Direct Dispute Resolution Clause Samples
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Direct Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, ("Dispute"), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled "Initial Notice of Dispute," specifically setting forth the precise nature of the dispute ("Initial Notice of Dispute"). If an Initial Notice of Dispute is being sent to MaestroQA it must be emailed to ▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇ and sent via mail to: MaestroQA ▇▇ ▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Following receipt of the Initial Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the Dispute that is satisfactory to both parties ("Direct Dispute Resolution"). If the parties are unable to reach a resolution of the Dispute through Direct Dispute Resolution within thirty (30) days of the receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be resolved by arbitration as set forth below.
Direct Dispute Resolution. The parties hope there will be no disputes arising out of their business relationship. However, if a claim of breach, nonperformance, nonpayment or repudiation should arise related to or connected with this Agreement, purchase orders attached hereunder or issued seperately or any transactions between the Parties under this Agreement (a "Dispute") then the parties agree to attempt to informally resolve the Dispute by Direct Negotiation before initiating any claim related to such Dispute to arbitration or in a court of competent jurisdiction. Direct Negotiation, as used herein, shall mean a meeting (held either by telephone or in-person) between senior business principals designated by each party who have full authority to address and resolve the Dispute. Direct Negotiation is prerequisite to arbitration or litigation involving all Disputes between the Parties except that either Party may proceed directly to a court of law or equity to (1) seek emergency injunctive relief; (2) or remedy any safety concerns. To initiate Direct Negotiation, the complaining Party shall make a written demand on the other by certified mail to the primary address of record and identify therein the nature of Dispute and all issues which, in the opinion of the complaining Party, need to be resolved to restore the business relationship. The Direct Negotiation shall take place during the thirty (30) days following the date of receipt of the demand, at a time and place agreed to by the business principals, and each party agrees to negotiate in good faith in an attempt to resolve the Dispute. The Parties agree to exchange relevant information and cooperate in good faith to resolve the Dispute under this provision and to that end, the non-complaining party shall issue a statement which addresses the complaining party's identified Dispute and/or raises additional issues for resolution prior to the Direct negotiation. If the Dispute remains unresolved following Direct Negotiation or if the Direct Negotiation is not completed within the specified 30-day time period, then the aggrieved Parties may file suit if they choose to further pursue the Dispute.
Direct Dispute Resolution. 11 12. MISCELLANEOUS...................................................11 LICENSE AGREEMENT THIS LICENSE AGREEMENT (the "Agreement") is made as of the 12th day of July, 2000 (the "Effective Date"), by and between GENERAL NUTRITION CORPORATION, a Delaware corporation ("GNC"), having a principal place of business at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, and SHAMAN PHARMACEUTICALS, INC., a Delaware corporation ("Shaman"), having a principal place of business at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. GNC and Shaman are sometimes referred to herein individually as a "Party" and collectively as the "Parties."