Consultation Period. If the alleged breach is not cured to Alleging Party’s reasonable satisfaction within the Cure Period, or if such breach is not susceptible of cure, then a ninety (90) day executive consultation period (“Consultation Period”) shall begin. During such period, a senior officer (which shall be, as applicable, the chief executive officer or another senior officer of Licensee and the Chair of the Licensor) of each of the Alleging Party and the Breaching Party shall meet in person at a mutually agreed location, at least once, and by other telephone or electronic means as required, to use their best efforts in good faith to find a mutually-acceptable means for addressing the alleged breach. The CCG Representatives for the Relevant Community are entitled to participate in such consultations. Each Party shall bear its own expenses in connection with such consultations. If requested by a Party, a third-party mediator may be utilized in order to facilitate discussion and settlement of the dispute, the expenses of which shall be shared equally by the Parties. If a mediator has been utilized, the Consultation Period may be extended by an additional thirty (30) days.
Consultation Period. Subject to the terms and conditions hereinafter set forth, the term of this Agreement shall, provided the Consultant has timely entered into the Separation Agreement and Additional Release, commence on the Consulting Effective Date and continue until the second (2nd) anniversary of the Consulting Effective Date (such period, the “Consultation Period”). The Consultation Period shall automatically terminate upon the death of the Consultant or the date on which the Consultant becomes physically or mentally incapable of performing the Services. This Agreement may further be terminated at any time after the Consulting Effective Date in the following manner: (i) by the Company at any time immediately upon written notice if the Consultant has materially breached this Agreement or the Separation Agreement; (ii) by the Consultant at any time immediately upon written notice if the Company has materially breached this Agreement or the Separation Agreement; (iii) at any time upon the mutual written consent of the parties hereto, or (iv) by either party for any reason upon thirty (30) days’ prior written notice to the other party. The Consultation Period may be extended by the mutual written agreement of the parties hereto.
Consultation Period. (a) Subject to paragraph (b) below, before giving any instructions to the Security Agent to enforce the Transaction Security or refrain or cease from enforcing the Transaction Security or to take any other Enforcement Action, the Agent(s) of the Creditors represented in the Instructing Group concerned (and, if applicable, any relevant Hedge Counterparties) shall consult with each other Agent, each other Hedge Counterparty, each Operating Facility Lender and the Security Agent in good faith about the instructions to be given by the Instructing Group for a period of not less than five Business Days (or, in the case of any consultation involving a Senior Notes Trustee, a Senior Parent Notes Trustee or a Creditor Representative in respect of any high yield notes, debt securities or other similar instruments, 15 days) from the date on which details of the proposed instructions are received by such Agents, Hedge Counterparties, Operating Facility Lenders and the Security Agent (or such shorter period as each Agent, Hedge Counterparty, Operating Facility Lender and the Security Agent shall agree) (the "Consultation Period"), and only following the expiry of a Consultation Period shall the Instructing Group be entitled to give any instructions to the Security Agent to enforce the Transaction Security or refrain or cease from enforcing the Transaction Security or take any other Enforcement Action.
(b) No Agent or Hedge Counterparty shall be obliged to consult in accordance with paragraph (a) above and an Instructing Group shall be entitled to give any instructions to the Security Agent to enforce the Transaction Security or take any other Enforcement Action prior to the end of a Consultation Period (in each case provided that such instructions are consistent with any applicable requirements of this Agreement and the Security Documents) if:
(i) the Transaction Security has become enforceable as a result of an Insolvency Event; or
(ii) the Instructing Group or any Agent of the Creditors represented in the Instructing Group determines in good faith (and notifies each other Agent, the Hedge Counterparties and the Security Agent) that to enter into such consultations and thereby delay the commencement of enforcement of the Transaction Security would reasonably be expected to have a material adverse effect on:
(A) the Security Agent's ability to enforce any of the Transaction Security; or
(B) the realisation proceeds of any enforcement of the Transaction Security, and, w...
Consultation Period. Subject to paragraph (b) below, before giving any instructions to the Security Agent to (i) enforce the Transaction Security or (ii) take any other Enforcement Action, the Agent(s) of the Creditors represented in the Instructing Group concerned shall consult with each other Agent and the Security Agent in good faith about the instructions to be given by the Instructing Group for a period of up to 10 days (or such shorter period as each other Agent and the Security Agent shall agree) (the “Consultation Period”), and only following the expiry of a Consultation Period, the Instructing Group shall be entitled to give any instructions to the Security Agent to (A) enforce the Transaction Security or (B) take any other Enforcement Action.
