Common use of Negotiation Between Executives Clause in Contracts

Negotiation Between Executives. The Members shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (a) a statement of each party’s position and a summary of arguments supporting that position; and, (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice, the executives of each Member shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Parties involved in the dispute shall attempt in good faith to resolve any the dispute arising out of or relating to this Agreement between them promptly by direct negotiation between executives who have authority to settle the controversy and who are at a comparable or higher level of management than the persons with direct responsibility for administration who have been involved in the negotiation of this Agreement, unless there is no executive of a higher level. Any party Party may give the other party Parties written notice of any dispute not resolved in the normal course of business; provided, however, that the requirements under this Section 12.2 shall fall away if there has been no resolution within 60 days after the delivery of the initial notice. Within fifteen (15) seven days after delivery of the such notice, the receiving party Party or Parties shall submit to the other a written response. The notice and the response shall include: include (a) a statement of each partythat Party’s position and a summary of the arguments supporting that position; and, and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty (30) 15 days after delivery of the disputing party’s initial notice, the executives of each Member the Parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and reasonable efforts to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of litigation.

Negotiation Between Executives. The Members Parties involved in the dispute shall attempt in good faith to resolve any the dispute arising out of or relating to this Agreement between them promptly by direct negotiation between executives who have authority to settle the controversy and who are at a comparable or higher level of management than the persons with direct responsibility for administration who have been involved in the negotiation of this Agreement, unless there is no executive of a higher level. Any party Party may give the other party Parties written notice of any dispute not resolved in the normal course of business; provided, however, that the requirements under this Section 10.2 shall fall away if there has been no resolution within 60 days after the delivery of the initial notice. Within fifteen (15) 7 days after delivery of the such notice, the receiving party Party or Parties shall submit to the other a written response. The notice and the response shall include: include (a) a statement of each partythat Party’s position and a summary of the arguments supporting that position; and, and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty (30) 15 days after delivery of the disputing party’s initial notice, the executives of each Member the Parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and reasonable efforts to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of litigation.

Negotiation Between Executives. The Members Stockholders shall attempt in good faith to resolve any dispute arising out of or relating to this Stockholders’ Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (a) a statement of each party’s position and a summary of arguments supporting that position; and, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice, the executives of each Member Stockholder shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement Dispute promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for the administration of this the Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any dispute Dispute (a “Notice”) not resolved in the normal course of business. Within fifteen (15) days after delivery of the noticea Notice, the receiving party shall submit to the other a written responseresponse (a “Response”). The notice Notice and the response Response shall include: include (a) a statement of each that party’s position and a summary of arguments supporting that position; and, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) 30 days after delivery of the disputing party’s noticeResponse, the executives of each Member both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honoredDispute. All negotiations pursuant to this clause are subsection (b) shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidenceany subsequent proceedings under this Section 14.

Negotiation Between Executives. The Members Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party Party may give the other party Party written notice of any dispute not resolved in the normal course of businessbusiness (“Initial Notice”). Within fifteen (15) days after delivery A copy of the notice, the receiving party Initial Notice shall submit also be given to the other a written responseDPUC. The notice and the response Such Initial Notice shall include: (a) a statement of each partythat Party’s position and a summary of arguments supporting that position; andand (b) the name and title of the executive who will be representing that Party and of any other person who will accompany the executive. Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty fifteen (3015) days Business Days after delivery of the disputing party’s noticeInitial Notice, the executives of each Member both Parties and a representative from the DPUC shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Parties shall attempt in good faith to promptly resolve any dispute arising out of or relating to this Agreement promptly and/or any of the other Transaction Documents (except as set forth in Section 12.9) by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons Persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher levelthe Transaction Documents. Any party Either Party may give the other party written Party (written) notice of any dispute not resolved in the normal course of business. Such notice shall include: (a) a statement of that Party's position and a summary of arguments supporting that position; and (b) the name and title of the executive who will be representing that Party and of any other Person who will accompany the executive. Within fifteen (15) days after delivery of the notice, the receiving party Party shall submit to the other a written response. The notice and the response shall includerespond with: (ai) a statement of each party’s that Party's position and a summary of arguments supporting that position; and, and (bii) the name and title of the executive who will represent that party Party and of any other person Person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s initial notice, the designated executives of each Member both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party Party to the other will be honored. All negotiations pursuant to this clause are Section 12.1 shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable Law and rules of evidence.

