Business Review Process Clause Samples

Business Review Process o A business review will be held once each calendar quarter over the term of this Agreement. These business reviews will review performance to date against this Agreement, review out-quarter business opportunities, and address any open issues related to this Agreement and its performance. The attendees, timing, location and specific agenda for each of these business reviews will be decided upon by the two Services Executive Coordinators. o An executive review will be conducted on or before August 1, 2000 by the Compaq Vice President and General Manager, Customer Services and the Inacom Senior Vice President, Solutions Delivery, to review the year to date performance under this Agreement and to consider the need for any changes to this Agreement, to be mutually agreed upon by the parties.

Business Review Process. 7.2.5.1. With respect to any dispute, issue, controversy or claim of breach arising under this Agreement (a "Dispute"), either party may initiate the process described in this Section 7.2.5 (the "Business Review Process") to seek resolution of the Dispute. Except as specifically provided to the contrary in this Agreement, CONFIDENTIAL TREATMENT REQUESTED compliance with the Business Review Process is not a condition or requirement to the exercise of any legal remedies or proceedings, to the exercise of rights or remedies provided by or under this Agreement, or to other action by a person. 7.2.5.2. The Business Review Process is initiated by a Notice from Applied or Kinetics to the other of a Dispute, which notice shall be given under Section 1.2.2, and a request for review of the Dispute under the Business Review Process. Upon such Notice and request, Applied shall designate a representative at its director level or higher, and Kinetics shall designate a representative at its director level or higher, to constitute their representatives for this Business Review Process. These representatives shall promptly confer and use commercially reasonable efforts in good faith to resolve the Dispute. The Business Review Process shall continue for twenty (20) Business Days after the date on which the party initiating the process designates its representative, unless otherwise agreed by the two representatives. If the Dispute is not resolved through the Business Review Process or a party fails to comply with, perform or observe the terms for cure, correction or waiver of the breach, default or Dispute established through the Business Review Process, then all parties shall be free to pursue all rights, remedies and relief as may be available, without further application of the Business Review Process or other provision for cure or correction.

Business Review Process. To promote a business relationship that builds off of the strengths of each company, Allergan and Humphrey shall meet at least semi-annually, in January and July o▇ ▇▇▇▇ ▇alendar year, during the Term of this Agreement. During this meeting the parties shall (i) share their company's sales and marketing plans, (ii) cost savings ideas, (iii) review key business performance metrics including but not limited to purchase price variance, shipping performance, service levels (iv) and progress to reduce manufacturing lead-time. Humphrey and Allergan agree to explore feasibility of distributin▇ ▇▇▇▇▇▇ts out of Humphrey's Facilities. Should the use of Humphrey's Facilities fo▇ ▇▇▇▇▇▇▇▇tion of the Products prove prac▇▇▇▇▇▇▇ ▇▇r both parties, the parties also agree to explore the feasibility of Humphrey maintaining ownership of the Products until they ship to ▇▇▇ ▇▇▇tomer.