Agreement to Negotiate. Before submitting any controversy, dispute or claim arising out of or relating to this Operating Agreement or any breach of this Operating Agreement to arbitration, the following procedures shall be followed: (i) The party desiring to submit any such controversy, dispute or claim to arbitration (“Claimant”) first shall give written notice thereof to the other party (“Recipient”) setting forth in detail the pertinent facts and circumstances relating to such controversy, dispute or claim; (ii) Recipient shall have a period of FIFTEEN (15) days in which to consider the controversy, dispute or claim that is the subject of the notice and to furnish in writing to Claimant a written statement of Recipient’s position with respect thereto; (iii) Within SEVEN (7) days of Claimant’s receipt of Recipient’s written statement, Claimant and Recipient shall meet with a mediator, whose identity shall be mutually agreed upon by Claimant and Recipient, in an effort to resolve amicably any difference that may exist between the respective positions of Claimant and Recipient, and, if such resolution is not achieved, either or both of Claimant and Recipient shall have the right to submit the matter to arbitration.
Appears in 3 contracts
Samples: Operating Agreement (NGA Holdco, LLC), Operating Agreement (NGA Holdco, LLC), Operating Agreement (NGA Holdco, LLC)
Agreement to Negotiate. Before submitting any controversy, dispute or claim arising out of or relating to this Operating Agreement or any breach of this Operating Agreement to arbitration, the following procedures shall be followed:
(i) i. The party desiring to submit any such controversy, dispute or claim to arbitration (“Claimant”) first shall give written notice thereof to the other party (“Recipient”) setting forth in detail the pertinent facts and circumstances relating to such controversy, dispute or claim;
(ii) . Recipient shall have a period of FIFTEEN fifteen (15) days in which to consider the controversy, dispute or claim that is the subject of the notice and to furnish in writing to Claimant a written statement of Recipient’s position with respect thereto;
(iii) . Within SEVEN seven (7) days of Claimant’s receipt of Recipient’s written statement, Claimant and Recipient shall meet with a mediator, whose identity shall be mutually agreed upon by Claimant and Recipient, in an effort to resolve amicably any difference that may exist between the respective positions of Claimant and Recipient, and, if such resolution is not achieved, either or both of Claimant and Recipient shall have the right to submit the matter to arbitration.
Appears in 2 contracts
Samples: Management Services Agreement (Old Evangeline Downs Capital Corp), Management Services Agreement (Peninsula Gaming, LLC)
Agreement to Negotiate. Before submitting any controversy, dispute or claim arising out of or relating to this Operating Agreement or any breach of this Operating Agreement to arbitration, the following procedures shall be followed:
(ia) The party desiring to submit any such controversy, dispute or claim to arbitration (“"Claimant”") first shall give written notice thereof to the other party (“"Recipient”") setting forth in detail the pertinent facts and circumstances relating to such controversy, dispute or claim;
(iib) Recipient shall have a period of FIFTEEN fifteen (15) days in which to consider the controversy, dispute or claim that is the subject of the notice and to furnish in writing to Claimant a written statement of Recipient’s 's position with respect thereto;
(iiic) Within SEVEN seven (7) days of Claimant’s 's receipt of Recipient’s 's written statement, Claimant and Recipient shall meet with a mediator, whose identity shall be mutually agreed upon by Claimant and Recipient, in an effort to resolve amicably any difference that may exist between the respective positions of Claimant and Recipient, and, if such resolution is not achieved, either or both of Claimant and Recipient shall have the right to submit the matter to arbitration.
Appears in 1 contract
Agreement to Negotiate. Before submitting any controversy, dispute or claim arising out of or relating to this Operating Agreement or any breach of this Operating Agreement to arbitration, the following procedures shall be followed:
(i) The party i. Theparty desiring to submit any such controversy, dispute or claim to arbitration (“"Claimant”") first shall give written notice thereof to the other party (“"Recipient”") setting forth in detail the pertinent facts and circumstances relating to such controversy, dispute or claim;
(ii) . Recipient shall have a period of FIFTEEN fifteen (15) days in which to consider the controversy, dispute or claim that is the subject of the notice and to furnish in writing to Claimant a written statement of Recipient’s 's position with respect thereto;
(iii) . Within SEVEN seven (7) days of Claimant’s 's receipt of Recipient’s 's written statement, Claimant and Recipient shall meet with a mediator, whose identity shall be mutually agreed upon by Claimant and Recipient, in an effort to resolve amicably any difference that may exist between the respective positions of Claimant and Recipient, and, if such resolution is not achieved, either or both of Claimant and Recipient shall have the right to submit the matter to arbitration.
Appears in 1 contract
Samples: Management Services Agreement (Peninsula Gaming Corp)