Common use of Consensual Dispute Resolution Clause in Contracts

Consensual Dispute Resolution. The resolution of any dispute between the Operator and the RIRs, arising out of or relating to this Agreement, whether arising before or after termination of this Agreement, shall include the following steps: 13.1.1 An aggrieved Party must set out the dispute in writing ("Dispute Notice") and deliver it to the other Party to this Agreement, utilizing its reasonable efforts to deliver the notice within thirty (30) days after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for dispute. Notwithstanding the foregoing, the aggrieved Party does not waive its right to invoke the Resolution of Disputes procedures described in this Article if it should notify the other Party of such dispute more than thirty (30) days but less than one (1) year after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for dispute. For purposes of this Agreement, the RIRs shall represent any and all RIRs with respect to any dispute arising out of or relating to this Agreement. 13.1.2 The Party who has received a Dispute Notice pursuant to 13.1.1 above must send a written response to the Party that sent the Dispute Notice, within thirty (30) days after receiving the Dispute Notice. 13.1.3 The Parties must negotiate in good faith and use reasonable endeavors to resolve the dispute amicably beginning from the day that the Party receives the Dispute Notice, the negotiation period shall not exceed ninety (90) days.

Appears in 6 contracts

Samples: Service Level Agreement, Service Level Agreement, Service Level Agreement

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Consensual Dispute Resolution. The resolution of any dispute between the Operator and the RIRs, arising out of or relating to this Agreement, whether arising before or after termination of this Agreement, shall include the following steps: 13.1.1 An aggrieved Party must set out the dispute in writing ("Dispute Notice") and deliver it to the other Party to this Agreement, utilizing its reasonable efforts to deliver the notice Dispute Notice within thirty (30) calendar days after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for the dispute. Notwithstanding the foregoing, the aggrieved Party does not waive its right to invoke the Resolution of Disputes procedures described in this Article if it should notify the other Party of such dispute delivers a Dispute Notice more than thirty (30) calendar days but less than one (1) year after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for dispute. If, however, a Dispute Notice is not delivered within one (1) year after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for dispute. For purposes of this Agreement, the RIRs aggrieved Party shall represent any and be deemed to have waived all RIRs with respect to any dispute arising out of or its rights under this Agreement relating to this Agreement.such dispute. 1 13.1.2 The Party who has received a Dispute Notice pursuant to Article 13.1.1 above must send a written response to the Party that sent the Dispute Notice, within thirty (30) calendar days after receiving the Dispute Notice. The date that such response is given is referred to as the “Dispute Response Date”. 13.1.3 The Following the Dispute Response Date, the Parties must negotiate shall attempt in good faith and use reasonable endeavors to reach a mutually agreeable resolution to the dispute through discussions. If the Parties are unable to resolve the dispute amicably beginning from the day that the Party receives within sixty (60) calendar days after the Dispute NoticeResponse Date, the negotiation period shall not exceed ninety (90) dayseither Party may bring such dispute to mediation pursuant to Article 13.2 below.

Appears in 1 contract

Samples: Service Level Agreement

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Consensual Dispute Resolution. The resolution of any dispute between the Operator and the RIRs, arising out of or relating to this Agreement, whether arising before or after termination of this Agreement, shall include the following steps: 13.1.1 An aggrieved Party must set out the dispute in writing ("Dispute Notice") and deliver it to the other Party to this Agreement, utilizing its reasonable efforts to deliver the notice Dispute Notice within thirty (30) calendar days after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for the dispute. Notwithstanding the foregoing, the aggrieved Party does not waive its right to invoke the Resolution of Disputes procedures described in this Article if it should notify the other Party of such dispute delivers a Dispute Notice more than thirty (30) calendar days but less than one (1) year after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for dispute. If, however, a Dispute Notice is not delivered within one (1) year after the aggrieved Party learns, or with reasonable efforts should have learned, of the cause for dispute. For purposes of this Agreement, the RIRs aggrieved Party shall represent any and be deemed to have waived all RIRs with respect to any dispute arising out of or its rights under this Agreement relating to this Agreement.such dispute. 1 13.1.2 The Party who has received a Dispute Notice pursuant to Article 13.1.1 above must send a written response to the Party that sent the Dispute Notice, within thirty (30) calendar days after receiving the Dispute Notice. The date that such response is given is referred to as the “Dispute Response Date”. 13.1.3 The Parties must negotiate in good faith and use reasonable endeavors to resolve the dispute amicably beginning from the day that the Party receives the Dispute Notice, the negotiation period shall not exceed ninety (90) days.

Appears in 1 contract

Samples: Service Level Agreement

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