Common use of Assisted Negotiation or Mediation Clause in Contracts

Assisted Negotiation or Mediation. Any assisted negotiation or mediation initiated under this GIA shall be conducted before a single neutral mediator appointed by the Parties. If the Parties fail to agree upon a single mediator within fifteen (15) Calendar Days of the disputing Party’s notice of election to proceed to assisted negotiation or mediation, each Party shall choose a single neutral party who shall sit on a three- member mediation panel. The two neutral parties so chosen shall within twenty (20) Calendar Days select a third neutral party to chair the mediation panel. In either case, the mediators shall be knowledgeable in electric utility matters, including electric transmission and bulk power issues, and shall not have any current or past substantial business or financial relationships with either Party to the assisted negotiation or mediation. In the event the Parties are unable through either assisted negotiation or mediation to resolve the dispute within ninety (90) Calendar Days, each Party may exercise whatever rights and remedies it may have inequity or at law consistent with the terms of the GIA.

Appears in 5 contracts

Samples: Generator Interconnection Agreement, Generator Interconnection Agreement, Standard Generator Interconnection Agreement

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Assisted Negotiation or Mediation. Any assisted negotiation or mediation initiated under this Transitional Cluster GIA shall be conducted before a single neutral mediator appointed by the Parties. If the Parties fail to agree upon a single mediator within fifteen (15) Calendar Days of the disputing Party’s notice of election to proceed to assisted negotiation or mediation, each Party shall choose a single neutral party who shall sit on a three- three-member mediation panel. The two neutral parties so chosen shall within twenty (20) Calendar Days select a third neutral party to chair the mediation panel. In either case, the mediators shall be knowledgeable in electric utility matters, including electric transmission and bulk power issues, and shall not have any current or past substantial business or financial relationships with either Party to the assisted negotiation or mediation. In the event the Parties are unable through either assisted negotiation or mediation to resolve the dispute within ninety (90) Calendar Days, each Party may exercise whatever rights and remedies it may have inequity or at law consistent with the terms of the Transitional Cluster GIA.

Appears in 1 contract

Samples: Cluster Generator Interconnection Agreement

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