1. Noncompliance. Failure to comply with this Agreement may result in: (a) a denial of a request to represent AECC; (b) termination of legal services; (c) disallowance in whole or in part of fees for services rendered (including for failure to comply with the billing requirements provided herein); or (d) other action, including referral to the appropriate attorney licensing authority. The rights and remedies reserved by us in this Agreement will be cumulative and in addition to any other rights or remedies provided by law or equity.
2. Exceptions to this Agreement. Except with regard to billing, the LIC shall have the authority to modify or waive this Agreement during the conduct of a matter. If an exception to the billing aspects of this Agreement is deemed necessary by OC, a request must be submitted and approval must be obtained in writing from the GC. AECC will not reimburse OC for any rates, fees, or expenses incurred in violation of this Agreement. A waiver of any right or remedy will not affect any right or remedy subsequently arising under the same or similar clauses. A waiver of nonperformance under this Agreement must be in writing and will apply only to the specific instance addressed in the waiver and to no other past or future nonperformance.
3. Dispute Resolution. An attempt to resolve any dispute, claim or controversy arising out of these Terms and/or the Agreement must first be made, in good faith, between the GC, and an executive of OC’s firm, by phone or in person. If such attempt fails, then the dispute, claim, or controversy shall be submitted to mediation. If mediation fails, then final resolution of any dispute, claim, or controversy arising out of this Agreement shall be made before a court of law in the State of Arkansas, Pulaski County. Each party shall bear its own costs, fees, and expenses (including attorney fees) during and for any dispute resolution unless otherwise provided herein.
4. Governing Law/Jurisdiction. These Terms and/or the Agreement will be construed and interpreted according to the laws of the State of Arkansas, without regard to the laws regarding conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
10. Assignment. This Agreement may not be assigned or delegated without AECC’s written consent. Any such assignment or delegation will, at AECC’s option, be deemed a cancellation of such Agreement.