Sample Clauses

Dispute Resolution

Outlines the methods for resolving disputes between the parties, which may include mediation, arbitration, or litigation.

Drafting Tips

Outline all steps for dispute resolution, starting from negotiation to mediation/arbitration, and then litigation if necessary. Specify timelines and procedures clearly.
Sample Clauses
Source Lease Amendment Agreement [ROCKET COMPANIES, INC.]
(2020-06-23) - Mortgage Bankers & Loan Correspondents

If any dispute shall arise as to whether Landlord has so completed the Premises on the date of such completion, the matter shall be submitted to Landlord's Architect for its determination and its decision shall be binding upon the parties.
Source Quarterly Financial Report (Form 10-Q) [FULL HOUSE RESORTS INC]
(2020-05-13) - DE - Hotels & Motels

any Dispute or defense; (iv) shall enforce the doctrines of compulsory counterclaim, res judicata, and collateral estoppel, if applicable; (v) with regard to motions and the arbitration hearing, shall apply rules of evidence governing civil cases; and (vi) will apply the law of the state specified in the agreement giving rise to the Dispute. Filing of a petition for arbitration shall not prevent any party from (i) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration) provisional or ancillary remedies including but not limited to injunctive relief, property preservation orders, foreclosure, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver, (ii) pursuing non-judicial foreclosure, or (iii) availing itself of any self-help remedies such as setoff and repossession. The exercise of such rights shall not constitute a waiver of the right to submit any Dispute to arbitration.
Source Limited Liability Company Agreement [TIMBERLINE RESOURCES CORP]
(2020-01-10) - DE - Gold and Silver Ores

Any controversy, claim or dispute between or among two or more of the Members, any Indemnified Member Party, any assignee or successor of a Membership Interest that has not been admitted as a Member, the Management Committee, the Company and any of their respective Affiliates (each, a 'Dispute Party') (but excluding any controversy, claim or dispute to which all of the parties are any one Member or the Management Committee and its Indemnified Member Parties or its Affiliates) arising out of, relating to or in connection with the Company, Operations or this Agreement (a 'Dispute'), and that is not otherwise settled by agreement between or among such parties, shall be exclusively and finally resolved pursuant to the provisions and procedures set forth in this Article XI.
Source Corporate By-Laws [NORTRAN PHARMACEUTICALS INC]
(2020-04-30) - A1 - Pharmaceutical Preparations

In the case of any dispute as to the admission or rejection of a vote, whether by show of hands or on a poll, the chairman shall determine the same, and his determination made in good faith is final and conclusive.
Source Preferred Share Purchase Agreement [17 EDUCATION & TECHNOLOGY GROUP INC.]
(2020-10-20) - E9 - Services-Educational Services

All disputes and controversies arising out of or in connection with this Agreement shall be finally resolved by arbitration administered by the Hong Kong International Arbitration Center in Hong Kong under the Hong Kong International Arbitration Center Administered Arbitration Rules (the "Rules") in force when the Notice of Arbitration (as defined by the Rules) is submitted in accordance with the Rules. For the purpose of such arbitration, there shall be three arbitrators to form an arbitration board, with one being appointed by all claimants collectively, one being appointed by all respondents collectively, and the third being selected by the Chairman of the Hong Kong International Arbitration Centre.
Source Collaborative Development and Commercialization Agreement [ACHAOGEN, INC.]
(2017-05-08) - DE - Pharmaceutical Preparations

The JPT and the Functional Leaders will cooperate with each other and work in good faith to resolve any disagreements between them or their respective teams. Any such disagreements that are not resolved by the JPT shall be raised to the Alliance Managers for internal escalation if needed.
Source Transition Services Agreement [ADVANSIX INC.]
(2016-07-25) - DE - Plastic Materials, Synth Resins & Nonvulcan Elastomers

If the Dispute has not been resolved within 60 days of the appointment of a Mediator, or within 90 days of receipt by a Party of a Mediation Request (whichever occurs sooner), or within such longer period as the Parties may agree to in writing, then any Party may file an action on the Dispute in any court having jurisdiction in accordance with Section 11.10(c).
Source Manufacturing Services Agreement [ALIMERA SCIENCES INC]
(2020-11-03) - DE - Pharmaceutical Preparations

The Parties will attempt to resolve all disputes arising out of or in connection with this Agreement through formal negotiation between senior executives of each Party prior to initiating any other dispute-resolution process, including prior to instituting any process before any court or other governmental authority. Within fifteen (15) days of receipt of notice from a Party seeking to resolve a dispute, the Parties will meet at a mutually agreeable time and location, including through virtual means, to attempt to resolve the noticed dispute. It the Parties are unable to resolve the dispute within sixty (60) days of notice, either Party may seek alternative means of resolution, including initiating an appropriate process with a court or other governmental authority having jurisdiction. Nothing in this paragraph shall prevent a Party from seeking a preliminary injunction in an appropriate case while the Parties seek to resolve the related dispute.
Source Master Service Agreement [APTORUM GROUP LTD]
(2019-07-02) - E9 - Pharmaceutical Preparations

