Common use of Escalation Procedure Clause in Contracts

Escalation Procedure. 11.1 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 as set out in this Clause 11. 11.2 Either Party shall, within 14 days of a dispute arising, 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 the IME shall attempt in good faith to resolve the Dispute. 11.3 If the MedCo Representative and the IME 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 MedCo committee (as specified by MedCo) (“MedCo Senior Representative”) who shall attempt in good faith to resolve the Dispute with the IME. 11.4 If the MedCo Senior Representative and IME 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 Centre for Effective Dispute Resolution ("CEDR")'s 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 requesting a mediation (“ADR Notice”) on the other Party to the Dispute,. 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 service of the ADR Notice unless otherwise agreed in writing between the Parties. 11.5 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. 11.6 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 mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 19 of this User Agreement. 11.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.

Escalation Procedure. 11.1 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, then except as expressly provided in this User Agreement, the Parties shall follow the procedure as set out in this Clause 11Clause. 11.2 10.2 Either Party shallParty, 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 IME 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.; 11.3 10.3 If the MedCo Representative and the IME are, MRO Representative are for any reason, 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 MedCo committee (as specified by MedCoMedCo ) (“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 the Dispute with the IME.it; and 11.4 10.4 If the MedCo Senior Representative and IME are, the MRO's Senior Representative are for any reason, reason unable to resolve the Dispute within 30 days of it being referred to them, them and where both Parties agree, the Parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR")'s 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 requesting a mediation (“ADR Noticenotice”) on to the other Party to the Dispute,, requesting a mediation. A copy of the ADR Notice notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of service of the ADR Notice notice unless otherwise agreed in writing between the Parties. 11.5 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 Noticenotice, save that proceedings may be issued in any case if the right to issue would otherwise be prejudiced. 11.6 10.6 If the Dispute is not resolved within 30 days after service of the ADR Noticenotice, or either Party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 19 of this User Agreement. 11.7 10.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party Party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.

Escalation Procedure. 11.1 12.1 If a dispute arises out of or in connection with this User Agreement or the performance, validity or enforceability of it (a “Dispute”)) then, then except as expressly provided in this User Agreement, the Parties shall follow the procedure as set out in this Clause 11.Clause: 11.2 12.2 Either Party shallParty, within 14 days of a dispute 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”), together with relevant supporting documents. 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 the IME DME shall attempt in good faith to resolve the Dispute.; 11.3 12.3 If the MedCo Representative and the IME are, DME are for any reason, 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 MedCo committee (as specified by MedCoMedCo ) (“MedCo Medco Senior Representative”) ), who shall attempt in good faith to resolve the Dispute it with the IME.DME; and 11.4 12.4 If the MedCo Senior Representative and IME are, the DME are for any reason, 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 Centre for Effective Dispute Resolution ("CEDR")'s 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 requesting a mediation (“ADR Notice”) on 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 service of the ADR Notice unless otherwise agreed in writing between the Parties. 11.5 12.5 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. 11.6 12.6 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 mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 19 21 of this User Agreement. 11.7 12.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request 13.1 If the DME does not comply with any term of this User Agreement, and MedCo is satisfied that a written warning is appropriate, MedCo will issue a written warning to the DME setting out the action that the DME is required to take to resolve the issue.

Escalation Procedure. 11.1 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 parties shall follow the procedure as set out in this Clause 11.clause: 11.2 10.2 Either Party shall, within 14 days of a dispute arising, party shall give to the other written notice of the Dispute, setting out its nature and full particulars together with relevant supporting documents (“Dispute Notice”), together with relevant supporting documents. 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 IME 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.; 11.3 10.3 If the MedCo Representative and the IME are, MRO Representative are for any reason, 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 MedCo committee (as specified by MedCoMedCo ) (“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 the Dispute with the IME.it; and 11.4 10.4 If the MedCo Senior Representative and IME are, the MRO's Senior Representative are for any reason, reason unable to resolve the Dispute within 30 days of it being referred to them, them and where both Parties agree, the Parties parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR")'s CEDR Model Mediation Procedure. Unless otherwise agreed between the Partiesparties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a Party party must serve notice in writing requesting a mediation (“ADR Noticenotice”) on to the other Party party to the Dispute,, requesting a mediation. A copy of the ADR Notice notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of service of the ADR Notice notice unless otherwise agreed in writing between the Partiesparties. 11.5 Neither Party 10.5 No party may commence any court proceedings in relation to the whole or part of the Dispute until 30 days after service of the ADR Noticenotice, save provided that proceedings may be issued in any case if the right to issue would otherwise be prejudicedproceedings is not prejudiced by a delay. 11.6 10.6 If the Dispute is not resolved within 30 days after service of the ADR Noticenotice, or either Party party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause clause 19 of this User Agreement. 11.7 10.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.

