Common use of Exchange Of Written Statements Clause in Contracts

Exchange Of Written Statements. In the event of a dispute under this Agreement, either MSC or MPM, on the one hand, may give a notice to the other party requesting that the Steering Committee in good faith try to resolve (but without any obligation to resolve) such dispute. Not later than fifteen (15) days after said notice, each party shall submit to the other party a written statement setting forth such party’s description of the dispute and of the respective positions of the parties on such dispute and such party’s recommended resolution and the reasons why such party feels its recommended resolution is fair and equitable in light of the terms and spirit of this Agreement. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statements prepared by a party pursuant to this Section 12.02 may be introduced as evidence or used as an admission against interest in any arbitral or judicial resolution of such dispute.

Appears in 6 contracts

Samples: Shared Services Agreement, Shared Services Agreement, Shared Services Agreement (MPM Holdings Inc.)

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Exchange Of Written Statements. In the event of a dispute under this Agreement, either MSC or MPM, on the one hand, party hereto may give a notice to the other party hereto requesting that the Steering Committee in good faith try to resolve (but without any obligation to resolve) such dispute. Not later than fifteen (15) days after said notice, each party hereto shall submit to the other party a written statement setting forth such party’s description of the dispute and of the respective positions of the parties hereto on such dispute and such party’s recommended resolution and the reasons why such party feels its recommended resolution is fair and equitable in light of the terms and spirit of this Agreement. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statements prepared by a party pursuant to this Section 12.02 Article IX may be introduced as evidence or used as an admission against interest in any arbitral or judicial resolution of such dispute.

Appears in 3 contracts

Samples: Venezuela Transition Service Agreement, Venezuela Transition Service Agreement (EVERTEC, Inc.), Venezuela Transition Service Agreement (EVERTEC, Inc.)

Exchange Of Written Statements. In the event of a dispute under this Agreement, either MSC or MPM, on the one hand, may give a notice to the other party requesting that the Steering Committee in good faith try to resolve (but without any obligation to resolve) such dispute. Not later than fifteen (15) days after said notice, each party shall submit to the other party a written statement setting forth such party’s 's description of the dispute and of the respective positions of the parties on such dispute and such party’s 's recommended resolution and the reasons why such party feels its recommended resolution is fair and equitable in light of the terms and spirit of this Agreement. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statements prepared by a party pursuant to this Section 12.02 may be introduced as evidence or used as an admission against interest in any arbitral or judicial resolution of such dispute.

Appears in 2 contracts

Samples: Shared Services Agreement, Shared Services Agreement (Momentive Specialty Chemicals Inc.)

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Exchange Of Written Statements. In the event of a dispute under this Agreement, either MSC Hexion or MPMMomentive, on the one hand, may give a notice to the other party requesting that the Steering Committee in good faith try to resolve (but without any obligation to resolve) such dispute. Not later than fifteen (15) days after said notice, each party shall submit to the other party a written statement setting forth such party’s 's description of the dispute and of the respective positions of the parties on such dispute and such party’s 's recommended resolution and the reasons why such party feels its recommended resolution is fair and equitable in light of the terms and spirit of this Agreement. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statements prepared by a party pursuant to this Section 12.02 may be introduced as evidence or used as an admission against interest in any arbitral or judicial resolution of such dispute.

Appears in 2 contracts

Samples: Shared Services Agreement (Momentive Specialty Chemicals Inc.), Shared Services Agreement (Momentive Performance Materials Inc.)

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