Consultation Period. Following the issue of the termination Notice, and subject to the above clauses, the Parties shall consult for a period of 2 (two) months or for such period as the Parties mutually agree to determine the steps that are proposed to be taken to rectify or remedy the cause of the issue of the termination Notice. During the Consultation Period, both Parties shall continue to perform their respective obligations under this Agreement.
Consultation Period. This Agreement shall continue for a period of one (1) year from the Effective Date (the “Consultation Period”), unless sooner terminated in accordance with the provisions of Section 4 or extended by mutual written agreement of the parties.
Consultation Period. From and after the last day of the Employment Term and for a period of five years thereafter (the "Consultation Period"), the Executive shall serve as a consultant to the Company with respect to such business matters and at such times (not more than four days per month and not more than two consecutive days per week) as the Company may reasonably request within Haxxxx Xounty, Texas; provided, however, that if the Consultant does not reside in Haxxxx Xounty, he may perform his consulting duties hereunder at his then place of residence and shall be required to come to Haxxxx Xounty not more than one day in each calendar month. During the Consultation Period, the Company shall pay the Executive (in addition to any other amounts to which he is entitled pursuant to this Agreement) a consulting fee, in substantially equal biweekly installments, at the rate of $139,854 per year increased by an amount determined by multiplying $139,854 by the percentage increase, if any, in the cost of living between January 1, 1995 and the January 1 immediately preceding the date of commencement of the Consultation Period, as reflected by the Consumer Price Index. The amount of the consulting fee shall be increased on each January 1 during the Consultation Period by an amount determined by multiplying the amount of the consulting fee paid in the preceding year by the percentage increase, if any, in the cost of living from the preceding January 1, as reflected by the Consumer Price Index. During the Consultation Period, the Executive shall be reimbursed up to an amount not to exceed $50,000 during each year of the Consultation Period for any expenses incurred by the Executive for (i) the maintenance of an office that shall be located other than at the Company's offices and (ii) secretarial assistance, such expenses to be billed and paid monthly. During the Consultation Period, the Executive shall not be required to undertake any assignment inconsistent with the dignity, importance and scope of his prior positions or with his physical and mental health at the time. It is expressly understood between the parties that during the Consultation Period, the Executive shall be an independent contractor and shall not be subject to the direction, control, or supervision of the Company. The provisions of Sections 5, 6 and 7 hereof shall continue to apply to the Executive during the Consultation Period.
Consultation Period. Subject to the terms and conditions hereinafter set forth, the term of this Agreement shall commence immediately following the termination of Consultant’s employment with the Company and shall continue for six (6) months thereafter unless earlier terminated in accordance with the provisions below (such period, the “Consultation Period”). The Consultation Period shall automatically terminate upon the death, physical incapacitation or mental incompetence of the Consultant. This Agreement may further be terminated prior to the six-month anniversary of the Effective Date in the following manner: (i) by the Company at any time upon written notice if the Consultant has materially breached this Agreement or the Retention Agreement, subject to the notice provision and cure period provided for in Section 3(b); (ii) by the Consultant at any time upon written notice if the Company has materially breached this Agreement or the Retention Agreement, subject to the notice provision and cure period provided for in Section 3(b); (iii) at any time upon the mutual written consent of the parties hereto; (iv) by the Company upon not less than ten (10) days’ notice to the Consultant; or (v) after sixty (60) days following the Effective Date, by the Consultant upon not less than ten (10) days’ notice to the Company.
Consultation Period. Unless terminated at an earlier date in accordance with subsection (d) of this Section 3, the term of the consulting arrangement shall commence at the Effective Time and expire as of February 28, 2000 (the "Consultation Period").
Consultation Period. Upon the submission of a Notice of Dispute pursuant to Section 7.2, the Parties shall attempt to amicably resolve or settle the Dispute between themselves through negotiations between Senior Management of the Company and the Executive. The Parties shall attempt to resolve the Dispute within fifteen (15) business days after the date on which the Notice of Dispute was issued (or such longer period as the Parties may agree to in writing) (the "Consultation Period"). If the Parties agree upon a resolution of the Dispute, such resolution shall be memorialized in a written settlement agreement mutually acceptable to the parties and shall be binding on the Parties.
