Escalation; Dispute Resolution Clause Samples
The Escalation; Dispute Resolution clause establishes a structured process for resolving disagreements that arise under the contract. Typically, it requires parties to first attempt to resolve disputes through informal negotiations or discussions between designated representatives, and if unresolved, to escalate the matter to higher management or specified executives. If these steps fail, the clause may mandate mediation, arbitration, or litigation as a final means of resolution. This approach ensures that disputes are addressed efficiently and amicably before resorting to formal legal proceedings, thereby minimizing disruption and legal costs.
POPULAR SAMPLE Copied 1 times
Escalation; Dispute Resolution. If (i) Company disputes that a default has occurred as contemplated in Section 9.2 “Termination by University”, or that a default has not been cured, or (ii) Company wishes to dispute termination of this Agreement resulting from a failed renegotiation of a new Performance Milestone as contemplated under Section 5.2 “Renegotiation of Performance Milestones”, or (iii) Company disputes in good faith any amounts that are owed to University under this Agreement, and a late fee for such disputed amount has been charged to Company under Section 6.3 “Late Payments”, then Company may provide University with a written dispute notice (“Dispute Notice”). In the case of (i) and (ii) above such Dispute Notice must be received by University prior to expiration of the 60-day cure period referenced in Section 9.2 “Termination by University”, stating the basis of Company’s disagreement with respect to such default or cure. In the case of (iii) above such Dispute Notice must be received by University within thirty (30) days of being charged a late fee for such disputed amount. If Company disputes that a default has occurred as contemplated in Section 9.3 “Events of Default”, then Company may provide University with a Dispute Notice within thirty (30) days of University sending the notice of termination referenced in Section 9.3 “Events of Default”. Upon receipt of a Dispute Notice, University’s right to terminate this Agreement or demand payment of late fees will be suspended and all rights under this Agreement will continue unaffected provided the dispute resolution process in this Section 13.4 “Escalation; Dispute Resolution” is being exercised. Any dispute will first be escalated to Company’s Chief Executive Officer or to a representative from Company’s Board of Directors, and to University’s Vice President for Innovation Strategy, representatives of which will be instructed to work in good faith to attempt to reach a mutually acceptable resolution of the dispute that would avoid termination of this Agreement. If the representatives are unable to reach such resolution of the dispute within thirty (30) days of delivery of the Dispute Notice, an independent, neutral mediator acceptable to both Parties (acting reasonably) will be appointed. The Parties will submit their dispute to mediation according to such parameters as they may mutually agree in writing. The Parties agree to discuss their differences in good faith and to attempt in good faith, with facilitation by the med...
Escalation; Dispute Resolution. If (i) Company disputes that a default has occurred as contemplated in Section 9.2 “Termination by University”, or that a default has not been cured, or (ii) Company wishes to dispute termination of this Agreement resulting from a failed renegotiation of a new Performance Milestone as contemplated under Section 5.2 “Renegotiation of Performance Milestones”, or
Escalation; Dispute Resolution. Subject to the terms of Section 12.5, the procedures of this Section 12 will control the resolution of any and all disputes between the Parties including, without limitation, any dispute relating to disputed monies owing or breach of warranty (each, a “Dispute”). The Parties will seek to resolve each Dispute as follows:
Escalation; Dispute Resolution. Mach encourages its Customers to raise any issues in a timely fashion so that they may be dealt with to both parties satisfaction as early as possible and at the lowest level possible. In the event an issue remains unresolved the ISO9001 Quality Management System has an escalation procedure that the parties will follow as a formal Dispute Resolution methodology.
Escalation; Dispute Resolution. Subject to the terms of Section 20.5, the procedures of this Article 20 will control the resolution of any and all disputes between the Parties including, without limitation, any dispute relating to disputed monies owing or breach of warranty (each, a “Dispute”). The parties will seek to resolve each Dispute as follows:
Escalation; Dispute Resolution. If Company disputes that (i) a default has occurred as contemplated in section 8.2 (Termination by University), or that a default has not been cured, then Company may provide University with a written dispute notice (“Dispute Notice”) prior to expiration of the 60-day cure period referenced in Section 8.2, stating the basis of Company’s disagreement with respect to such default or cure. If Company disputes that a default has occurred as contemplated in Section 8.3 (Events of Default), then Company may provide University with a Dispute Notice within thirty (30) days of University sending the notice of termination referenced in Section 8.3. Upon receipt of a Dispute Notice, University’s right to terminate this Agreement will be suspended and all rights under this Agreement will continue unaffected provided the dispute resolution process in this Section 12.4 (Escalation; Dispute Resolution) is being exercised. Any dispute will first be escalated to Company’s Chief Executive Officer or to a representative from Company’s Board of Directors, and to University’s ▇▇▇▇ of the medical faculty of Heidelberg, representatives of which will be instructed to work in good faith to attempt to reach a mutually acceptable resolution of the dispute that would avoid termination of this Agreement. If the Parties are not able to agree on resolution of the dispute within 90 days of the Dispute Notice, then the dispute resolution process of this Section 12.4 (Escalation; Dispute Resolution) will be complete and either Party may pursue any other action that is legally available to it.
Escalation; Dispute Resolution. 30.1 If a dispute arises out of or in connection with this Contract or the performance, validity or enforceability of it (Dispute) then the parties shall follow the procedure set out in this clause:
30.1.1 either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the Company’s nominated representative and the Client’s representative shall attempt in good faith to resolve the Dispute within 30 days of service of the Dispute Notice;
30.1.2 if the Dispute is not resolved under Clause 30.1.1, the Dispute shall be referred to the Company’s directors and the Client’s COO, or CEO or equivalent who shall attempt in good faith to resolve it within 30 days of it being referred to them; and
30.1.3 if the Dispute is not resolved under clause 30.1.2, the parties will attempt to settle it by mediation by agreed 3rd party. To initiate the mediation, a party must serve notice in writing (Mediation notice) to the other party to the Dispute, requesting a mediation. The mediation will start not later than 30 days after the date of the Mediation notice.
30.2 No party may commence any court proceedings in relation to the whole or part of the Dispute until 90 days after service of the Mediation notice, provided that the right to issue proceedings is not prejudiced by a delay. If, within 90 days after service of the Mediation notice, the Dispute is not resolved or either party fails to participate or to continue to participate in the mediation or the mediation terminates, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 31.
Escalation; Dispute Resolution