Negotiation Between Executives. The Members Stockholders shall attempt in good faith to resolve any dispute arising out of or relating to this Stockholders’ Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (a) a statement of each party’s position and a summary of arguments supporting that position; and, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice, the executives of each Member Stockholder shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are are, confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Subject to Section 7.7, the ------------------------------ parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any Either party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (ai) a statement of each party’s 's position and a summary of arguments supporting that position; and, and (bii) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty fifteen (3015) days after delivery of the disputing party’s 's notice, the executives of each Member both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause Section 7.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members shall DPI and Xxxxxx will attempt in good faith to resolve any dispute claim or controversy arising out of or relating to the execution, interpretation and performance of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by direct negotiation submitting such dispute to negotiations between executives of each Party who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher levelcontroversy. Any party Either DPI or Xxxxxx may give the other party Party written notice of any dispute not resolved in the normal course of businessdispute. Within fifteen thirty (1530) days after delivery of the notice, the receiving party Party shall submit to the other noticing Party a written response. The notice and the response shall include: include (a) a statement of each party’s Party's position and a summary of arguments supporting that position; and, and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notifying Party's notice, the executives of each Member shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Negotiation Between Executives. The Members parties shall attempt in good ------------------------------ faith to resolve any dispute arising out of or relating to Section 2.8(a) of this Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (ai) a statement of each party’s 's position and a summary of arguments supporting that position; and, and (bii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within thirty (30) 10 days after delivery of the disputing party’s 's notice, the executives of each Member both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days of such notice, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence of California and any other applicable rules of evidence.

Negotiation Between Executives. The Members shall will attempt in good faith to resolve any dispute claim or controversy arising out of or relating to the execution, interpretation and performance of this Agreement and any other agreement between the Company and any Member contemplated hereby (including the validity, scope and enforceability of this dispute resolution provision) promptly by direct negotiation submitting such dispute to the Management Board. Should the Management Board be unable to resolve the dispute, there shall be negotiations between executives of each Member involved in such dispute who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher levelthe Management Board. Any party Member may give the other party written notice of any dispute not resolved in through the normal course of businessManagement Board. Within fifteen thirty (1530) days after delivery of the notice, the receiving party Member shall submit to the other noticing Member a written response. The notice and the response shall include: include (a) a statement of each party’s Member's position and a summary of arguments supporting that position; and, and (b) the name and title of the executive who will represent that party Member and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notifying Member's notice, the executives of each Member the involved Members shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party Member to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Subject to Section 8.7, the parties ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any Either party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (ai) a statement of each party’s 's position and a summary of arguments supporting that position; and, and (bii) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty fifteen (3015) days after delivery of the disputing party’s 's notice, the executives of each Member both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause Section 8.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by direct negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: include (a) a statement of each party’s 's position and a summary of arguments supporting that position; and, position and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s 's notice, the executives of each Member both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement Dispute promptly by direct negotiation between executives who have authority to settle the controversy Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party Either Party may give the other party Party written notice (a "Dispute Notice") of any dispute Dispute not resolved in the normal course of business. Within fifteen (15) thirty days after delivery of the noticea Dispute Notice, the receiving party Party shall submit to the other Party a written response. The notice Dispute Notice and the response shall include: include (a) a statement of each party’s Party's position and a summary of arguments supporting that position; and, position and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice'Dispute Notice, the executives of each Member both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the disputeDispute. All reasonable requests for information made by one party Party to the other Party will be honored. All negotiations pursuant to this clause Section 11.8.2 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Except as otherwise provided ------------------------------ elsewhere in this Agreement, the Buyers and the Sellers shall attempt in good faith to resolve any dispute or difference between or among the parties arising out of or relating to this Agreement promptly by direct negotiation between executives of the relevant parties who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, unless there is no executive of a higher levelcontroversy. Any party Either Buyers or Sellers may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice of dispute and the response shall include: include (a) a statement of each party’s 's position and a summary of arguments supporting that position; and, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s 's notice, the executives of each Member both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All such information and all negotiations pursuant to this clause Section 11.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. The Members Seller and Buyer shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by direct negotiation negotiations between executives including in-house counsel who have authority to settle the controversy and who are at a higher level (subject to board of management than the persons with direct responsibility for administration of this Agreementdirectors or equivalent approval, unless there is no executive of a higher levelif required). Any Each party may shall promptly give the other party written notice of any dispute not resolved in the normal course of businessbusiness (the "Dispute Notice"). Within fifteen (15) 10 business days after delivery of the noticeDispute Notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (a) a statement of each party’s position and a summary of arguments supporting that position; and, (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the disputing party’s notice, the executives of each Member both parties -52- shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the dispute. All reasonable requests for information made If the matter has not been resolved within 45 business days of the Dispute Notice, or if the parties fail to meet within 10 business days, any of the parties may initiate further dispute resolution procedures as provided hereinafter. If a party intends to be accompanied at a meeting by one party to an attorney other than in-house counsel, the other will party shall be honoredgiven at least three business days' notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause Section 12.14(a) are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable the Federal Rules of Evidence and state rules of evidence.