Dispute Escalation Procedure.
17.1. Where, at any point during the term of this Agreement, any matter relating to this Agreement cannot be agreed by the parties, it shall be escalated as follows:
17.1.1. The matter shall be referred as soon as practicable to the Nominated Representatives for resolution;
17.1.2. if the matter has not been resolved within six (6) Business Days of being referred to the Nominated Representatives, or if the Nominated Representatives determine it is incapable of being resolved at that level, then the matter shall be immediately referred to the Customer’s escalation point in Schedule 5;
17.1.3. if the matter has not been resolved within six (6) Business Days of being referred to the Customer’s escalation point in Schedule 5, then the parties must promptly refer the matter for resolution in accordance with the provisions of Clause 18.
17.2. Any joint decision as to a resolution at any stage in the above process shall be recorded in writing and signed on behalf of each party by the respective representatives, and shall be final and binding on the parties. The parties shall keep a record of all such resolutions.
Dispute Escalation Procedure. 25.1 Any disputes, controversies or claims arising out of this Agreement entered into under its terms shall first be referred to the Parties’ respective representatives. The representatives will review the nature of the dispute together within 30 days of the dispute arising and if they cannot reach agreement on the dispute within such 30 day period, the matter shall be referred to the chief executive officer or managing director of that part of the relevant Party’s business which is responsible for performing the obligations of that Party under this Agreement. If the chief executive officers or managing directors are themselves unable to resolve the matter within 30 days of the first request to do so the Parties shall be free to pursue the matter in accordance with clause 25.2.
25.2 If a Dispute arises and is not resolved in accordance with clause 25, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR. To initiate the mediation a Party must give notice in writing (ADR notice) to the other Party to the dispute, requesting mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of the ADR notice.
25.3 The commencement of mediation shall not prevent the Parties commencing or continuing court proceedings or referring the Dispute to OFCOM in accordance with any right (if any) either Party may have to request a determination or other steps for its resolution.
Dispute Escalation Procedure. 26.1 If there is a dispute in relation to the supply of Services, Equipment or Services Equipment supplied under this Agreement CommsFM will work in good faith with the Customer to resolve it. If the dispute is not resolved to each Parties reasonable satisfaction, details of the CommsFM complaint handling process including the availability of its independent dispute resolution service are set out in our code of practice which can be found at xxx.xxxxxxx.xxx or by contacting the Help Desk, who will send out a copy of the code of practice.
26.2 The commencement of a dispute or mediation shall not prevent the Parties commencing or continuing court proceedings or referring the dispute to OFCOM in accordance with any right (if any) either Party may have to request a determination or other steps for its resolution.
Dispute Escalation Procedure. 21.1 If a dispute or difference shall arise between the Parties concerning this Agreement or any of their respective obligations under this Agreement either Party may refer the dispute or difference in writing for settlement to: In the case of the Network Operator: - Head of Network Management In the case of the DFO: - Managing Director (or, if they are not available, their appointed deputies). The Parties shall ensure that these representatives consider the dispute as soon as practicable.
21.2 If the persons appointed in Clause 21 are unable to resolve the dispute or difference within 20 Working Days of the referral, either Party may refer the dispute in writing for settlement to: In the case of the Network Operator: - Network Director In the case of the DFO: - Managing Director (or, if they are not available, their appointed deputies). The Parties shall ensure that these representatives consider the dispute as soon as practicable.
21.3 If the persons appointed in Clause 21.1 are also unable to resolve the dispute or difference within 20 Working Days from referral to them the Parties shall have no further obligation to follow this resolution procedure. Each Party shall notify the other Party immediately in writing of any changes to the above representatives from time to time.
21.4 Where the procedure set out in Clauses 21 to 21.3 does not resolve such dispute or difference:
21.4.1 It shall then be referred for final settlement to an expert nominated jointly by the Parties or, failing such nomination within 15 Working Days after a Party’s request to the other for such nomination, nominated at the request of a Party by the President from time to time of the Institute of Gas Engineers and Managers (or any successor body to such organisation should it cease to exist);
21.4.2 the expert shall act as an expert and not as an arbitrator;
21.4.3 each Party will co-operate in these proceedings and comply with all requests or requirements of the expert for information, representations, or evidence (whether written or oral) within such time limits as the expert may decide and shall use their reasonable endeavours to ensure that the expert comes to a decision as soon as is reasonably practicable; and
21.4.4 the expert’s decision shall (in the absence of clerical or manifest error) be final and binding on the Parties and his fees shall be borne by the Parties as the expert directs (and if one Party pays more than the share of such fees allocated to it, it shall be enti...