Escalation Procedure. 11.1 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 parties shall follow the procedure as set out in this Clause clause 11. 11.2 Either Party shall, 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 personnel or representative of the relevant MedCo committee (as specified by MedCo) (“MedCo Representative”) and the IME shall attempt in good faith to resolve the Dispute. 11.3 If the MedCo Representative and the IME are, are for any reason, 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 personnel or representative of the relevant MedCo committee (as specified by MedCo) (“MedCo Senior Representative”) who and together with IME, shall attempt in good faith to resolve the Dispute with the IMEDispute. 11.4 If the MedCo Senior Representative and IME are, are for any reason, reason unable to resolve the Dispute within 30 days of it being referred to them, them and where if both Parties agree, the Parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR")'s Model Mediation Proceduremodel 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 requesting a mediation (“ADR Notice”) on notice”)on the other Party to the Dispute,. A copy of the ADR Notice notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of service of the ADR Notice unless otherwise agreed in writing between the Partiesparties. 11.5 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 provided that proceedings may be issued in any case if the right to issue would otherwise be prejudicedproceedings is not prejudiced by a delay. 11.6 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 mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause clause 19 of this User Agreement. 11.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.

Escalation Procedure. 11.1 If a dispute arises out of or in connection with This Escalation Procedure shall apply to any Dispute. A Party may not invoke the Dispute Resolution Procedure unless this User Agreement or the performance, validity or enforceability of it (a “Dispute”), then except as expressly provided in this User Agreement, Escalation Procedure has been properly exhausted. Disputes arising between the Parties shall follow be handled in the procedure as following manner: a Dispute shall, in the first instance be referred to the Level 1 representatives set out in this Clause 11. 11.2 Either Party shallthe table below for resolution at a meeting to be arranged as soon as practicable after the matter in dispute arises, but in any event within 14 days two (2) Business Days from and including the date of a dispute arising, 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 referral; if the Dispute Noticecannot be resolved by the Level 1 representatives within three (3) Business Days from and including the date of such referral, a member of MedCo’s Personnel or representative of within any other period agreed by the relevant MedCo committee (as specified by MedCo) (“MedCo Representative”) and the IME shall attempt in good faith Parties, after it has been referred to resolve the Dispute. 11.3 If the MedCo Representative and the IME are, for any reason, unable to resolve the Dispute within 30 days of service of the Dispute Noticethem, the Dispute shall be referred to a more senior member of MedCo’s Personnel or representative of the relevant MedCo committee (as specified by MedCo) (“MedCo Senior Representative”) Level 2 representatives set out in the table below for resolution, who shall meet within two (2) Business Days from and including the date of such referral, or such other period as the Parties may agree, in order to attempt in good faith to resolve the Dispute with the IME. 11.4 If the MedCo Senior Representative and IME are, for any reason, unable to resolve Dispute; if the Dispute cannot be resolved by the Level 2 representatives within 30 days three (3) Business Days from and including the date of such referral, or within any other period agreed by the Parties, after it being has been referred to them, the Dispute shall be referred to the Level 3 representatives set out in the table below for resolution, who shall meet within two (2) Business Days from and where both including the date of such referral, or such other period as the Parties may agree, in order to attempt to resolve the Dispute; if, after referral to the Level 3 representatives, the Dispute is not resolved by agreement in writing between the Parties will attempt within five (5) Business Days from and including the date of such referral, or within any other period agreed by the Parties, either Party may request expert determination and/or be free to settle it by mediation in accordance with issue legal proceedings. At any level of the Centre for Effective Escalation Procedure set out above, if the Parties agree that the Dispute Resolution ("CEDR")'s Model Mediation Procedure. Unless otherwise agreed is a matter materially affecting any aspect of this Agreement or the relationship between the Parties, the mediator shall be nominated by CEDR Solve. To initiate Parties may elect immediately to escalate the mediation, a Party must serve notice in writing requesting a mediation (“ADR Notice”) on the other Party Dispute to the Dispute,. 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 service of the ADR Notice unless otherwise agreed in writing between the Parties. 11.5 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. 11.6 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 mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, next level and upon such election the Dispute shall be finally resolved escalated to the next level in accordance with Paragraph 82.5 above. If any of the representatives of a Party named in the table below is unable to attend a meeting, the Party in question will ensure that a substitute with appropriate authority attends. Authority Service Provider Level 1 Service Manager Xxxxxxx Xxxxx, Contract Manager Level 2 Deputy Director, Housing Strategy and Support Directorate (as at the date hereof Xxxxx Xxxxxxxxx) Xxxxxxxx Xxxxxxxxx, Scheme Manager Level 3 Director, Housing Strategy and Support Directorate (as at the date hereof, Xxxxxx Xxxxxx) Xxxx Xxxxxxx, Chair, The Dispute Service Ltd Where in this agreement a matter of fact (as opposed to law or mixed fact and law) is to be agreed and/or is disputed, either Party may request to the other that a single expert (“Expert”) be appointed to determine or decide on the matter who shall be deemed to act as expert and not as arbitrator on the basis set out below. If the matter disputed is not a matter of fact, then Expert determination shall not apply. No Dispute shall be referred to Expert determination under this Dispute Resolution Procedure until the Escalation Procedure has been exhausted, provided that the Parties shall be free to seek injunctive relief without reference of the Dispute to the Dispute Resolution Procedure. The Expert shall be selected by mutual agreement or, failing agreement within fifteen (15) Business Days after a request by either Party to the other, shall be chosen at the request of either Party by the courts President or other duly authorised officer for the time being of the Law Society of England and Wales who shall be requested to choose an impartial, suitably qualified and experienced expert for the Dispute in accordance with Clause 19 of this User Agreementquestion. 11.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.

