Escalation Procedure. Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is:
(a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or
(b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under B8.23 for the ex- tension period.
Escalation Procedure. 5.1 In the event that the Authority and the Supplier are unable to agree the performance score for any KPI during a Supplier Review Meeting, the disputed score shall be recorded and the matter shall be referred to the Authority Representative and the Supplier Representative in order to determine the best course of action to resolve the matter (which may involve organising an ad-hoc meeting to discuss the performance issue specifically).
5.2 In cases where the Authority Representative and the Supplier Representative fail to reach a solution within a reasonable period of time, the matter shall be dealt with in accordance with the procedure set out in Framework Schedule 18 (Dispute Resolution).
Escalation Procedure. 1In the event that the Authority and the Supplier are unable to agree the performance score for any KPI during an Operational Review Meeting, the disputed score shall be recorded and the matter shall be referred to the Management Review Meeting for resolution.
Escalation Procedure. Tentative Rates for those species and products listed in AT4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in AT5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in AT4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for Payment Units Released for Cutting during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is:
(a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or
(b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. SAMPLE In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under BT8.23 for the ex- tension period.
Escalation Procedure. Any claim or controversy related to or arising out of this Agreement, whether in contract or in tort, other than matters pertaining to proprietary information, proprietary rights, or payment disputes ("Dispute"), will be resolved according to the following process, which either Party may start by delivering a written notice to the other Party describing the Dispute and the amount involved ("Demand"). If the Dispute remains unresolved after three (3) business days after receipt of a Demand, each Party shall identify a designated representative and a senior manager in writing to the other Party, and the designated representatives from each Party will meet at a mutually agreed upon time and place and use commercially reasonable efforts to try to resolve the Dispute. The Parties shall conduct such negotiation on a confidential basis. If the Dispute remains unresolved for three (3) business days after such meeting, either Party may escalate the Dispute by sending notice to the other Party's senior manager. If the senior managers from both Parties cannot resolve the Dispute within three (3) business days after receipt of such written notice, either Party may pursue any other available remedies. The Parties shall use commercially reasonable efforts to attempt to settle any claim or controversy between themselves (acting in good faith) within one (1) calendar month of notice of the claim or controversy being given. The Parties shall conduct such negotiation on a confidential basis.
Escalation Procedure. 5.1. In the event that the Authority and the Supplier are unable to agree the performance score for any KPI during an Operational Review Meeting, the disputed score shall be recorded and the matter shall be referred to the Management Review Meeting for resolution.
5.2. In the event of a failure to reach a solution that is acceptable to both Parties at the Management Review Meeting, the matter shall be referred to the Authority Representative and the Supplier Representative who attend the Strategic Management Review Meetings in order to determine the best course of action to resolve the matter (which may involve organising an ad-hoc meeting to discuss the performance issue specifically).
5.3. In cases where the Authority’s Representative and the Supplier’s Representative fail to reach a solution, the matter shall be dealt with in accordance with the procedure set out in Clause 41.
Escalation Procedure. 10.1 If a dispute arises out of or in connection with this User Agreement or the performance, validity or enforceability of it (a “Dispute”) then, except as expressly provided in this User Agreement, the Parties shall follow the procedure set out in this Clause.
10.2 Either Party, within 14 days of a dispute arising, shall give to the other written notice of the Dispute, setting out its nature and full particulars together with relevant supporting documents (“Dispute Notice”). On service of the Dispute Notice, a member of MedCo’s Personnel or representative of the relevant MedCo committee (as specified by MedCo) (“MedCo Representative”) and a member of the MRO's Personnel ("MRO Representative") who is of an equivalent position (in the MRO’s reasonable opinion) shall attempt in good faith to resolve the Dispute;
10.3 If the MedCo Representative and MRO Representative are for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, the Dispute shall be referred to a more senior member of MedCo’s Personnel or representative of the relevant committee (as specified by MedCo ) (“MedCo Senior Representative”) and Company Director or member of the MRO's Personnel ("MRO Senior Representative"), who is of an equivalent position (in the MRO's reasonable opinion), who shall attempt in good faith to resolve it; and
10.4 If the MedCo Senior Representative and the MRO's Senior Representative are for any reason unable to resolve the Dispute within 30 days of it being referred to them and where both Parties agree, the Parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a Party must serve notice in writing (“ADR notice”) to the other Party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of the ADR notice unless otherwise agreed in writing between the Parties.
