Dispute Resolution and Escalation. (a) In the event that any dispute, claim or controversy (collectively, a "DISPUTE") arises out of or relates to any provision of this Supply Agreement or the breach, performance or validity of invalidity thereof, an appropriate authorized manager of Buyer and an appropriate authorized manager of Supplier shall attempt a good faith resolution of such Dispute within thirty (30) days after either Party notifies the other Party of such Dispute. If such Dispute is not resolved within thirty (30) days of such notification, such Dispute will be referred for resolution to Supplier's President and Buyer's Chief Executive Office. Should they be unable to resolve such Dispute within thirty (30) days following such referral to them, or within such other time as they may agree, Supplier and Buyer shall submit such Dispute to binding arbitration, initiated and conducted in accordance with the then-existing American Arbitration Association Commercial Arbitration Rules, before a single arbitrator selected jointly by Supplier and Buyer. If Supplier and Buyer cannot agree upon the identity of an arbitrator within ten (10) days after the arbitration process is initiated, then the arbitration shall be conducted before three (3) arbitrators, one (1) selected by Buyer and, one (1) selected by Supplier, and the third selected by the first two. The arbitration shall be conducted in the County of Orange, California and shall be governed by the United States Arbitration Act, 9 USC Sections 116, and judgment upon the award may be entered by any court having jurisdiction thereof. The arbitrator(s) shall have case management authority and shall resolve the Dispute in a final award within one hundred eighty (180) days from the commencement of the arbitration action, subject to any extension of time thereof allowed by the arbitrators upon good cause shown. There shall be no appeal from the arbitral award, except for fraud committed by an arbitrator in carrying out his or her duties under the aforesaid rules; otherwise the Parties irrevocably waive their rights to judicial review of any Dispute arising out of or related to this Supply Agreement. Notwithstanding the foregoing, either Party may pursue immediate equitable relief in the event of a breach of Section 9 or an alleged violation or misappropriation of the intellectual property rights of either Party.
Dispute Resolution and Escalation. If either party has any issues, concerns or complaints about the Project, or any matter in this MoU, that party shall notify the other party and the parties shall then seek to resolve the issue by a process of consultation. If either party receives any formal inquiry, complaint, claim or threat of action from a third party (including, but not limited to, claims made by a supplier or requests for information made under the Freedom of Information Act 2000) in relation to the Project, the matter shall be promptly referred to the relevant nominated representative. No action shall be taken in response to any such inquiry, complaint, claim or action, to the extent that such response would adversely affect the Project, without the prior approval of the relevant nominated representative.
Dispute Resolution and Escalation. The Parties recognize that a dispute may arise relating to this Supply Agreement. In the event of such a dispute, the authorized officers from each Party will negotiate [***] to settle any such dispute within [***]. If such officers are unable to resolve the dispute, then either Party may commence legal proceedings in accordance with Section 11.5 below.
Dispute Resolution and Escalation. The Parties agree to undertake reasonable efforts to resolve in good faith any dispute arising out of or relating to this Agreement. Should such a dispute arise, the Parties shall proceed with the following dispute resolution and escalation procedures:
Dispute Resolution and Escalation. The Eurosystem and the Contracting CSD shall attempt to resolve disputes involving: (a) the Eurosystem and the Contacting CSD, or, as the case may be, (b) the Eurosystem, the Contracting CSD and one or more Participating CSDs, and which arise out of or relate to this Agreement, any Parallel Framework Agreements or the provision or use of the T2S Services, in a constructive manner that reflects their respective concerns and legitimate in- terests. The first attempt to resolve a dispute shall be, as soon as the circumstances allow, through negotiations between the Eurosystem, the Contracting CSD and, as the case may be, the involved Participating CSDs.
Dispute Resolution and Escalation. 1. The Eurosystem and the Contracting CSD shall attempt to resolve disputes involving: (a) the Eurosystem and the Contacting CSD, or, as the case may be, (b) the Eurosystem, the Contracting CSD and one or more Participating CSDs, and which arise out of or relate to this Agreement, any Parallel Framework Agreements or the provision or use of the T2S Services, in a constructive manner that reflects their respective concerns and legitimate in- terests. The first attempt to resolve a dispute shall be, as soon as the circumstances allow, through negotiations between the Eurosystem, the Contracting CSD and, as the case may be, the involved Participating CSDs.
2. If the attempt to resolve a dispute through negotiations is unsuccessful, the Eurosystem, the Contracting CSD or any Participating CSD involved in the dispute may escalate the matter to the CSG. The CSG shall attempt to resolve the dispute and find a mutually agreeable solution within 60 calendar days from the date of the first meeting of the CSG in which the dispute was discussed. The CSG may establish a Resolution Task Force, group- ing representatives of the Eurosystem and of the CSDs involved, selected with the view to ensuring balanced representation of the whole CSG.
