DISPUTE RESOLUTION - GENERAL. It is the intent of the Parties to use reasonable best efforts to resolve expeditiously any dispute, controversy or claim between or among them with respect to the matters covered hereby that may arise from time to time on a mutually acceptable negotiated basis. In furtherance of the foregoing, a Party involved in a dispute, controversy or claim must deliver an Escalation Notice to the other Party demanding an in-person meeting involving representatives of the Parties at a senior level of management (or if the Parties agree, of the appropriate strategic business unit or division within such entity). A copy of any such Escalation Notice shall be given to the Relationship Executive, or like officer or official, of the Party involved in the dispute, controversy or claim (which copy shall state that it is an Escalation Notice pursuant to this Agreement). In response to the Escalation Notice, the Relationship Executives shall set an agenda, location and, if necessary, procedures, to discuss, negotiate and resolve the matter(s) set forth in the Escalation Notice. The Parties shall use reasonable best efforts to meet no later than thirty (30) days following receipt of the Escalation Notice delivered pursuant to Section 20.6 of this Agreement. Neither Party may initiate a termination of this Agreement pursuant to Section 6 of this Agreement or initiate a legal action or proceeding pursuant to Section 19.2 of this Agreement until the earlier to occur of: (i) the 45th day following the delivery of the Escalation Notice pursuant to Section 20.6 of this Agreement; or (ii) two Business Days following the second meeting (either by phone or in person) of the Relationship Executives or their designees to specifically address the matter(s) set forth in the Escalation Notice.
DISPUTE RESOLUTION - GENERAL. (a) Except for an Indemnification Dispute which shall be governed by Section 9.4 hereof, if any dispute or controversy, including a failure of the parties to agree on an independent accountant or appraisal pursuant to Section 1.8 hereof, arises out of this Agreement or any of the Ancillary Documents or the performance, breach, validity, interpretation or enforcement thereof (such dispute or controversy, a “General Dispute”), it is in the best interests of the parties for such General Dispute to be resolved in the shortest time and with the lowest cost of resolution practicable. Consequently, the parties shall resolve any General Dispute without resort to the courts. If any General Dispute arises, the parties will comply with the following procedures:
DISPUTE RESOLUTION - GENERAL. The Parties agree to attempt to resolve all disputes arising out of this Agreement by mediation and, if mediation is unsuccessful, by binding arbitration.
