Dispute Negotiation. Prior to instituting any litigation or other dispute resolution as provided herein, the Parties will attempt in good faith to resolve any dispute or claim by referring any such matter, within ten (10) days of written notice of any such dispute or claim, to one of their respective executive officers for resolution. The executive officers of the relevant Parties shall attempt to resolve the dispute or claim within thirty (30) days.
Dispute Negotiation. Any and all disputes, claims, and controversies between the Parties concerning the validity, interpretation, performance, termination or breach of this Agreement, that cannot promptly be resolved, shall be submitted within thirty (30) days after such dispute, claim or controversy arises to senior level managers of the Parties, who shall meet with one another in person and use all reasonable efforts to find an amicable resolution of such dispute within thirty (30) days (or such longer period as may be mutually agreed upon) of submission of the matter to them.
Dispute Negotiation. In the event of a controversy, dispute or Action arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity or breach of this Agreement or any other Transaction Document or otherwise arising out of, or in any way related to, this Agreement or any other Transaction Document or the transactions contemplated hereby and thereby, including any Action based on contract, tort, statute or constitution (collectively, “Disputes”), the general counsels of Flex and Nextracker (or such other individuals designated by the respective general counsels) and/or the executive officers designated by Flex and Nextracker shall negotiate for a reasonable period of time to settle such Dispute; provided, that such reasonable period shall not, unless otherwise agreed by the Parties in writing, exceed 30 days from the time of receipt by a Party of written notice of such Dispute (“Dispute Notice”) and settlement of such Dispute pursuant to this Section 9.15 shall be confidential, and no written or oral statements or offers made by the Parties during such settlement negotiations shall be admissible for any purpose in any subsequent proceedings; provided further, the Parties shall not assert the defenses of statute of limitations and laches arising during the period beginning after the date of receipt of the Dispute Notice, and any contractual time period or deadline under this Agreement or any other Transaction Document to which such Dispute relates occurring after the Dispute Notice is received shall not be deemed to have passed until such Dispute has been resolved. Unless otherwise agreed to in writing, the Parties shall, and shall cause the respective Affiliates to, continue to honor all commitments under this Agreement and each other Transaction Document to the extent required by such agreements during the course of dispute resolution pursuant to the provisions of this Section 9.15 unless such commitments are the specific subject of the Dispute at issue.
Dispute Negotiation. (a) Within ten (10) Business Days of service of a Notice of Dispute, an officer of each party to the Dispute must confer at least once to attempt to resolve the Dispute or to agree on methods of resolving the Dispute by other means.
(b) If the Dispute has not been resolved within ten (10) Business Days of service of the Notice of Dispute, it will escalate to the second level (Second Level). The relevant Chief Executive Officers of the parties must confer at least once to attempt to resolve the Dispute or to agree on methods of resolving the Dispute by other means.
(c) If the Dispute has not been resolved within ten (10) Business Days of escalation to the Second Level i.e. 20 Business Days after the Notice of Dispute, the chairperson must meet with the parties at least once to attempt to resolve the Dispute or to agree on methods of resolving the Dispute by other means.
(d) If the Dispute has not been resolved within ten (10) Business Days of escalation to the chairperson i.e. 30 Business Days after the Notice of Dispute, the Mayors of the parties must confer at least once to attempt to resolve the Dispute or to agree on methods of resolving the Dispute by other means.
(e) A party in compliance with this provision may terminate the Dispute resolution process being conducted under this clause 21.3 by notice in writing to the other party at any time after forty (40) Business Days following the Notice of Dispute.
Dispute Negotiation. (a) Within 10 Business Days of service of a Notice of Dispute, the General Managers of each party must confer at least once to attempt to resolve the Dispute or to agree on methods of resolving the Dispute by other means.
(b) If the Dispute has not been resolved or the General Managers have not agreed on a method for resolving the Dispute by other means within 10 Business Days of the service of the Notice of Dispute, it will escalate to the second level (Second Level). For the Second Level, the Mayors of the parties must confer at least once to attempt to resolve the Dispute or to agree on methods of resolving the Dispute by other means.
(c) If within 15 Business Days of commencement of the Second Level, the Dispute has not been resolved by the Mayors or the Mayors have not agreed on a method for resolving the Dispute by other means, a party in compliance with this clause 13 may by written notice to the other party refer the Dispute for expert determination under clause 13.4 (such referral to be made no later than 40 Business Days following the date the Notice of Dispute was issued).
