Common use of Dispute Escalation Procedure Clause in Contracts

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.

Appears in 2 contracts

Samples: Definitions and Interpretation, Definitions and Interpretation Agreement

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Dispute Escalation Procedure. 25.1 20.1 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 25.220.2. 25.2 20.2 If a Dispute arises and is not resolved in accordance with clause 25, 20 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, 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 20.3 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.proceedings

Appears in 1 contract

Samples: Definitions and Interpretation

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Dispute Escalation Procedure. 25.1 26.1 Any disputes, controversies or claims arising out of this Agreement entered into under its terms shall first be referred to the Parties’ respective representativesRepresentatives. The representatives Representatives will review the nature of the dispute together within 30 thirty (30) days of the dispute arising and if they cannot reach agreement on the dispute within such 30 thirty (30) day period, the matter shall be referred to the chief executive officer Chief Executive Officer or managing director 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 Chief Executive Officers or managing directors Managing Directors are themselves unable to resolve the matter within 30 days of the first request so to do so the Parties shall be free to pursue the matter in accordance with clause 25.2Clause 26.2. 25.2 26.2 If a Dispute arises and is not resolved in accordance with clause 25, Clause 26 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 Partiesparties, 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, 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 26.3 The commencement of mediation shall not prevent the Parties 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.

Appears in 1 contract

Samples: Leased Line Services Terms and Conditions

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