Dispute Escalation and Resolution. Except as otherwise provided herein, any dispute, controversy or claim (individually and collectively, a “Dispute”) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section 28.3.
28.3.1 In the event of a Dispute between the Parties relating to this Agreement and upon the written request of either Party, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one Party to the other Party shall be honored. The Parties shall attempt in good faith to address any default or resolve any Dispute by applying the appropriate rules, guidelines or regulations of the Commission. If the Parties are unable to resolve issues related to a Dispute within thirty (30) days after the Parties' appointment of designated representatives as set forth above, or if a Party fails to appoint a designated representative within said thirty (30) days, a Party or the other Party, as appropriate, may pursue all available remedies in the event there is no satisfactory resolution pursuant to this Section 28.3.1.
28.3.2 The Parties agree that any Dispute arising out of or relating to this Agreement that the Parties themselves cannot resolve as set forth in Section 28.3.1, may be submitted to the Commission for resolution by complaint case. The Parties agree to seek expedited resolution by the Commission, and, unless otherwise agreed, shall seek such resolution no later than sixty (60) days from the date of submission of such dispute to the Parties’ designated representatives. If the Commission appoints an expert(s) or other facilitator(s) to assist in its decision making, each party shall pay half of all fees and expenses so incurred. During the Commission proceeding, each Party shall continue to perform its obligations under this Agreement, unless otherwise ordered by the Commission. A Party may pursue any available remedies in the event there is no satisfactory resolution pursuant to this Section 28.3.2.
28.3.3 In no event ...
Dispute Escalation and Resolution. Except as otherwise provided herein, any dispute, controversy or claim (individually and collectively, a “Dispute”) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section 27.4. In the event of a Dispute between the Parties relating to this Agreement and upon the written request of either Party, each of the Parties shall appoint within five (5) Business Days after a Party’s receipt of such request a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives, however, all reasonable requests for relevant information made by one Party to the other Party shall be honored. If the Parties are unable to resolve issues related to a Dispute within thirty (30) days after the Parties’ appointment of designated representatives as set forth above, either Party may seek any relief it is entitled to under Applicable Law. Notwithstanding the foregoing, in no event shall the Parties permit the pending of a Dispute to disrupt service to any Requesting Carrier Customer or Ameritech Customer.
Dispute Escalation and Resolution. Except as otherwise provided herein, any dispute, controversy or claim (individually and collectively, a “Dispute”) arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section 15.0. In the event of a Dispute between the Parties relating to this Agreement and upon the written request of either Party, each of the Parties shall within five (5) days from the written request appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one Party to the other Party shall be honored. If the Parties are unable to resolve issues related to a Dispute within thirty (30) days after the Parties’ appointment of designated representatives as set forth above, a Party may (i) bring an action in an appropriate Federal district court, (ii) file a complaint with the FCC pursuant to Xxxxxxx 000 xx 000 xx xxx Xxx, (xxx) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with the rules, guidelines and regulations of the Commission or (v) seek other relief under applicable law.
Dispute Escalation and Resolution. Anything to the contrary in this Agreement notwithstanding, the Parties shall continue to comply with all obligations set forth in this Agreement during the pendency of any negotiations or dispute resolution pursuant to this Section 23.
Dispute Escalation and Resolution. 26.1 Prior to commencing formal legal proceedings (other than where injunctive relief is appropriate), the parties shall refer by notice in writing any dispute between the parties arising out of or relating to this Agreement to their respective contract managers for resolution. The contract managers shall negotiate in good faith to attempt to resolve such disputes. Where a party to this Agreement seeks but fails to secure injunctive relief this will not be considered to be a breach of this Clause 26.1.
26.2 If any dispute cannot be resolved by the contract managers within 21 days (or such other time as agreed in writing between the parties) after it has been referred to them, the dispute shall be referred to the current Country Manager of Galileo and a suitable individual nominated by the Subscriber (which in the case of the Subscriber being a company, shall be a director of the Subscriber), who shall negotiate in good faith to resolve such disputes within a further 21 days or such time as agreed in writing between the parties.
26.3 Should the respective directors be unable to resolve any dispute in accordance with Clause 26.2 the parties shall then proceed to mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If the parties have not settled the dispute by mediation within 42 days of the execution by the parties of a mediation agreement (save where agreed in writing between the parties) then Clause 27 shall apply in respect of that dispute.
26.4 For the avoidance of doubt, use of this dispute resolution procedure will not constitute a waiver of any right of either party to issue proceedings or make any claim in respect of this Agreement where the parties have been unable to resolve this dispute by the procedures set out in this Clause 26.
26.5 Unless concluded with a written legally binding agreement, all negotiations (including any correspondence, discussions, exchanges or offers) connected with any procedures set out in this Clause 26 shall be confidential (save that the parties may disclose the same to their respective legal advisors and any mediator) and neither party shall be entitled to disclose information regarding the conduct of such procedures or negotiations in any future proceedings.
Dispute Escalation and Resolution. B.27.1 The Parties will attempt in good faith to resolve any Dispute arising out of or in relation to this Agreement initially through the regular programme governance process.
B.27.2 The Dispute Escalation and Resolution procedure can be initiated if either Party believes a Dispute exists or is likely to exist. A template has been provided in Annex A to support this process.
B.27.3 Any Dispute which has occurred or, in the opinion of either Party, is likely to occur must be confirmed to the other Party in writing (“Dispute Notification”). The Dispute Notification must include: Date of Dispute Cause of Dispute Categorisation of Dispute: o Internal (between programme stakeholders) or o External (across the supply chain and/or with other third parties) Interpretation of events leading to the Dispute Where possible, documented evidence of events leading to the cause of the Dispute Expected outcome of the Dispute if not resolved Outline proposal for resolution of the Dispute B.27.4 If the Dispute cannot be settled amicably as defined in Clause B.26.1 within seven (7) days from the date on which either Party has served a Dispute Notification on the other then the remaining provisions of this Clause B.26 shall apply.
Dispute Escalation and Resolution. Except as otherwise provided herein, any dispute, controversy or claim (individually and collectively, a "Dispute") arising under this Agreement shall be resolved in accordance with the procedures set forth in this Section 28.
Dispute Escalation and Resolution. 21.1. In the event that any disagreement or difference of opinion arises out of this Agreement and/ or in relation to a Statement of Work the matter shall be disposed of as follows:
21.1.1. the Party raising the disputed issue shall provide the other Party with a brief written summary of the issue in dispute;
21.1.2. Forfusion's Service Manager (or equivalent) and the Customer's Service Manager (or equivalent) shall meet to seek resolution. In the event they do not meet within ten (10) Business Days of the first discussion of the matter in dispute or should they not be able to resolve the matter within ten (10) Business Days of first meeting, then clause 21.1.3 shall apply;
21.1.3. the dispute shall be promptly referred by either Party to the next level of management for each of the Parties; and
21.1.4. if within 10 Business Days of the matter having been escalated in accordance with clause
Dispute Escalation and Resolution. Any dispute which may arise concerning the construction, meaning or effect of the Framework Agreement or any Service Agreement or any matter arising out of or in connection with the Framework Agreement or any Service Agreement shall:
Dispute Escalation and Resolution. Except as otherwise provided herein, any dispute, controversy or claim (individually and collectively, a "DISPUTE") arising under this Agreement shall be resolved in accordance with the procedures set forth in this SECTION 28.