10.5 Neither Party may commence any court proceedings in relation to the whole or part of the Dispute until 30 days after service of the ADR notice, save that proceedings may be issued in any case if the right to issue would otherwise be prejudiced.
10.6 If the Dispute is not resolved within 30 days after service of the ADR notice, or either Party fails to participate or to continue to participate in the mediatio...
Escalation Procedure. With serious deviations from quality requirements the Buyer reserves the right to initiate an escalation procedure with the Supplier. Triggers for initiating an escalation procedure may e.g. be the following: - repeated faulty deliveries despite completed problem solving (8D) - repeated disruptions of Buyer´s production caused by faulty deliveries - repeated/ critical complaints by customers of Buyer, caused by faults of Supplier - field failures and recall actions respectively, by customers of Buyer, caused by faults of Supplier - insufficient complaint management of Supplier - Long-term insufficient adherence to delivery dates or quantities - impending stoppages of Buyer´s production and their customers´ production respectively, caused by faults of Supplier - critical action out of supplier audit not implemented - unsatisfactory project management of supplier - special status of the supplier assigned by the buyer's customer (e.g. controlled shipping level 1-2-3; C category, etc.)
1) The Buyer has implemented a three-stage escalation procedure. By means of a structured escalation procedure with suppliers, a smooth run of production as well as project shall be ensured; arising problems shall be solved sustainably. In the first escalation stage (problem solution by supplier is not successful) the supplier is invited to an interview with the customer, during which the problem is discussed and remedial measures are scheduled. Escalation to stage 2 (outside assistance required for solving of problem at Supplier´s) follows in case result of stage 1 is unsatisfactory. Escalation stage 2 provides for a root cause analysis that may take place on-site at the Supplier´s, or at the Buyer´s facility. This analysis may be performed by the Buyer as a process audit. The action plan agreed is to be executed by the Supplier in the stipulated period. An unsatisfactory result to escalation stage 2 leads to the initiating of stage 3 (Supplier is not suitable) or even to removing the Supplier as a supplier to the buyer and their customers. The Buyer's customer is included in the escalation level 3, if it is a supplier specified by the Buyer’s customer or if there is a risk for the Buyer's customer. In the case where effectiveness evaluation at the respective escalation stages shows positive results, the Supplier shall be notified of the lifting of escalation procedure (de-escalation). The de- escalation procedure shall be dealt with step by step.
Escalation Procedure. The Parties shall attempt to resolve any dispute, controversy or claim arising out of, in connection with, or relating to this Agreement, whether sounding in contract or tort and whether arising during or after termination of this Agreement (each, a “Dispute”) in accordance with the following procedures: Upon the written request of either Party, a senior executive officer of IRT or a designee of such person and a senior executive officer of RAIT or that person’s designee shall meet and attempt to resolve any Dispute between them. If such Dispute is not resolved by discussions between such officers within ten (10) days after a Party’s written request was made, then either Party may commence a proceeding relating to such Dispute in accordance with Section 11.8. No Party may commence a proceeding with respect to a Dispute unless and until the foregoing procedure has been concluded with respect to the underlying Dispute.
Escalation Procedure. If either party has any issues, concerns or complaints, that Party shall notify the other Party and the Parties shall, acting in good faith, seek to resolve the issue by negotiations between themselves. If the issue cannot be resolved within 7 days, the matter shall be escalated to both SPoCs who shall advise on the appropriate course of action to take.
