Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br />Rev. 06022016 7 of 15 <br /> <br />20. DISPUTES <br /> <br /> The parties will seek a fair and prompt negotiated resolution within ten (10) days of the initial <br />notice of the dispute (“Dispute”). If the Dispute has not been resolved after such time, the <br />parties will escalate the issue to more senior levels. If the parties are unable to resolve any <br />dispute at the senior management level, then any controversy, claim or Dispute arising out <br />of or relating to this Agreement shall be resolved by binding arbitration in accordance with <br />the Commercial Arbitration Rules of the American Arbitration Association then in effect . <br />Before commencing any such arbitration, the parties agree to enter into negotiations to <br />resolve the Dispute. If the parties are unable to resolve the Dispute by good faith negotiation, <br />either party may refer the matter to arbitration. The arbitrator(s) shall be bound to follow the <br />provisions of this Agreement in resolving the Dispute, and may not award any damages <br />excluded by this Agreement. The decision of the arbitrator(s) shall be final and binding on <br />the parties, and any award of the arbitrator(s) may be entered or en forced in any court of <br />competent jurisdiction. The prevailing party will be entitled to recover its reasonable <br />attorneys' fees and costs, in addition to any other relief ordered by the arbitrator(s). Such <br />fees and costs will include those incurred in con nection with the enforcement of any resulting <br />judgment or order, and any post judgment order will provide for the right to receive such <br />attorneys' fees and costs. Any request for arbitration of a claim by either party against the <br />other relating to this Agreement must be filed no later than six (6) months after the date on <br />which concludes performance under this Agreement. <br /> <br /> Nothing herein shall prevent either party from seeking a preliminary or permanent injunction <br />to preserve the status quo or prevent irreparable harm during the arbitration process. <br /> <br />21. MULTIPLE COPIES OR COUNTERPARTS OF AGREEMENT <br /> <br />This Agreement may be executed in one or more counterparts, each of which shall be <br />deemed an original, but all of which together shall constitute one a nd the same instrument. <br />This Agreement shall not be effective until the execution and delivery between each of the <br />parties of at least one set of the counterparts. <br /> <br />22. FORCE MAJEURE <br /> <br />Neither party shall be liable for any failure of or delay in performance of its obligations (except <br />for payment obligations) under this Agreement to the extent such failure or delay is due to <br />acts of God, acts of a public enemy, fires, floods, power outages, wars, civil disturbances, <br />epidemics, pandemics, sabotage, terrorism, accidents, insurrections, blockades, embargoes, <br />storms, explosions, labor disputes (whether or not the employees' demands are reasonable <br />and/or within the party's power to satisfy), failure of common carriers, Internet Service <br />Providers, or other communication devices, acts of cyber criminals, terrorists or other <br />criminals, acts of any governmental body (whether civil or military, foreign or domestic), <br />failure or delay of third parties or governmental bodies from whom a party is obtainin g or <br />must obtain approvals, authorizations, licenses, franchises or permits, inability to obtain <br />labor, materials, power, equipment, or transportation, or other circumstances beyond its <br />reasonable control (collectively referred to herein as "Force Majeure Occurrences"). Any <br />such delays shall not be a breach of or failure to perform this Agreement or any part thereof <br />and the date on which the obligations hereunder are due to be fulfilled shall be extended for <br />a period equal to the time lost as a result of such delays. Neither party shall be liable to the