15.
16.
DISPUTE RESOLUTION
In the event of any dispute or controversy between the parties with respect
to or arising out of the Agreement, the Parties will first attempt to resolve
such dispute or controversy by negotiation and discussion.
In the event that a Dispute is not resolved by negotiation or discussion within
thirty (30) days, then, unless specifically stated otherwise in the Agreement,
the parties will endeavor, in good faith, to settle the dispute by mediation
before having recourse to arbitration or litigation.
If a dispute is not resolved by mediation, then, unless specifically stated
otherwise in the Agreement, the dispute, upon ninety (90) days’ written
notice by one party to the other party (the “Arbitration Notice”), shall be
referred to and finally settled by binding arbitration from which there shall
be no appeal.
Arbitration shall be conducted by the American Arbitration Association,
under its Expedited Procedures. Arbitration shall be conducted in the State
of New Hampshire. The Parties agree that a single arbitrator shall conduct all
arbitrations arising in connection with an Arbitration Notice (the
“Arbitrator’). The Arbitrator shall have significant experience in conducting
commercial arbitrations and shall be a member of the bar of New Hampshire.
The cost of arbitration pursuant to this Section 15 shall be equally divided by
the Parties (excluding each party’s legal fees).
MISCELLANEOUS
Assignment: Neither this Agreement nor any of the rights, interests or
obligations under this Agreement may be assigned by either party without
the prior written consent of the other party, which consent shall not
unreasonably be withheld; provided, however, that a party may assign this
Agreement to an affiliate for the purposes of an internal corporate
reorganization provided that the assignor remains liable for the performance
of the assignee’s liabilities and obligations hereunder.
Governing Law: This Agreement shall be subject to and interpreted under the
laws of New Hampshire, and the United States of America.
Venue: Arbitration before the American Arbitration Association shall be the
exclusive venue for resolution of disputes under this Agreement.
Notice: Notice or communication required by this Agreement among the
parties shall be sent by one the following methods:
a. Personal delivery, whereby delivery is deemed to have occurred at the
time of delivery.
