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AgdaPkt 2000-12-18
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AgdaPkt 2000-12-18
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Last modified
7/16/2012 3:14:00 PM
Creation date
7/6/2005 9:50:10 AM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Date
12/18/2000
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9•��3 <br /> SECTION 9- Remedies for Defaults <br /> (a) In the event Customer defaults under this Agreement, NORESCO may: <br /> (i) bring actions for any remedies available at law or in equity or other <br /> appropriate proceedings for the recovery of direct damages, <br /> (�ncluding amounts past due). <br /> (b) In the event NORESCO defaults under this Agreement, Customer may: <br /> (i) bring actions for any remedies at law or in equity or other <br /> appropriate proceedings for the recovery of direct damages. <br /> SECTION 10 - Disaute Resolution <br /> (a) In the event of any Customer dissatisfaction with the System, Customer <br /> shall deliver a written notice setting forth in reasonable detail the matter in � <br /> question to NORESCO . Any complaint or dispute which cannot be <br /> settled by negotiation between the Parties within sixty (60) days of such <br /> notice may upon the request of either party be submitted to arbitration <br /> pursuant to paragraph (b). <br /> (b) Any dispute, controversy, or claim arising out of or relating to this <br /> Agreement, or any breach or alleged breach thereof, shall, upon the <br /> request of any party, be submitted to and settled by arbitration in <br /> conformance with the Commercial Arbitration rules of the American <br /> � Arbitration Association. Any award rendered shall be final and conclusive <br /> on the parties, and a judgment therein may be entered only in a state or <br /> federal court having jurisdiction. The expense of arbitration shall be borne <br /> equally by the parties, provided that each party shall pay for and bear the <br /> cost of its own experts, evidence, and counsel. <br /> (c) No request for arbitration or pending arbitration shall: (i) suspend or <br /> otherwise affect the Customer's obligation to pay any applicable invoices <br /> submitted by NORESCO as provided in Section 2; and (ii) NORESCO 's <br /> duties to continue to perform its obligations under this Agreement. <br /> _ g _ 12/12/00 <br /> _ . _ _. _ . ._... � _ ._.. . . ......._ _,.__ . _ . _ . _ <br />
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