Common use of Dispute Escalation and Resolution Clause in Contracts

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 16.3. 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. 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 Section 207, 208 or any other applicable section of the Act, (iii) 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. During any bona fide dispute, each Party shall continue to perform its obligations under this Agreement. As long as a Party is complying with all of its obligations under this Agreement, including its obligation to escrow disputed amounts, then, with the exception Section 9.5, neither Party shall terminate service during any bona fide dispute escalation and resolution without authorization from the FCC, the Commission or a Court.

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 16.328.3. 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. 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 the Parties shall attempt in an appropriate Federal district court, (ii) file a complaint with the FCC pursuant good faith to Section 207, 208 address any default or resolve any other applicable section of the Act, (iii) seek a declaratory ruling from the FCC, (iv) file a complaint in accordance with Dispute according to the rules, guidelines and or regulations of the Commission or (v) seek other relief under applicable law. During any bona fide disputeCommission; provided, each Party shall continue to perform its obligations under this Agreement. As long as however, a Party may pursue all available remedies in the event there is complying with all no satisfactory resolution pursuant to this Section 28.3. Notwithstanding the foregoing, in no event shall the Parties permit the pending of its obligations under this Agreement, including its obligation a Dispute to escrow disputed amounts, then, with the exception Section 9.5, neither Party shall terminate disrupt service during to any bona fide dispute escalation and resolution without authorization from the FCC, the Commission 21st Century Customer or a CourtAmeritech Customer.