Dispute Escalation Procedure. If any Dispute arises, the matter shall be referred to the CEO of Tryg and the CEO of Intact for joint resolution. If the CEOs are unable to successfully resolve the Dispute to each Party's satisfaction within twenty (20) Business Days of both CEOs having been notified of the Dispute, the Parties shall, in good faith, consider whether to enter into a formal mediation process in respect of the Dispute. For the avoidance of doubt, neither Party shall be obliged to enter into such a formal mediation process.
Dispute Escalation Procedure. 20.1 Except for collection actions for payment of charges, if any dispute arises in connection with this Agreement, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure (“The Mediation Procedure”). Unless otherwise agreed by the parties, the mediator will be nominated by CEDR.
20.2 In the event of non-payment of due invoices, smartimpact may, within fourteen (14) days of smartimpact sending written notice to The Customer of such non-payment, cease providing Services under any duly executed Service Order. In the event that such suspension and related discussions do not, within a further seven (7) days, lead to a mutually agreeable resolution, smartimpact shall have the right to immediately terminate this Agreement and/or any Service Order(s) and to immediately be paid by The Customer for all Services performed and/or products delivered prior to and up to the date of such termination.
20.3 Notwithstanding anything to the contrary in this Agreement, either party shall be entitled at any time to seek injunctive relief or other urgent relief in any court in any jurisdiction in connection with this Agreement.
Dispute Escalation Procedure. 21.1 All disputes between the Parties arising out of or relating to this Agreement which cannot be amicably settled between the Parties' Alliance Managers shall be referred, by either Party, to their respective Finance Directors or their nominated representatives for resolution.
21.2 If any dispute cannot be resolved by the Parties' respective Finance Directors or their nominated representatives within a maximum of fifteen (15) Calendar days after it has been referred under Clause 21.1 that dispute shall be referred to the Parties' Managing Directors for resolution.
21.3 If the dispute cannot be resolved by the Parties' representatives nominated under Clause 21.1 within a maximum of fifteen (15) Calendar days after it has been referred under Clause 21.2 the dispute may be referred by either Party in accordance with the provisions of Clause 22.
Dispute Escalation Procedure. If any Dispute arises, the matter shall be referred to Xxxxxxx Xxxxxxx of APG (or such other person as may be nominated by Scape Living from time to time) and the CEO of iQ for joint resolution. If these representatives are unable to successfully resolve the Dispute to each Party’s satisfaction within twenty (20) Business Days of both representatives having been notified of the Dispute, the Parties shall, in good faith, consider whether to enter into a formal mediation process in respect of the Dispute. For the avoidance of doubt, neither Party shall be obliged to enter into such a formal mediation process.
Dispute Escalation Procedure. In the event a dispute arises between the Parties with respect to the subject matter of this Agreement, both Parties agree to attempt to resolve the dispute through the Project Managers in the ordinary course of business. However, either Party may by written notice commence this escalation procedure at any time should the Party feel the dispute cannot be resolved in the ordinary course. Within five (5) days after receipt, the Parties' first level contacts, Xxxx X. XxXxxxxx for NEC and Xxxxx Xxxxxx, for Active Voice, will confer. If they are unable to resolve the matter, the Parties' second level contacts, Xxx Xxxxxx for NEC and Xxxxx Xxxxx, for Active Voice, will confer within ten (10) days after receipt of the initial notice. If the matter has not been resolved within twenty (20) days after receipt of the initial notice, then the Parties may commence arbitration as set forth below.
Dispute Escalation Procedure. Prior to the filing of any suit with respect to a Dispute (other than a suit seeking injunctive relief with respect to Intellectual Property Rights), the Party believing itself aggrieved (the “Invoking Party”) will call for progressive management involvement in the Dispute negotiation by giving written notice to the other Party. Such a notice will be without prejudice to the Invoking Party’s right to any other remedy at law, in equity or as permitted by this Agreement. USAA FSB and Supplier will use best efforts to arrange personal meetings and/or telephone conferences as needed, at mutually convenient times and places, between their negotiators at the following successive management levels, each of which will have a period of allotted time as specified below in which to attempt to resolve the Dispute: First Level Senior Vice President of Partner Development, USAA Sourcing & Procurement Manager or Director 5 Business Days Second Level Executive Vice President of Partner & OEM Development Executive Director or AVP Contracting 5 Business Days Third Level Chief Financial Officer Senior Procurement Officer 5 Business Days
