Common use of Dispute Resolution by the Services Operating Committee Clause in Contracts

Dispute Resolution by the Services Operating Committee. (i) If a Dispute arises, neither Party may take any formal legal action (such as seeking to terminate this Agreement, seeking mediation in accordance with Section 9.15(c), or instituting or seeking any judicial or other legal action, relief, or remedy with respect to or arising out of this Agreement) unless the Party has first (i) delivered a notice of dispute (the “Dispute Notice”) to all of the members of the Services Operating Committee and (ii) complied with the terms of this Section 9.15(b). At the first monthly meeting of the Services Operating Committee following the delivery of the Dispute Notice (the “Dispute Meeting”) the Operating Committee will attempt to resolve all of the Disputes that are the subject the Dispute Notice. Each Party will cause its members on the Services Operating Committee to negotiate in good faith to resolve all Disputes in a timely manner. If by the 10th day following the Dispute Meeting the Services Operating Committee has not resolved all of the Disputes (the “Resolution Failure Date”) the parties will proceed to mediate the unresolved Disputes (“Unresolved Disputes”) in accordance with Section 9.15(c).

Appears in 2 contracts

Samples: Employee Transition and Administrative Services Agreement (Sears Hometown & Outlet Stores, Inc.), Employee Transition and Administrative Services Agreement (Sears Hometown & Outlet Stores, Inc.)

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Dispute Resolution by the Services Operating Committee. (i) If a Dispute arises, neither Party may take any formal legal action (such as seeking to terminate this Agreement, seeking mediation in accordance with Section 9.15(c8.15(d), or instituting or seeking any judicial or other legal action, relief, or remedy with respect to or arising out of this Agreement) unless the Party has first (i) delivered a notice of dispute (the “Dispute Notice”) to all of the members of the Services Operating Committee and (ii) complied with the terms of this Section 9.15(b8.15(c). At the first monthly meeting of the Services Operating Committee following the delivery of the Dispute Notice (the “Dispute Meeting”) the Operating Committee will attempt to resolve all of the Disputes that are the subject the Dispute Notice. Each Party will cause its members on the Services Operating Committee to negotiate in good faith to resolve all Disputes in a timely manner. If by the 10th day following the Dispute Meeting the Services Operating Committee has not resolved all of the Disputes (the “Resolution Failure Date”) the parties Parties will proceed to mediate the unresolved Disputes (“Unresolved Disputes”) in accordance with Section 9.15(c8.15(d).

Appears in 1 contract

Samples: Employee Transition and Administrative Services Agreement (Sears Hometown & Outlet Stores, Inc.)

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Dispute Resolution by the Services Operating Committee. (i) If a Dispute arises, neither Party may take any formal legal action (such as seeking to terminate this Agreement, seeking mediation in accordance with Section 9.15(c6.16(c), or instituting or seeking any judicial or other legal action, relief, or remedy with respect to or arising out of this Agreement) unless the Party has first (i) delivered a notice of dispute (the “Dispute Notice”) to all of the members of the Services Operating Committee and (ii) complied with the terms of this Section 9.15(b)6.16. At the first monthly meeting of the Services Operating Committee following the delivery of the Dispute Notice (the “Dispute Meeting”) the Operating Committee will attempt to resolve all of the Disputes that are the subject the Dispute Notice. Each Party will cause its members on the Services Operating Committee to negotiate in good faith Good Faith to resolve all Disputes in a timely manner. If by the 10th 30th day following the Dispute Meeting the Services Operating Committee has not resolved all of the Disputes (the “Resolution Failure Date”) the parties Parties will proceed to mediate the unresolved Disputes (“Unresolved Disputes”) in accordance with Section 9.15(c6.16(c).

Appears in 1 contract

Samples: Services Agreement (Sears Hometown & Outlet Stores, Inc.)

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