Executive Dispute Resolution Sample Clauses

Executive Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Either Party may give written notice to the other Party of any dispute not resolved in the normal course of business. Such notice shall (a) specify the nature of the dispute, (b) state the Party’s arguments supporting its position and (c) state the name and title of the executive who will represent that Party in the dispute and any other person who will accompany the executive. Within fifteen (15) days after delivery of the notice, the receiving Party shall submit to the sending Party a written response. The notice and response shall include (a) a statement of that Party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the initial notice, the designated executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Executive Dispute Resolution. In the event of any dispute or disagreement (each a “Dispute”) between the Parties or any of their respective subsidiaries, affiliates, successors and assigns under this Agreement or any document executed pursuant to this Agreement which cannot be resolved by the Parties, then the Dispute shall be submitted to the Executive Contacts (as defined below) for resolution. For ten (10) Business Days after the Dispute was submitted to the Executive Contacts, the Executive Contacts shall meet in person or by phone and attempt in good faith to resolve such Dispute; provided further, that the Executive Contacts shall have the final and exclusive right to resolve Disputes arising from any provision of this Agreement which expressly or implicitly provides for the Parties to reach mutual agreement as to certain terms. “Executive Contacts” shall mean [****] and [****] (together, the “Management Committee”), and generally overseeing the relationship between the Parties contemplated by this Agreement.”

Executive Dispute Resolution. Upon a Party’s written notification to the other Party of a dispute, which notification must include a written explanation of the dispute and the material particulars of the notifying Party’s position as to the dispute, each Party shall nominate one (1) executive representative with the authority to bind such Party. The nominated representatives shall meet not later than ten (10) Business Days thereafter to attempt in good faith to resolve the dispute and to produce written terms of settlement for the dispute (a “Settlement Agreement”). A Settlement Agreement executed by each executive representative shall serve as conclusive evidence of the resolution of such dispute. If the executive representatives do not produce and execute the Settlement Agreement within forty-five (45) days after the date of the first meeting or within a longer period agreed to by each executive representative, then, either Party may upon written notice to the other Party, pursue all its rights and remedies provided at law or equity or otherwise in this Agreement.

Executive Dispute Resolution. If any dispute or claim arising under this Agreement cannot be readily resolved by the Parties, then the Parties agree to refer the matter to their respective ACS and MMT executive officers, or their designees, for review and a non-binding resolution. A copy of the terms of this Agreement, agreed upon facts (and areas of disagreement), and concise summary of the basis for each Party's contentions will be provided to both executive officers who shall review the same, confer and attempt to reach a mutual resolution of the dispute. If the Parties fail to resolve the dispute at the executive officer level, then the Parties agree to refer the matter to their respective ACS and MMT executives at the corporate office level, or their designees, for review and a non-binding resolution. If the Parties fail to resolve the dispute at the corporate officer level, the Parties may pursue other available legal processes to resolve the dispute.

Executive Dispute Resolution. In the event of any dispute or disagreement (each a “Dispute”) between the Parties or any of their respective subsidiaries, affiliates, successors and assigns under this Agreement or any document executed pursuant to this Agreement which cannot be resolved by the Parties, then the Dispute shall be submitted to the Executive Contacts (as defined below) for resolution. For ten (10) Business Days after the Dispute was submitted to the Executive Contacts, the Executive Contacts shall meet in person or by phone and attempt In good faith to resolve such Dispute; provided further. that the Executive Contacts shall have the final and exclusive right to resolve Disputes arising from any provision of this Agreement which expressly or implicitly provides for the Parties to reach mutual agreement as to certain terms. “Executive Contacts” or “Management Contacts” shall mean D▇▇▇▇ ▇▇▇▇▇, Senior Vice President & General Manager C▇▇.▇▇▇ for CNN and J▇▇▇ ▇▇▇▇▇▇▇▇▇, Senior Vice-President AOL Search Business for AOL, or their designees (together, the “Management Committee”), and generally overseeing the relationship between the Parties contemplated by this Agreement.

Executive Dispute Resolution. In connection with any dispute, controversy or claim between the Parties relating to or arising out of this Agreement (a “Dispute”), the Parties will use their reasonable efforts to resolve the Dispute within thirty (30) days. If the Dispute has not been resolved within such thirty (30) day period, the Parties will escalate the Dispute to the respective Parent Officers, who will meet to discuss and use their reasonable efforts to resolve the Dispute. If the Parties remain unable to resolve the Dispute within thirty (30) days of the initial meeting of the Parent Officers, any Party may submit the Dispute to binding arbitration pursuant to this Section 8.4. Arbitration hereunder shall be the exclusive means for resolving Disputes that are not resolved through the efforts of the Parties or their Parent Officers.