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.
Appears in 3 contracts
Samples: Securities and Asset Purchase Agreement (Independence Realty Trust, Inc), Shared Services Agreement (Independence Realty Trust, Inc), Shared Services Agreement (RAIT Financial Trust)
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 any Party, a senior executive officer of IRT the Xxxxxxx Entities or a designee of such person and a senior executive officer of RAIT the Company 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 any Party may commence a proceeding relating to such Dispute in accordance with Section 11.811.11. 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.
Appears in 2 contracts
Samples: Administrative Services Agreement (Griffin Capital Essential Asset REIT, Inc.), Administrative Services Agreement (Griffin Capital Essential Asset REIT, Inc.)
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 any Party, a senior executive officer of IRT the Bluerock Entities or a designee of such person and a senior executive officer of RAIT the Company 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 any Party may commence a proceeding relating to such Dispute in accordance with Section 11.811.10. 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.
Appears in 2 contracts
Samples: Administrative Services Agreement (Bluerock Residential Growth REIT, Inc.), Contribution and Sale Agreement (Bluerock Residential Growth REIT, Inc.)
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 any Party, a senior executive officer of IRT the Manager Entities or a designee of such person and a senior executive officer of RAIT the Company or that person’s '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 's written request was made, then either any Party may commence a proceeding relating to such Dispute in accordance with Section 11.8Dispute. 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.
Appears in 1 contract
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 any Party, a senior executive officer of IRT STAR or a designee of such person and a senior executive officer of RAIT the Sponsor 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 or designees within ten (10) days after a Party’s written request was made, then either any Party may commence a proceeding relating to such Dispute in accordance with Section 11.811.9 hereof. 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.
Appears in 1 contract
Samples: Transition Services Agreement (Steadfast Apartment REIT, Inc.)