Remedies and Dispute Resolution. 25 11.1. Cumulative Nature.........................................................................................25 11.2. Informal Dispute Resolution...............................................................................25 11.3. Arbitration...............................................................................................26 11.4. Termination...............................................................................................27 11.5.
Remedies and Dispute Resolution. Any dispute between the Parties arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and with respect to the performance by Xxxxxxxx or WinStar, shall be resolved as provided in this Article 11.
Remedies and Dispute Resolution. 35 23.1. Dispute Resolution..................................................35 23.2.
Remedies and Dispute Resolution. The Parties expressly agree to all dispute resolution and remedy provisions set forth in this Addendum and, as such, all terms in the Purchase Agreement regarding remedies of the Parties, dispute resolution, forum/venue, indemnification, mutual mistake, and the like are hereby voided, cancelled, and replaced by the terms of this Addendum regarding remedies of the Parties, dispute resolution, forum/venue, indemnification, and the like.
Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by Employee of Section 5 or Section 6 of this Agreement, the Company may, in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent Jurisdiction for entry of an immediate order enjoining or restraining Employee from engaging in any such breach or violation or threatened breach or violation by Employee. With the exception of the Company's right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by employee of Section 5 or Section 6 of this Agreement, all disputes between Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the Company shall reimburse the Employee for the Employee's legal costs, including attorneys' fees, incurred in such arbitration proceeding if the Employee substantially prevails in such arbitration proceeding.
Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by the Employee of Section 5 or 6 of this Agreement, the Company may in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent jurisdiction for entry of an immediate order enjoining or restraining the Employee from engaging in any such breach of violation or threatened breach or violation by the Employee. With the exception of the Company’s right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by the Employee of Section 5 or 6 of this Agreement, all disputes between the Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the prevailing party shall be entitled to the recovery of its legal costs and attorneys’ fees.
Remedies and Dispute Resolution. 8.1 In the event that any claim, dispute or controversy arising out of or relating to this Agreement (including the breach, termination or invalidity thereof, and whether arising out of tort or contract) cannot be resolved informally within thirty (30) days after the Dispute arises, either Party may give written notice of the Dispute (a “Dispute Notice”) to the other Party requesting that a representative of Owner’s senior management and Manager’s senior management meet in an attempt to resolve the Dispute. Each such management representative shall have full authority to resolve the Dispute and shall meet at a mutually agreeable time and place within thirty (30) days after receipt by the non-notifying Party of such Dispute Notice, and thereafter as often as they deem reasonably necessary to exchange relevant information and to attempt to resolve the Dispute. In no event shall this Section 8.1 be construed to limit either Party’s right to take any action under this Agreement. The Parties agree that if any Dispute is not resolved within ninety (90) days after receipt of the Dispute Notice given in this Section 8.1, then either Party may by notice to the other Party refer the Dispute to be decided by final and binding arbitration in accordance with Section 8.2.
Remedies and Dispute Resolution. A. Should any material disputes arise concerning any provision of this Agreement, or the rights and obligations of the Contracting Parties thereunder, including those involving possible termination or those that might cause the initiation of any administrative or judicial proceeding to enforce or interpret this Agreement, the Contracting Parties will present the issue to the Management Committee (which may request assistance from the Technical Committee) for a recommendation for resolving the dispute.
Remedies and Dispute Resolution. 8.1 In the event that any Dispute (including, without limitation, the breach, termination or invalidity thereof, and whether arising out of tort or contract) cannot be resolved informally within thirty (30) days after the Dispute arises, either Party may give written notice of the Dispute (a “Dispute Notice”) to the other Party and at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, the GP Board requesting that a representative of the Project Company's senior management and the Manager's senior management and at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, one or more representatives of the GP Board meet in an attempt to resolve the Dispute. Each such representative shall meet at a mutually agreeable time and place within thirty (30) days after receipt by the non-notifying Party and at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, the GP Board of such Dispute Notice, and thereafter as often as they deem reasonably necessary to exchange relevant information and to attempt to resolve the Dispute. At anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, if such representatives agree to resolve any Dispute, such proposed resolution shall be submitted in writing, with reasonable detail regarding the terms thereof, to the GP Board and shall become effective solely upon the GP Board's written approval thereof. In no event shall this Section 8.1 be construed to limit either Party's right to take any action under this Agreement. The Parties agree that if any Dispute is not resolved within ninety (90) days after receipt of the Dispute Notice given in this Section 8.1 (including, without limitation, at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, due to failure of the GP Board to approve any proposed resolution), then either Party may by notice to the other Party and at anytime while the Project Company is a wholly- owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, the GP Board refer the Dispute to be decided by final and binding arbitration in accordance with Section 8.2.
Remedies and Dispute Resolution. 5.1 The agreement set forth certain provisions of liquidated damage if material breach occurs on the part of Golden.