All disputes in connection with this Agreement or the execution thereof shall be settled through friendly negotiations. In case no settlement can be reached through negotiations, the case should then be submitted for arbitration to China International Economic and Trade Arbitration Commission Shanghai Commission in accordance with its rules. The arbitration shall take place in Shanghai and the decision rendered by the said Commission shall be final and binding upon both parties. The arbitration fee shall be borne by the losing part.
Source Product License Agreement [APTEVO THERAPEUTICS INC.]
(2016-06-29) - DE - Pharmaceutical Preparations

Any Dispute shall be resolved in accordance with the procedures set forth in Article VIII of the SDA, which shall be the sole and exclusive procedures for the resolution of any such Dispute unless otherwise specified herein or in Article VIII of the SDA.
Source Investors' Rights Agreement [APPTIO INC]
(2016-08-26) - DE - Services-Prepackaged Software

In the event of a dispute regarding the proper amount of Direct Expenses payable by Tenant, a final and binding determination shall be made by an independent certified public accountant (the 'Accountant') jointly selected by Landlord and Tenant. If the determination by the Accountant reflects that Direct Expenses were overstated by more than two percent (2%), the cost of the Accountant and the determination shall be paid for by Landlord. If the audit reveals that Landlord has overcharged or undercharged Tenant, Landlord shall reimburse Tenant the amount of the overcharge or Tenant shall pay the amount of the undercharge, as applicable. Tenant acknowledges that its sole right to inspect Landlord's books and records and contest the amount of Direct Expenses payable by Tenant is as set forth in this section, and Tenant waives any other rights to inspect such books and records and contest the amount of Direct Expenses payable by Tenant.
Source Master Services Agreement [ASSETMARK FINANCIAL HOLDINGS, INC.]
(2019-06-24) - DE - Investment Advice

Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration by three arbitrators in accordance with the CPR Institute for Dispute Resolution Rules for Non-
Source Intellectual Property Cross License Agreement [BAKER HUGHES INC]
(2017-07-03) - DE - Oil & Gas Field Machinery & Equipment

Any dispute, controversy or claim arising out of or relating to this Agreement or the validity, interpretation, breach or termination of any provision of this Agreement ('Dispute') shall be resolved in accordance with Exhibit A.
Source Confidential Separation and Release Agreement [AVERY DENNISON CORPORATION]
(2018-02-21) - DE - Converted Paper & Paperboard Prods (No Contaners/Boxes)

All disputes arising out of or in connection with this Agreement or with
Source Master Services Agreement [BELLRING BRANDS, INC.]
(2019-09-20) - Food and Kindred Products

In the event that the parties are unable to agree upon any matters related to the performance of Services under this Agreement, the disputed matter will be first referred to the Service Managers for resolution. If a mutually acceptable agreement is not reached within a reasonable time, the matter will then be referred to the applicable senior management at each party hereto for resolution. Thereafter, the parties may seek the other rights and remedies available to such party. This Section 3.3 in no way limits, delays or restricts a party's ability to seek specific performance, injunctive relief or other equitable relief as provided under Section 12.12.
Source Stock Option Incentive Plan [BIOCERES S.A.]
(2018-01-08) - C1 - Agricultural Chemicals

Any dispute as to the scope or interpretation of the provisions of this Stock Option Plan and the Option Agreements shall be, in all matters permitted by the law, determined by the Committee or, failing that, shall be irrevocably submitted to the jurisdiction of the arbitration tribunal of the arbitration center at the Stock Exchange of Buenos Aires, in accordance with Article 46 of the Capital Market Law.
Source Stock Option Incentive Plan [BIOCERES S.A.]
(2018-01-08) - C1 - Agricultural Chemicals

Any dispute as to the scope or interpretation of the provisions of this Agreement shall be, in all matters permitted by the law, determined by the Committee or, failing that, through a process of arbitration by the arbitration center at the Stock Exchange of Buenos Aires, in accordance with Section 46 of the Capital Market Law.
Source Asset Purchase Agreement [ACETO CORP]
(2019-02-20) - NY - Wholesale-Drugs, Proprietaries & Druggists' Sundries

The Buyer shall receive the benefits and burdens of the Assumed Liabilities and if the Buyer disputes any alleged charge, credit or payment under any of the Assumed Liabilities and the parties are unable to come to an agreement regarding the amount owed, the dispute may be adjudicated by the Bankruptcy Court or any other court of competent jurisdiction.
Source Promissory Note [ADIAL PHARMACEUTICALS, L.L.C.]
(2017-05-12) - DE - Pharmaceutical Preparations

If the parties cannot agree on the portion of the Bundled Product represented by the Licensed Product(s), the matter shall be submitted to an arbitrator per Section 9.2 for final determination.
Source Transition Services Agreement [ADVANSIX INC.]
(2016-07-25) - DE - Plastic Materials, Synth Resins & Nonvulcan Elastomers

If the Dispute has not been resolved within 60 days of the appointment of a Mediator, or within 90 days of receipt by a Party of a Mediation Request (whichever occurs sooner), or within such longer period as the Parties may agree to in writing, then any Party may file an action on the Dispute in any court having jurisdiction in accordance with Section 11.10(c).
Source Collaboration and License Agreement [AKEBIA THERAPEUTICS, INC.]
(2017-03-06) - DE - Pharmaceutical Preparations

attempt to resolve any disputes or disagreements, including those arising from the JDC, JCC, or any other Sub-Committee; and