3. If no mutually agreeable solution can be reached by the CSG, the issue may be escalated to the T2S Board. Any party to the dispute may address the T2S Board with submissions in writing. The T2S Board shall deliver its proposal for the resolution of the matter within 60 calendar days after the dispute has been submitted to the T2S Board in writing to the par- ties involved.
4. If the parties involved in the dispute do not agree to the resolution proposal made by the T2S Board, they shall notify the T2S Board within 60 calendar days and the T2S Board Chairperson shall without delay inform the Governing Council of this outcome. The T2S Board Chairperson shall make a reasoned proposal of the resolution options to the Govern- ing Council, documenting the status of the dispute and the positions of the Eurosystem, the Contracting CSD and, if applicable, the Participating CSDs. Any party to the dispute may address the Governing Council with submissions in writing. As a result of its review, the Governing Council shall decide on the resolution of the dispute within a reasonable time.
5. At any point of the procedure described in paragraphs 1 to 4, advice on the disputed issues from the Advisory Group and the NECSG may be requested by the T2S...
Dispute Resolution and Escalation. (a) Except as otherwise provided in this Agreement, the Parties shall resolve any Dispute under the provisions of Section 8.2(b) through Section 8.2(f) (the “Escalation Process”). The Escalation Process shall be the exclusive mechanism for resolving any Dispute that may arise from time to time and is an express condition precedent to binding arbitration of the Dispute.
(b) A Party shall send written notice to the other Party of any Dispute (“Dispute Notice”). The Parties shall first attempt in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and consultation between themselves. In the event that such Dispute is not resolved within thirty (30) Business Days after one Party delivers the Dispute Notice to the other Party, whether the negotiation sessions take place or not, either Party may, by written notice to the other Party (“Escalation to Executive Notice”), refer such Dispute to the Chief Executive Officer (or their nominated representative) of each Party (“Executive(s)”).
(c) If the Executives cannot resolve the Dispute during the time period ending thirty (30) Business Days after the date of the Escalation to Executive Notice (the last day of such time period, the “Escalation to Mediation Date”), either Party may propose pursuing mediation under Section 8.2(d).
(d) Subject to Section 8.2(c), the Parties may, at any time after the Escalation to Mediation Date, submit the Dispute to any mutually agreed-upon neutral mediator. The Parties shall cooperate with one another in seeking to agree on a mediator, but if they are unable to agree on a mediator within ten (10) Business Days, then they shall have a mediator appointed by the International Chamber of Commerce. Upon the appointment of a mediator, the Parties shall simultaneously submit a position paper to the mediator and each other in accordance with and subject to any directions given by the mediator. The Parties shall cooperate with each other, and the mediator, in scheduling and participating in the remainder of the mediation proceedings. The Parties covenant that they shall use commercially reasonable efforts in participating in the mediation on an expedited basis. The Parties agree that the mediator’s fees and expenses and the costs incidental to the mediation shall be shared equally between the Parties, and each Party shall bear the fees and expenses of its own advisors.
(e) The Parties further agree that all offers, promises, conduct, and statements, whether oral o...
Dispute Resolution and Escalation. 1 The Eurosystem and the Contracting CSD shall attempt to resolve disputes involv- ing: (a) the Eurosystem and the Contracting CSD, or, as the case may be, (b) the Eurosystem, the Contracting CSD and one or more Participating CSDs, and which arise out of or relate to this Agreement, any Parallel T2S Framework Agreements or the provision or use of the T2S Services, in a constructive manner that reflects their respective concerns and legitimate interests. The first attempt to resolve a dis- pute shall be, as soon as the circumstances allow, through negotiations between the Eurosystem, the Contracting CSD and, as the case may be, the involved Partic- ipating CSDs. 2 If the attempt to resolve a dispute through negotiations is unsuccessful, the Eurosys- tem, the Contracting CSD or any Participating CSD involved in the dispute may es- calate the matter to the T2S CSG. The T2S CSG shall attempt to resolve the dispute and find a mutually agreeable solution within 60 calendar days from the date of the first meeting of the T2S CSG in which the dispute was discussed. The T2S CSG may establish a Resolution Task Force, grouping representatives of the Eurosystem and of the CSDs involved, selected with the view to ensuring balanced representa- tion of the whole T2S CSG.
Dispute Resolution and Escalation. Neither SBC nor QWEST shall offset or "net" any amounts due hereunder against any other amount owed by SBC or QWEST to each other.
Dispute Resolution and Escalation. Neither Ameritech nor GTE shall offset or “net” any amounts due hereunder against any other amount owed by Ameritech or GTE to each other.
