Common use of CONCILIATION PROCESS Clause in Contracts

CONCILIATION PROCESS. At any time during the Term, upon the occurrence of one or more breaches under this Agreement, the non-breaching Party shall promptly deliver written notification to the alleged breaching Party setting out in reasonable detail and in clear and concise language the good faith basis for and the specifics of such breach. If the breaching Party has not cured such breach within ten (10) business days after delivery of such written notification, a coordinating committee consisting of the Project Coordinators (hereinafter, the "Coordinating Committee") shall be established by the Parties and shall convene a meeting of itself within ten (1 0) business days thereafter for the purposes of, among other things: - assessing the good faith basis for the claimed breach, - defining, assessing and prioritizing the alternatives reasonably available to cure such breach or to correct the circumstances or situations that gave rise to such breach so as to make its reoccurrence unlikely; and - adopting by unanimous vote, one or more curative or corrective courses of action (the "Proposed Resolution"). Either the breaching Party or the non-breaching Party shall be entitled to (i) make reasonable requests for information ("Information Requests") pertaining to the breach (provided such requests are not unduly burdensome and can be accomplished within two (2) business days) and (ii) present its views to the Coordinating Committee with respect to the breach, through its appropriate officer "Presentation". If within five (5) business days of its first meeting the Coordinating Committee shall be unable to resolve the breach by unanimous vote, then the matter shall immediately be referred to an advisory committee consisting of the President of Anam and the TI Executive Vice President responsible for the Semiconductor Group and two additional personnel of their choice, one of each from TI and Anam (hereinafter the "Advisory Committee") for further attempts at resolution. Within fourteen (14) business days of such referral, the Advisory Committee shall convene a meeting for the purpose of attempting to resolve the breach. The procedures described above concerning Information Requests and Presentation shall also apply to the Advisory Committee proceedings. If within five (5) business days of its first meeting the Advisory Committee shall be unable to resolve the breach by unanimous vote, then the matter shall immediately be referred to the respective Chairman of each of TI and Anam, Group for the purpose of attempting to resolve the breach during the period of ten (10) business days following the submission of such matter to them for their consideration. The process described in this Section 13.04 is herein referred to as the "Conciliation Process".

Appears in 2 contracts

Samples: Technical Assistance Agreement (Amkor Technology Inc), Technical Assistance Agreement (Amkor Technology Inc)

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CONCILIATION PROCESS. At any time during the Term, upon the occurrence of one or more breaches under this Agreement or the Letter Agreement, the non-breaching Party shall promptly deliver written notification to the alleged breaching Party setting out in reasonable detail and in clear and concise language the good faith basis for and the specifics of such breach. If the breaching Party has not cured such breach within ten sixty (1060) business days after delivery of such written notification, a coordinating committee Coordinating Committee consisting of the Project Coordinators (hereinafter, the "Coordinating Committee") of each Party shall be established by the Parties and shall convene a meeting of itself within ten (1 010) business days thereafter for the purposes purpose of, among other things: - (i) assessing the good faith basis for the claimed breach, - (ii) defining, assessing and prioritizing the alternatives reasonably available to cure such breach or to correct the circumstances or situations that gave rise to such breach so as to make its reoccurrence unlikely; unlikely and - (iii) adopting by unanimous vote, one or more curative or corrective courses of action (the "Proposed Resolution"). Either the breaching Party or the non-breaching Party shall be entitled to (i) make reasonable requests for information ("Information Requests") pertaining to the breach (provided such requests are not unduly burdensome and can be accomplished within two three (23) business days) and (ii) present its views to the Coordinating Committee with respect to the breach, breach through its appropriate officer "(“Presentation"”). If within five (5) business days of its first meeting meeting, the Coordinating Committee shall be unable to resolve the breach by unanimous vote, then the matter shall immediately be referred to an advisory committee consisting of the President of Anam and each of the TI Executive Vice President responsible for the Semiconductor Group Parties and two additional personnel of their choice, one of each from TI ChipPAC and Anam Intersil (hereinafter the "Advisory Committee") for further attempts at resolution. Within fourteen ten (1410) business days of such referral, the Advisory Committee shall convene a meeting for the purpose of attempting to resolve the breach. The procedures described above concerning Information Requests and Presentation shall also apply to the Advisory Committee proceedings. If within five (5) business days of its first meeting the Advisory Committee shall be unable to resolve the breach by unanimous vote, then the matter shall immediately be referred to the respective Chairman of each of TI and Anam, Group for the purpose of attempting to resolve the breach during the period of ten (10) business days following the submission of such matter to them for their considerationCommittee. The process described in this Section 13.04 13.5 is herein referred to as the "Conciliation Process".

Appears in 1 contract

Samples: Supply Agreement (Intersil Corp/De)

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CONCILIATION PROCESS. At any time during the Term, upon the -------------------- occurrence of one or more breaches under this Agreement or the Letter Agreement, the non-breaching Party shall promptly deliver written notification to the alleged breaching Party setting out in reasonable detail and in clear and concise language the good faith basis for and the specifics of such breach. If the breaching Party has not cured such breach within ten sixty (1060) business days after delivery of such written notification, a coordinating committee Coordinating Committee consisting of the Project Coordinators (hereinafter, the "Coordinating Committee") of each Party shall be established by the Parties and shall convene a meeting of itself within ten (1 010) business days thereafter for the purposes purpose of, among other things: - (i) assessing the good faith basis for the claimed breach, - (ii) defining, assessing and prioritizing the alternatives reasonably available to cure such breach or to correct the circumstances or situations that gave rise to such breach so as to make its reoccurrence unlikely; unlikely and - (iii) adopting by unanimous vote, one or more curative or corrective courses of action (the "Proposed Resolution"). Either the breaching Party or the non-breaching Party shall be entitled to (i) make reasonable requests for information ("Information Requests") pertaining to the breach (provided such requests are not unduly burdensome and can be accomplished within two three (23) business days) and (ii) present its views to the Coordinating Committee with respect to the breach, breach through its appropriate officer ("Presentation"). If within five (5) business days of its first meeting meeting, the Coordinating Committee shall be unable to resolve the breach by unanimous vote, then the matter shall immediately be referred to an advisory committee consisting of the President of Anam and each of the TI Executive Vice President responsible for the Semiconductor Group Parties and two additional personnel of their choice, one of each from TI ChipPAC and Anam Intersil (hereinafter the "Advisory Committee") for further attempts at resolution. Within fourteen ten (1410) business days of such referral, the Advisory Committee shall convene a meeting for the purpose of attempting to resolve the breach. The procedures described above concerning Information Requests and Presentation shall also apply to the Advisory Committee proceedings. If within five (5) business days of its first meeting the Advisory Committee shall be unable to resolve the breach by unanimous vote, then the matter shall immediately be referred to the respective Chairman of each of TI and Anam, Group for the purpose of attempting to resolve the breach during the period of ten (10) business days following the submission of such matter to them for their considerationCommittee. The process described in this Section 13.04 13.5 is herein referred to as the "Conciliation ------------ Process.".

Appears in 1 contract

Samples: Supply Agreement (Chippac Inc)

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