Discussion Period Clause Samples

A Discussion Period clause establishes a set timeframe during which the parties must engage in good faith discussions to resolve disputes or disagreements before pursuing formal remedies such as litigation or arbitration. Typically, this clause requires that, upon the occurrence of a dispute, the parties notify each other and attempt to negotiate a resolution within a specified number of days. By mandating a preliminary negotiation phase, the clause aims to encourage amicable settlements and reduce the likelihood of costly and time-consuming legal proceedings.
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Discussion Period. 9.1.1 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. If the RIRs believe that a Failure to Perform pursuant to the requirements of Article 9.2 has occurred, the RIRs and ICANN shall undertake the following steps prior to the RIRs asserting a Failure to Perform under Article 9. 9.1.2 An aggrieved Party must set out the dispute in writing ("Dispute Notice") and deliver it to the other Party, utilizing its reasonable efforts to deliver the 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. If 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, the aggrieved Party shall be deemed to have waived all of its rights under this Agreement relating to such dispute. 9.1.3 Following a Party’s receipt of a Dispute Notice, the Parties shall attempt to reach a mutually agreeable resolution to the dispute through discussions. If the Parties are unable to resolve the dispute within sixty (60) calendar days after the date the Parties first meeting (whether in person or remotely), the dispute shall be brought to mediation pursuant to Article 13.1 below. If the RIRs are the aggrieved Party, the RIRs may assert a Failure to Perform pursuant to Article 9.2 below.
Discussion Period. The Secretary will not invite an employee to volunteer for retrenchment, or advise the employee in writing that the employee is an excess employee, within one month of the Secretary advising the employee and, where they choose, their representatives under clause 7.4, except: a) where the employee requests, in writing, that a lesser period be applied; or b) the Secretary and representatives agree on a lesser period. If a lesser period is applied, then the employee is entitled to payment in lieu of the unexpired part of the one month period on the same basis as detailed at clause 7.6.5.
Discussion Period. In the event any Dispute is not resolved in the ordinary course of business, the Parties agree that, before any Party initiates binding arbitration, the Parties shall first engage in a good faith attempt to resolve the Dispute through an informal dispute resolution process set forth in this Section 1. Any Party may provide written notice of the Dispute to the other Party describing in reasonable detail the nature of the Dispute (a “Dispute Notice”). Upon a Party’s receipt of a Dispute Notice, each Party shall appoint a Representative who shall have the authority to settle the Dispute. The Parties, through their Representatives, will then initiate good faith discussions to attempt to resolve the Dispute within forty-five (45) days of a Party’s receipt of the Dispute Notice. The meeting shall allow for a detailed presentation of each Party’s views on the issues and potential solutions to the Dispute. If possible, the meeting should result in an agreed upon course of action to resolve the Dispute. If an amicable resolution cannot be obtained after the initial meeting, then the matter shall be escalated, with attempted resolution sought between the City Manager and the equivalent OCOG supervisor. In the event the Dispute cannot be resolved through good faith discussions within such forty-five (45) day period, or such further time period agreed to by the Parties, either or both Parties shall have the right to initiate binding arbitration in accordance with Section 2 below. Except as otherwise provided by an order of the arbitrator pursuant to this Exhibit or by order of a court pursuant to Section 23.2.1, both Parties shall continue to perform any obligations under this Agreement during any Dispute, subject to their rights of termination as set forth in Section 25.
Discussion Period. The period during which Confidential Information is disclosed and discussion for the Purpose may take place shall be from the Effective Date until ……………..(“Discussion Period”). This Agreement shall survive the Discussion Period by a further period of 3 years from the date of end of the Discussion Period between the parties.
Discussion Period. At the commencement of the discussion period, affected employees will be advised regarding progress in relation to redeployment and/or substitution options. Discussions will continue to cover specific detail with individual employees and possible options across ANSTO as appropriate. Senior managers or their designated representatives and Human Resources will meet to formally review substitution and redeployment/retraining options. Decisions will be subsequently advised to the affected employees and their chosen representatives by no later than 10 working days from the commencement of the discussion period. Where an employee remains excess, he/she will be formally advised that they are excess and are deemed redundant. This action does not require agreement from the employee. The advice note will ask the employee to nominate a cessation date. This timing is to allow an excess employee to nominate a cessation date towards the end of the discussion period so that the four week consideration period can be fully paid out. Where a substitution or redeployment is subsequently agreed by management in the remaining part of the discussion period, the abovementioned advice will be withdrawn. At the end of the 28 calendar day period, the discussion period will be deemed to have concluded. Where a substitution or redeployment is subsequently agreed by management in the remaining part of the discussion period, the abovementioned advice will be withdrawn. At the end of the 28 calendar day period the discussion period will be deemed to have concluded. Where an employee is redeployed to a role at a lower level, that employee's salary will be maintained at its current level for a minimum period of nine months, with the nine month period commencing at the end of the consultation period. Unions undertake that the maintenance of salary for the purposes of this clause shall not be used as a precedent for salary maintenance in relation to any other circumstance arising out of this Agreement.
Discussion Period. If Lessee timely notifies Lessor of its interest in leasing the Available Space pursuant to Section (C), but does not accept Lessor's Terms, Lessor will consult with Lessee regarding the terms Lessor would consider for the leasing the Available Space, and Lessor shall continue to engage in such discussions with Lessee for a period of at least thirty (30) days, unless Lessee within such period notifies Lessor that it is no longer interested in the Available Space. Lessor will be under no obligation to continue such discussions beyond such period, or to lease the Available Space to Lessee, except on terms acceptable to Lessor in its absolute discretion.
Discussion Period. The Secretary will meet with a potentially excess employee and, where they choose, their representatives, at the earliest practicable time and within one month following a notification under clause 8.4 (the 'discussion period'), to discuss: a) redeployment opportunities for the employee(s) concerned; b) possible referral to a service provider; and c) whether voluntary redundancy might be appropriate.
Discussion Period. 9.1.1 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. If the RIRs believe that a Failure to Perform pursuant to the requirements of Article 9.2 has occurred, the RIRs and ICANN shall undertake the following steps prior to the RIRs asserting a Failure to Perform under Article 9.