COMMERCIAL NEGOTIATIONS Sample Clauses

COMMERCIAL NEGOTIATIONS. Where the Parties have been unable to resolve the Dispute in good faith under paragraphs 2.4 to 2.8 of this Call Off Schedule 11, pursuant to paragraph 2.1.2 the Customer and the Supplier shall use reasonable endeavours to resolve the Dispute by discussion between Senior Officers. Senior Officers shall resolve the Dispute as soon as possible and in any event thirty (30) Working Days from the date Parties agree good faith discussions were deemed unsuccessful. If Senior Officers: are of the reasonable opinion that the resolution of a Dispute by commercial negotiation, or the continuance of commercial negotiations, will not result in an appropriate solution; or fail to resolve the Dispute in the timelines under paragraph 3.2 of this Call Off Schedule 11, commercial negotiations shall be deemed unsuccessful and either Party may serve a Dispute Notice in accordance with paragraphs 3.4 and 3.5 of this Call Off Schedule 11.
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COMMERCIAL NEGOTIATIONS. 2.1 Following the service of a Dispute Notice, the Administering Authority and the Provider shall use reasonable endeavours to resolve the Dispute as soon as possible, by discussion between the Administering Authority's Commercial Director (or equivalent) and the Provider's Commercial Director (or equivalent), such discussions being commercial negotiations. 2.2 If: 2.2.1 either Party is of the reasonable opinion that the resolution of a Dispute by commercial negotiation, or the continuance of commercial negotiations, will not result in an appropriate solution; or 2.2.2 the Parties have already held discussions of a nature and intent (or otherwise were conducted in the spirit) that would equate to the conduct of commercial negotiations in accordance with this paragraph 2 (Commercial Negotiations) of Schedule 9 (Dispute Resolution Procedure); or 2.2.3 the Parties have not settled the Dispute in accordance with paragraph 2.1 (Commercial Negotiations) of Schedule 9 (Dispute Resolution Procedure) within thirty (30) Working Days of service of the Dispute Notice, either Party may serve a written notice to proceed to mediation (a Mediation Notice) in accordance with paragraph 3 (Mediation) of Schedule 9 (Dispute Resolution Procedure).
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COMMERCIAL NEGOTIATIONS. 2.1 Subject to paragraph 2.5, the parties shall use all reasonable endeavours to settle any Dispute between them in good faith and in accordance with the procedure set out in this paragraph 2. 2.2 In the first instance, the Council and the Contractor will make reasonable endeavours to resolve all Disputes as soon as possible, at the lowest level in the project structure in which they can best be managed. Where either party considers that a Dispute cannot be resolved within acceptable timescales the dissatisfied party may escalate the Dispute to the next level in the partnering structure in accordance with the following escalation process ("Escalation Process"), provided that the parties shall not repeat this process in respect of a Dispute relating to an Exception that has been escalated already in accordance with this process: Council and Contractor Representative; then Chief Executive of the Council and Director level of the Contractor 2.3 The speed of escalation and resolution of Disputes during this commercial negotiations stage will be judged by reference to the seriousness and operational impact of the issue and should be agreed between the parties (but in default of agreement at the discretion of the Council). The timescale for resolving Disputes by commercial negotiations shall be as set out in the applicable section of the Dispute Resolution Timetable. 2.4 If the parties have not settled the Dispute in accordance with the Escalation Process and the time period provided in paragraph 0 then the parties shall refer the matter to either (i) expert determination in accordance with paragraph Error! Reference source not found. of this schedule part 4 or (ii) arbitration in accordance with paragraph 4 of this schedule part 4, but only with the express written consent of the Council as set out in paragraph 4. 2.5 If either party is of the reasonable opinion that the resolution of a Dispute by commercial negotiation, or the continuance of commercial negotiations, will not result in an appropriate solution or that the parties have already held discussions of a nature and intent (or otherwise were conducted in the spirit) that would equate to the conduct of commercial negotiations in accordance with this paragraph 2, that party shall serve a written notice to that effect and the parties shall proceed in accordance with clause 2.4 above
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COMMERCIAL NEGOTIATIONS. 2.1 Following the service of the Dispute Notice, the parties to that Dispute shall use all reasonable endeavours to resolve the Dispute as soon as possible. 2.2 If: (a) a party to the Dispute is of the reasonable opinion that the resolution of a Dispute by commercial negotiation, or the continuation of commercial negotiations, will not result in an appropriate solution; (b) the parties to the Dispute have already held discussions of a nature and intent (or otherwise were conducted in the spirit) that would equate to the conduct of commercial negotiations in accordance with this Paragraph 2; or (c) the parties to the Dispute have not settled the Dispute in accordance with Paragraph 2.1 within thirty (30) Working Days, then, in respect of: (d) a Framework Dispute, the Framework Authority or Contractor may serve a written notice to proceed to mediation in accordance with Paragraph 3 (Mediation) (a "Mediation Notice"); and (e) a Call-Off Dispute, the parties shall escalate the matter to the Contract and Operations Board as defined in the Framework Agreement. Where the Contract and Operations Board are unable to resolve the Dispute within thirty (30) Working Days the Customer or the Contractor may serve a Mediation Notice on the other.
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COMMERCIAL NEGOTIATIONS. 3.1 Following the service of a Dispute Notice, the Authority and the Supplier shall use reasonable endeavours to resolve the Dispute as soon as possible, by discussion between the Authority’s [insert role] and the Supplier’s [insert role], such discussions being commercial negotiations. 3.2 If: 3.2.1 either Party is of the reasonable opinion that the resolution of a Dispute by commercial negotiation, or the continuance of commercial negotiations, will not result in an appropriate solution; or 3.2.2 the Parties have already held discussions of a nature and intent (or otherwise were conducted in the spirit) that would equate to the conduct of commercial negotiations in accordance with this paragraph 3; or 3.2.3 the Parties have not settled the Dispute in accordance with paragraph 3.1 within thirty (30) Working Days of service of the Dispute Notice, either Party may serve a written notice to proceed to mediation (a “Mediation Notice”) in accordance with paragraph 4.
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COMMERCIAL NEGOTIATIONS. 2.1 Subject to paragraph 2.5, the parties shall use all reasonable endeavours to settle any Dispute between them in good faith and in accordance with the procedure set out in this paragraph 2. 2.2 In the first instance, the Authority and the Contractor will make reasonable endeavours to resolve all Disputes as soon as possible, at the lowest level in the project structure in which they can best be managed. Where either party considers that a Dispute cannot be resolved within acceptable timescales the dissatisfied party may escalate the Dispute to the next level in the partnering structure in accordance with the following escalation process ("Escalation Process"), provided that the parties shall not repeat this process in respect of a Dispute relating to an Exception that has been escalated already in accordance with this process: Project Manager; then Project Board; then
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COMMERCIAL NEGOTIATIONS. Where the Parties have been unable to resolve the Dispute in good faith under paragraphs 2.4 to 2.8 of this Call Off Schedule 11, pursuant to paragraph 2.1.2 the Customer and the Supplier shall use reasonable endeavours to resolve the Dispute by discussion between Senior Officers. Senior Officers shall resolve the Dispute as soon as possible and in any event thirty (30) Working Days from the date Parties agree good faith discussions were deemed unsuccessful. If Senior Officers: are of the reasonable opinion that the resolution of a Dispute by commercial negotiation, or the continuance of commercial negotiations, will not result in an appropriate solution; or fail to resolve the Dispute in the timelines under paragraph 3.2 of this Call Off Schedule 11, commercial negotiations shall be deemed unsuccessful and either Party may serve a Dispute Notice in accordance with paragraphs 3.4 and 3.5 of this Call Off Schedule 11. Dispute Notice The Dispute Notice shall set out: the material particulars of the Dispute; the reasons why the Party serving the Dispute Notice believes that the Dispute has arisen; and if the Party serving the Dispute Notice believes that the Dispute should be dealt with under the Expedited Dispute Timetable as set out in paragraph 7 of this Call Off Schedule 11, the reason why. Unless agreed otherwise in writing, the Parties shall continue to comply with their respective obligations under this Call Off Contract regardless of the nature of the Dispute and notwithstanding the referral of the Dispute to the Dispute Resolution Procedure.
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Related to COMMERCIAL NEGOTIATIONS

