Common use of COMMERCIAL NEGOTIATIONS Clause in Contracts

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).

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 this 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 this 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 this Schedule 9 (Dispute Resolution Procedure).