1. Alternative Dispute Resolution: Alternative Dispute Resolution (ADR) language is usually acceptable. If the Sponsor has included an arbitration clause, it would be helpful to insert language like, "appropriate method of alternative dispute resolution, including, without limitation, arbitration . . . " to expand the
possibilities to include escalation within the internal hierarchies of the parties (elevating the dispute to less interested persons to resolve), mediation, etc. Alternatively, you may counter-offer with one of our standard clauses. a. General Clauses (Abbreviated; Detailed) 2. Conflicts 3.
Copyright Assignment 4. Counterparts 5.
Debarment 6. Electronic Copyright 7.
Employee Obligation to Perform Services 8. Export Control 9.
Immunity from Suit 10. Indemnification Survival Limitation 11.
Insurance 12. Legislative Failure to Allot Funds 13.
Medical Malpractice 14. Net Revenues 15.
Net Sales 16. Non-Dilution of Equity Ownership 17.
Notification of Claims 18. Software Indemnification (Claims of Infringement) 19.
Software Maintenance Definitions 20. State Agency Language 21.
Waiver of Moral Rights 22. Warrants 23.
Work for Hire 1. Alternative Dispute Resolution The parties of this agreement will encourage the prompt and equitable settlement of all
controversies or claims between the parties. The parties agree to negotiate their differences directly and in good faith for a period of no less than thirty (30) days after receiving written notification of the existence of a dispute. If the dispute is not resolved within thirty (30) days after written notification of the existence of a dispute, the parties agree to submit their dispute to a licensed attorney that is an experienced mediator and is located in Travis
County, Texas to work with them to resolve their differences utilizing non-binding mediation. This mediation is a compromise negotiation for purposes of Rule 408 of the Federal Rules of Evidence and Texas Rules of Evidence and is an alternative dispute resolution procedure subject to Section 154.073 of the Texas Civil Practice & Remedies Code. If after non-binding mediation occurs, the dispute is not resolved, the parties are free to exercise all other legal and equitable right.
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