  • Mutual Negotiations This Agreement and the other Transaction Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any other Transaction Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any other Transaction Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.

  • Contract Negotiations Where operational requirements permit, and on reasonable notice, the Employer shall grant special leave with pay for not more than two (2) representatives of each bargaining unit for the purpose of attending contract negotiation meetings with the Employer on behalf of the Union. Such permission shall not be unreasonably withheld.

  • Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

  • No Negotiations The Seller will not directly or indirectly (through a representative or otherwise) solicit or furnish any information to any prospective buyer, commence, or conduct presently ongoing, negotiations with any other party or enter into any agreement with any other party concerning the sale of the Seller, any Restaurants, the Seller’s assets or business or any part thereof or any membership interest in the Seller (an "acquisition proposal"), and the Seller shall immediately advise Buyer of the receipt of any acquisition proposal.

  • Other Negotiations Following the date hereof and until termination of this Agreement pursuant to Section 9.1, Target will not (and it will not permit any of its officers, directors, employees, agents and Affiliates on its behalf to) take any action to solicit, initiate, seek, encourage or support any inquiry, proposal or offer from, furnish any information to, or participate in any negotiations with, any corporation, partnership, person or other entity or group (other than Acquiror) regarding any acquisition of Target, any merger or consolidation with or involving Target, or any acquisition of any material portion of the stock or assets of Target or any material license of Target Proprietary Rights (any of the foregoing being referred to in this Agreement as an "ACQUISITION TRANSACTION") or enter into an agreement concerning any Acquisition Transaction with any party other than Acquiror. If between the date of this Agreement and the termination of this Agreement pursuant to Section 9.1, Target receives from a third party any offer or indication of interest regarding any Acquisition Transaction, or any request for information regarding any Acquisition Transaction, Target shall (i) notify Acquiror immediately (orally and in writing) of such offer, indication of interest or request, including the identity of such party and the full terms of any proposal therein, and (ii) notify such third party of Target's obligations under this Agreement.

  • Future Negotiations If at any time prior to termination of this Amendment the Custodian as a matter of standard business practice, accepts delegation as Foreign Custody Manager for its U.S. mutual fund clients on terms materially different than set forth in this Amendment, the Custodian hereby agrees to negotiate with the fund in good faith with respect thereto.

  • Preparatory Contract Negotiations Meetings Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

  • Exclusive Negotiations The State will not bargain collectively or meet with any employee organization other than MSEA-SEIU with reference to terms and conditions of employment of employees covered by this Agreement. If any such organizations request meetings they will be advised by the State to transmit their requests concerning terms and conditions of employment to MSEA-SEIU.

  • Scope of Negotiations The obligation to bargain collectively means to negotiate at reasonable times and to execute a written contract incorporating the terms of any agreement reached. The obligation to bargain collectively does not require the Board and the Association to agree to a proposal nor does it require the making of a concession. Those matters, which are negotiable, are: wages, hours, terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of this Agreement.

  • Contract Negotiations Meetings Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

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