Executive Escalation. Upon receipt of a notice of Dispute as described in Section 7.1, the Dispute will be referred to the executive management representatives designated by each Party (“Executive Escalation”). Such representatives shall meet in person or by telephone (including videoconference) and in good faith attempt to settle the Dispute.
Executive Escalation. In the event that the Management Committee is unable to resolve the Dispute, then the Dispute will be submitted to the Executive Committee (defined below) for resolution. The Executive Committee shall schedule at least [****] ([****]) meeting or telephone conference call to resolve the Dispute, and for [****] ([****]) Business Days immediately following submission of the Dispute to the Executive Committee (the “Initial Executive Escalation”), the Executive Committee will try to resolve such Dispute. “Executive Committee” will mean a committee made up of either Google’s President, Global Sales and Business Development or Google’s SVP of Product Management, and AOL’s CEO or CFO and the Management Committee.
Executive Escalation. Except for any claims or disputes based upon breach of confidentiality, or breach, infringement or misappropriation of Eargo’s Intellectual Property Rights, for any or all of which Eargo may elect to pursue injunctive relief as permitted by this Agreement, should any dispute arise between Eargo and Supplier pertaining to this Agreement or their rights and responsibilities to the other created hereunder, before proceeding with any binding arbitration pursuant to Section 25.3 below, the parties will first escalate such dispute by requesting that senior management level representatives of the parties meet to discuss and attempt to resolve the dispute in good faith. If such individuals are unable to resolve the issue in a timely manner, then either party may pursue any other rights or remedies under contract or at law as it deems appropriate to resolve the dispute, subject to Section 25.3 below.
Executive Escalation. At any time after BlueArc has received notice of a Support Failure either Party may request an executive escalation, which shall mean a discussion between executive officers of both Parties for a period not to exceed fifteen (15) days, to attempt in good faith to correct, cure or otherwise agree on a mutually acceptable solution, which the Parties may ultimately agree does not constitute a * * * Indicates that confidential treatment has been sought for this information. 18 Support Failure for purposes of the Maintenance Lapse. This escalation will not, however, delay the occurrence of a Maintenance Lapse beyond the fifteen (15) day period.
Executive Escalation. Before a party initiates any arbitration or litigation action, other than injunctive relief, that party must notify the other party in writing that the notifying party requests an executive conference. The executive conference is to be held no later than fifteen (15) days after the date the notice is considered given under Section 12.6 (Notices). At least one executive of each party will attend the conference. Each party will present its view of the dispute, and the executives will enter into good faith negotiations to resolve the dispute. If the dispute is not resolved by the earlier of thirty (30) days after the date the conference commenced or forty-five (45) days after the written notice is considered to have been given, then either party may pursue resolution of the dispute consistent with the other terms of this Agreement.
Executive Escalation. Except for any claims or disputes (i) for breach under Section 6.02 of this Agreement, or (ii) for breach, infringement or misappropriation of a party’s Intellectual Property Rights, and for any or all of which a party may elect to pursue injunctive relief as permitted herein, should any dispute arise between the parties pertaining to this Agreement or their rights and responsibilities to the other created hereunder, before proceeding with any dispute resolution mechanism pursuant to Section 10.11, the parties shall first escalate such dispute by requesting that senior management level representatives of the parties meet to discuss and attempt to resolve the dispute in good faith (the "Meeting Request"). If such individuals are unable to resolve the issue within thirty (30) days following when the initiating party first made the Meeting Request, then either party may pursue any other rights or remedies under contract or at law as it deems appropriate to resolve the dispute, subject to Section 10.11. Notwithstanding the foregoing, Section 2.08 and any claims made pursuant to Article VIII of this Agreement shall not be subject to this Section 10.10.
Executive Escalation. The parties will 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. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party will submit to the other a written response. The notice and the response will include (a) a statement of each party’s position and a summary of the 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 disputing party’s notice, the executives of both parties will meet at a mutually acceptable time and place, and thereafter as often as they will reasonably deem necessary to attempt to reach resolution. If the executives are unable to reach resolution within sixty (60) days after delivery of the disputing party’s notice, then the dispute will be determined by arbitration or litigation in accordance with the provisions of this agreement. All reasonable requests for information made by one party to the other will be honored ADDITIONAL ATTACHMENTS; This Agreement incorporates the following Attachment(s): Customer Profile Attachment Services Attachment Special Pricing Attachment
Executive Escalation. If a dispute, other than a dispute that is subject to Article 3, arises between the Parties in connection with or relating to this Agreement or any document or instrument delivered in connection herewith (a “Dispute”), then either Party shall have the right to refer such dispute to the Executives who shall confer within [***] after such dispute was first referred to them to attempt to resolve the Dispute by good faith negotiations. Any final decision mutually agreed to by the Executives in writing shall be conclusive and binding on the Parties. Except for matters for which this Agreement assigns decision-making to the Parties or a Committee or requires the consent of one or both of the Parties, if such Executives are not able to agree on the resolution of an issue within [***] days after such issue was first referred to them, either Party may, by written notice to the other Party, initiate arbitration for resolution of such Dispute pursuant to Section 19.2, provided that such matter is a Legal Matter. Notwithstanding the foregoing, disputes arising on issues within the jurisdiction of the Committees shall be resolved in accordance with the procedures set forth in Article 3. EXECUTION VERSION