Escalation Procedure. 11.1 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 parties shall follow the procedure as set out in this Clause 11.clause: 11.2 Either Party shall, within 14 days of a dispute arising, (a) either party shall give to the other written notice of the Dispute, setting out its nature and full particulars together with relevant supporting documents (“Dispute Notice”), together with relevant supporting documents. 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 IME Authorised User's Personnel ("Authorised User's Representative") who is of an equivalent position (in the Authorised User's reasonable opinion) shall attempt in good faith to resolve the Dispute.; 11.3 If (b) if the MedCo Representative and the IME are, Authorised User's Representative are for any reason, 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 MedCo committee (as specified by MedCoMedCo ) (“MedCo Senior Representative”) and Company Director or member of the Authorised User's Personnel ("Authorised User's Senior Representative") who is of an equivalent position (in the Authorised User's reasonable opinion) who shall attempt in good faith to resolve the Dispute with the IME.it; and 11.4 If (c) if the MedCo Senior Representative and IME are, Authorised User's Senior Representative are for any reason, reason unable to resolve the Dispute within 30 days of it being referred to them, them and where both Parties parties agree, the Parties parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR")'s CEDR Model Mediation Procedure. Unless otherwise agreed between the Partiesparties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a Party party must serve notice in writing requesting a mediation (“ADR Noticenotice”) on to the other Party party to the Dispute,, requesting a mediation. A copy of the ADR Notice notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of service of the ADR Notice notice unless otherwise agreed in writing between the Partiesparties. 11.5 Neither Party 11.2 No party may commence any court proceedings in relation to the whole or part of the Dispute until 30 days after service of the ADR Noticenotice, save provided that proceedings may be issued in any case if the right to issue would otherwise be prejudicedproceedings is not prejudiced by a delay. 11.6 11.3 If the Dispute is not resolved within 30 days after service of the ADR Noticenotice, or either Party party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 19 clause 20 of this User Agreement. 11.7 11.4 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.

Escalation Procedure. 11.1 12.1 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 parties shall follow the procedure as set out in this Clause 11.clause: 11.2 12.2 Either Party shall, within 14 days of a dispute arising, party shall give to the other written notice of the Dispute, setting out its nature and full particulars together with relevant supporting documents (“Dispute Notice”), together with relevant supporting documents. 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 IME DME's Personnel (DME Representative) who is of an equivalent position (in the DME’s reasonable opinion) shall attempt in good faith to resolve the Dispute.; 11.3 12.3 If the MedCo Representative and the IME are, DME Representative are for any reason, 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 MedCo committee (as specified by MedCoMedCo ) (“MedCo Medco Senior Representative”) and Company Director or member of the DME's Personnel (DME Senior Representative) who is of an equivalent position (in the DME's reasonable opinion) who shall attempt in good faith to resolve the Dispute with the IME.it; and 11.4 12.4 If the MedCo Senior Representative and IME are, the DME's Senior Representative are for any reason, reason unable to resolve the Dispute within 30 days of it being referred to them, them and where both Parties parties agree, the Parties parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR")'s CEDR Model Mediation Procedure. Unless otherwise agreed between the Partiesparties, the mediator shall be nominated by CEDR Solve. To initiate the mediation, a Party party must serve notice in writing requesting a mediation (“ADR Noticenotice”) on to the other Party party to the Dispute,, requesting a mediation. A copy of the ADR Notice notice should be sent to CEDR Solve. The mediation will start not later than 30 days after the date of service of the ADR Notice notice unless otherwise agreed in writing between the Partiesparties. 11.5 Neither Party 12.5 No party may commence any court proceedings in relation to the whole or part of the Dispute until 30 days after service of the ADR Noticenotice, save provided that proceedings may be issued in any case if the right to issue would otherwise be prejudicedproceedings is not prejudiced by a delay. 11.6 12.6 If the Dispute is not resolved within 30 days after service of the ADR Noticenotice, or either Party party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 19 clause 21 of this User Agreement. 11.7 12.7 MedCo may record the escalation meetings, subject to the attendees of the meeting giving their explicit consent to the meeting being recorded. No other party may record the escalation meetings but MedCo will make transcripts of the meetings available upon request.