreparable harm for which monetary damages either would not be available or would be a party's compliance with the provisions of Sections 3 and/or 8)insufficient remedy, such dispute shall be settled as set forth in this Section. If either party exercises its right to initiate may immediately seek legal redress without first complying with the dispute resolution procedures under provided for in this Section, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's failure to make any undisputed timely and complete payments to FIS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 or 8 may be resolved by judicial recourse or in any other manner agreed by the partiesSection 3.09.

Appears in 1 contract

Samples: Distribution Agreement (Comsat Corp)

Dispute Resolution Procedures. If, prior to the expiration or termination of this Agreement or the license granted hereinAgreement, and prior to notice of termination given by either party FISLLC or LSI, on the one hand, to FNT or RMSS, on the otherother hand, or vice versa, a dispute arises between FIS FISLLC or LSI, on the one hand, and FNT or RMSS, on the other hand, with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's Party’s compliance with the provisions of Sections 3 and/or 8)Section 3.2 or Article V (regarding Confidentiality)), such dispute shall be settled as set forth in this SectionArticle. If either party FISLLC or LSI, on the one hand, and FNT or RMSS, on the other hand, exercises its right to initiate the dispute resolution procedures under this Section, then during such procedure any time periods providing for termination of the this Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's any failure to make any undisputed timely and complete payments to FIS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the sum of (i) the prime rate as published in the Money Rates table money rates in the The Wall Street Journal on the date the dispute is resolved (or the prior date on which the The Wall Street Journal was published if not published on the date the dispute was resolved) plus (ii) one percent percentage point, accrued for the period of dispute shall be paid to the party Party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 Section 3.2 or 8 Article V (regarding Confidentiality) may be resolved by judicial recourse or in any other manner agreed by the partiesParties.

Appears in 1 contract

Samples: Elender Services Agreement (Lender Processing Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's ’s compliance with the provisions of Sections 3 4 and/or 8)7), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 11, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's Licensee’s failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 7 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Team Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's ’s compliance with the provisions of Sections 3 4 and/or 8)7), such dispute shall be settled as set forth in this SectionSection 11. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 11, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's Licensee’s failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 7 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Simon Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)6), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 10, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms ______ initials ______ initials of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTLicensee's failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 6 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Ots Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS SoftPro and FNT Client with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)6), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 10, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTClient's failure to make any undisputed timely and complete payments to FIS SoftPro under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 6 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Software License Agreement (Fidelity National Information Services, Inc.)

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Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 and/or 8)6), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 10, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTLicensee's failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 or 8 6 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Ots and Ots Gold Software License Agreement (Fidelity National Title Group, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)6), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 10, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTLicensee's failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was 9 initials initials ------ ------ resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 6 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Ots Gold Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's ’s compliance with the provisions of Sections 3 and/or 8)6), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 10, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's Licensee’s failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 or 8 6 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Ots and Ots Gold Software License Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)7), such dispute shall be settled as set forth in this SectionSection 10. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 11, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTLicensee's failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 7 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Team Software License Agreement (Fidelity National Title Group, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party Party to the other, a dispute arises between FIS FNI Co and FNT with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's Party’s compliance with the provisions of Sections 3 and/or 8), such dispute shall be settled as set forth in this Section. If either party Party exercises its right to initiate the dispute resolution procedures under this Section, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNT's ’s failure to make any undisputed timely and complete payments to FIS FNI Co under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party Party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 or 8 may be resolved by judicial recourse or in any other manner agreed by the partiesParties.

Appears in 1 contract

Samples: License and Services Agreement (Fidelity National Information Services, Inc.)

Dispute Resolution Procedures. If, prior to the termination of this Agreement or the license granted herein, and prior to notice of termination given by either party to the other, a dispute arises between FIS RMSS and FNT Licensee with respect to the terms and conditions of this Agreement, or any subject matter governed by this Agreement (other than disputes regarding a party's compliance with the provisions of Sections 3 4 and/or 8)7), such dispute shall be settled as set forth in this SectionSection 11. If either party exercises its right to initiate the dispute resolution procedures under this SectionSection 11, then during such procedure any time periods providing for termination of the Agreement or curing any material breach pursuant to the terms of this Agreement shall be suspended automatically, except with respect to any termination or breach arising out of FNTLicensee's failure to make any undisputed timely and complete payments to FIS RMSS under this Agreement. At such time as the dispute is resolved, if such dispute involved the payment of monies, interest at a rate equal to the prime rate as published in the table money rates in the Wall Street Journal on the date the dispute is resolved (or the prior date on which the Wall Street Journal was published if not published on the date the dispute was resolved) plus one percent for the period of dispute shall be paid to the party entitled to receive the disputed monies to compensate for the lapsed time between the date such disputed amount originally was to have been paid (or was paid) through the date monies are paid (or repaid) in settlement of the dispute. Disputes arising under Sections 3 4 or 8 7 may be resolved by judicial recourse or in any other manner agreed by the parties.

Appears in 1 contract

Samples: Simon Software License Agreement (Fidelity National Title Group, Inc.)

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