Amicable Resolution of Disputes. If any dispute arises between the Parties in respect of the validity, interpretation, implementation or alleged breach of any provision of this Agreement or regarding a question, including the questions as to whether the termination of this Agreement by one party hereto has been legitimate (a “Dispute”), the disputing parties shall attempt to first resolve such dispute or claim through discussions between senior executives of the Purchaserand the Promoter.
Amicable Resolution of Disputes. (a) The Shareholders will make all reasonable efforts at all times to resolve all Disputes by good faith, amicable negotiations before resorting to resolution by mediation or arbitration pursuant to Section 16.4 and Section 16.5. The dispute resolution by a mediator or an arbitrator contemplated in Section 16.4 and Section 16.5 is not intended to substitute for the Shareholders’ mutual ongoing commitment to resolve Disputes in good faith as between themselves.
(b) The Shareholders agree to provide on an ongoing “without prejudice” basis (subject to any claim for privilege asserted by a Shareholder, including any ruling as to privilege or relevance made by any arbitrator during an arbitration conducted under this Article 16), xxxxx, candid, and timely disclosure of all relevant facts, information and Documents to facilitate negotiations with respect to the resolution of a Dispute.
(c) Either Shareholder may commence a dispute resolution by delivering a written notice of dispute (“Notice of Dispute”) to the other Shareholder.
(d) The Notice of Dispute shall include:
(i) a demand that the Dispute be referred to dispute resolution pursuant to this Article 16;
(ii) a general description of the Dispute; and
(iii) the relief or remedy sought.
Amicable Resolution of Disputes. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to this Agreement by negotiation. If the dispute cannot be resolved in the normal course of business, the Party that raised the dispute shall give the other Party written notice of any such dispute not resolved, after which the dispute shall be referred to senior executives of the Parties, who shall likewise attempt to resolve the dispute in good faith. If such senior executives of the Parties fail to resolve the dispute within thirty (30) days of the above-mentioned notice, they shall refer the relevant dispute to the Escalation Board, as described below.
Amicable Resolution of Disputes. Each party agrees that prior to initiating arbitration or bringing a claim or cause of action (except for equitable relief), it shall provide written notice to the other party of an applicable dispute. Within seven (7) days of such notice, the parties must hold at least one meeting (virtually or in person) between knowledgeable executives and attempt to negotiate the dispute in good faith.
Amicable Resolution of Disputes. (a) The Parties will make all reasonable efforts at all times to resolve all Disputes by good faith, amicable negotiations before resorting to resolution by mediation or arbitration pursuant to Section 7.4 and Section 7.5. The dispute resolution by a mediator or an arbitrator contemplated in Section 7.4 and Section 7.5 is not intended to substitute for the Parties’ mutual ongoing commitment to resolve Disputes in good faith as between themselves.
(b) The Parties agree to provide on an ongoing “without prejudice” basis (subject to any claim for privilege asserted by a Party, including any ruling as to privilege or relevance made by any arbitrator during an arbitration conducted under this Article 7), xxxxx, candid, and timely disclosure of all relevant facts, information and Documents to facilitate negotiations with respect to the resolution of a Dispute.
(c) Either Party may commence a dispute resolution by delivering a written notice of dispute (“Notice of Dispute”) to the other Party. The Party delivering a Notice of Dispute is referred to herein as the “Claimant”; the Party receiving the Notice of Dispute shall be referred to herein as the “Respondent”.
(d) The Notice of Dispute shall include:
(i) a demand that the Dispute be referred to dispute resolution pursuant to this Article 7;
(ii) a general description of the Dispute; and
(iii) the relief or remedy sought.
Amicable Resolution of Disputes. In the event that ONI delivers an Objection Notice, Novoste and ONI shall attempt to amicably resolve any dispute by good faith negotiations between them during a period of 10 business days after the delivery of the Objection Notice. If Novoste and ONI resolve their disagreements over the disputed items within such 10 business days, the amount of the Novoste Net Cash Assets, the number of Total Consideration Shares, the Common Stock Exchange Ratio and the Series A Exchange Ratio to which Novoste and ONI shall agree in writing, shall be the final and binding upon Novoste and ONI, and the Determination Date Update shall be modified to reflect such resolution and shall constitute the Final Calculation Statement. In the event that Novoste and ONI fail to amicably resolve the disputes between them within such 10 business day period, each of Novoste and ONI shall have the right to terminate this Agreement in accordance with Section 9.1(k) by giving the other party written notice thereof. For the avoidance of doubt, with respect to matters for which a specified dollar amount has been stipulated in the Preliminary Calculation Statement, absent the occurrence of specific events, if such specific events have not occurred between the date hereof and the delivery by Novoste of the Determination Date Update, the parties hereto (A) shall be bound by and may not challenge such stipulated amounts as set forth in the Preliminary Calculation Statement and (B) may not invoke the termination rights set forth in Section 9.1(k) in connection with the determination of such amounts.
Amicable Resolution of Disputes. The parties having agreed to these Platform Rules shall endeavour to settle amicably any dispute or complaint relating to the interpretation, application or fulfilment of these Platform Rules.
Amicable Resolution of Disputes. All disputes, controversies or differences that may arise between the parties hereto, out of or in relation to or in connection with contractual relationship or for the breach thereof, shall be settled amicably through negotiations in good faith.
Amicable Resolution of Disputes. No litigation may be commenced (other than for injunctive relief) by a party unless it first proposes a meeting of management and technical personnel of the parties to resolve the dispute. The proposed discussions shall be at the location of the other party on dates selected by the other party from alternatives provided by the complaining party. Each party may invite an independent expert to attend the discussions to offer opinions on relevant technical matters to assist the parties.
Amicable Resolution of Disputes. If a claim or dispute arises out of or related to this Agreement and the dispute cannot be settled through direct discussions, Xxxxxxx Software and User agree that they shall first endeavor to settle the same in an amicable fashion, including the use of a mediator. If such efforts fail to resolve the claim or dispute, the claim or dispute shall be resolved pursuant to the subsequent section entitled “Binding Arbitration of Disputes” herein.
