ESCALATION PROCEDURES. If the designated representatives cannot resolve the dispute, then the dispute shall be escalated to a member of the Board of Directors or Trustees of each of the University and of MSS, for their review and resolution. If the dispute cannot be resolved by such persons, then the parties may initiate formal proceedings; however, formal proceedings for the resolution of any such dispute may not be commenced until the earlier of: (a) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter in issue does not appear likely; or (b) Sixty (60) days after the initial request to negotiate such dispute (unless preliminary or temporary relief of an emergency nature is sought by one of the parties); or (c) Thirty (30) days before the statute of limitations governing any cause of action relating to such dispute would expire.
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Samples: Development and Commercialization Project Agreement (Medical Science Systems Inc), Development and Commercialization Project Agreement (Medical Science Systems Inc), Development and Commercialization Project Agreement (Medical Science Systems Inc)
ESCALATION PROCEDURES. If the designated representatives cannot --------------------- resolve the dispute, then the dispute it shall be escalated to a member the President of GeoSystems and the Board designated officer of Directors or Trustees of each of the University and of MSSNG, for their review and resolution. If the dispute cannot be resolved by such personsofficers, then the parties may initiate formal proceedings; however, formal proceedings for the resolution of any such dispute may not be commenced until the earlier of:
(a) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter in issue does not appear likely; or
(b) Sixty (60) days after the initial request to negotiate such dispute (unless preliminary or temporary relief of an emergency nature is sought by one of the parties); or
(c) Thirty (30) days before the statute of limitations governing any cause of action relating to such dispute would expire.
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