Dispute Negotiation. All disputes and differences which arise out of or in connection with the contract or its con- struction, operation, termination or liquidation will if practicable be settled by means of ne- gotiation between the parties. The parties shall discuss in good faith any dispute or difference between them arising in connection with this Agreement. Docobo will deal promptly and professionally with any complaints concerning the Products provided under this Agreement.
Dispute Negotiation. (a) A Party must not refer a dispute to arbitration or to an independent expert for determination under this agreement unless that party has complied with this clause in respect of that dispute.
(b) A Party claiming that a dispute has arisen must notify all other Participants specifying the details of the dispute.
(c) Each Party must refer a dispute to an authorised officer for consideration and use its best efforts to resolve the dispute through negotiation within 20 Business Days following the dispute notification or such longer period agreed between the Participants.
(d) In the event that the authorised officers of the Parties fail to resolve the dispute within the specified period each Party must refer the dispute to its chief executive officer and must use its best efforts to resolve the dispute by agreement or through an agreed mediation procedure.
(e) A Party in compliance with this provision may terminate the dispute resolution process by notice to all other Parties at any time after 20 Business Days following reference of the dispute to its chief executive officer.
(f) A Party is not required to comply with this clause (or to continue to comply) in relation to any dispute where any other Party has not complied with this clause in relation to that dispute.
Dispute Negotiation. If a claim or other dispute arises out of or relates to this Agreement or its breach, the parties shall within five (5) business days of receipt of written notice of such claim or dispute, endeavor in good faith to settle such claim or other dispute through direct face to face discussions among and between high level representatives of Contractor and Subcontractor with authority to resolve the Claim or dispute (hereinafter referred to as “Direct Discussions”). If the claim or dispute cannot be settled through Direct Discussions, as a condition precedent to Arbitration, the parties shall then proceed to non-binding Mediation, pursuant to the Construction Industry Mediation Rules of the American Arbitration Association, or the Mediation Rules of Judicial Arbitration & Mediation Services (hereinafter ‘JAMS’), then in effect.
Dispute Negotiation. (a) (Arbitration restriction): A party must not refer a dispute to arbitration under this Agreement, unless that party has complied with this provision.
(b) (Dispute notification): A party claiming that a dispute has arisen must notify the other party specifying details of the dispute.
(c) (Negotiation): Each party must refer a dispute to an Authorised Officer for consideration and use its best efforts to resolve the dispute through negotiation within 5 Business Days following the dispute notification or longer period agreed between the parties.
(d) (Referral): Each party must refer the dispute to its chief executive officer, in the event that the Authorised Officers of the parties fail to resolve the dispute within the specified period.
(e) (Mediation): Each party must following reference to its chief executive officer use its best efforts to resolve the dispute by agreement or through an agreed mediation procedure.
(f) (Process termination): A party in compliance with this provision may terminate the dispute resolution process by notice to the other party at any time after 5 Business Days following reference of the dispute to its chief executive officer.
(g) (Restriction release): A party is not required to comply with this provision in relation to any dispute where the other party is in default under this provision in relation to that dispute.
Dispute Negotiation. (a) A Party must not commence legal proceedings in relation to a dispute or refer a dispute to arbitration under this Agreement, unless that Party has complied with this clause 14.
(b) A Party claiming that a dispute has arisen must notify the other Party specifying details of the dispute.
(c) Each Party must refer a dispute to an authorised officer of that Party for consideration and use its best efforts to resolve the dispute through negotiation within seven (7) Business Days following the dispute notification or longer period agreed between the Parties.
(d) Each Party must refer the dispute to its chief executive officer, in the event that the authorised officers of the Parties fail to resolve the dispute within the specified period.
(e) Each Party must following reference to its chief executive officer use its best efforts to resolve the dispute by agreement or through an agreed mediation procedure.
(f) A Party in compliance with this clause 14.2 may terminate the dispute resolution process by notice to the other Party at any time after seven (7) Business Days following reference of the dispute to its chief executive officer.
(g) A Party is not required to comply with this clause 14.2 in relation to any dispute where the other Party is in breach of or default under this clause 14.2 in relation to that dispute.
