Executive Negotiations. In the event of any dispute between the Parties concerning or arising out of this Agreement, the Party seeking the resolution of such dispute shall give written notice to the other Party. Any notice to Owner under this Section 20.19.2 shall be delivered to the DW Member. The DW Member is authorized to deliver notices on behalf of Owner under this Section 20.19.2 and the DW Member shall exclusively represent the interests of Owner under this Section 20.19.2 For a period of ten (10) Business Days following the delivery of such notice, Xxxxxx X. Xxxxxxx (the “Manager Representative”) and Kar Xxxx Xxxx of the DW Member (the “DW Member Representative”) shall meet in person or by teleconference and negotiate with each other in good faith in an attempt to resolve such dispute. The General Manager may designate a replacement or alternate MGM MIRAGE Representative and the DW Member may designate a replacement or alternate DW Member Representative by written notice to the other Party.
Executive Negotiations. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Contract promptly by negotiations between a vice president of PG&E or his or her designated representative and an executive of similar authority of Contractor. Either Party may give the other Party written notice of any dispute which has not been resolved at a working level. Within 20 days after delivery of such notice, the executives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute.
Executive Negotiations. The parties shall attempt in good faith to ---------------------- resolve any dispute relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy. In the event a dispute cannot be resolved, either 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 such a notice, the receiving party shall submit to the other a written response. The notice and response shall include a statement of each party's position and a summary of arguments supporting that position. Within thirty (30) days after delivery of the disputing party's notice, the senior executive _________ ***Confidential information has been omitted and has been filed separately with the Securities and Exchange Commission. officers of Audible and RN 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 reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this Section 17.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.
Executive Negotiations. If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with, or arising out of, this Agreement or the Closing Documents, or the interpretation, performance, breach, termination or validity hereof or thereof, including without limitation any claim based on contract, text or statute (but not including a dispute or disagreement that relates specifically to the apportionment of liability under Section 8.2, Section 8.3, Section 8.4, Section 8.5, Section 8.6 (including Schedule 8.6), or Section 8.7 (including Schedule 8.7), and that is subject to mutual negotiations by executives of the Parties under Section 8.9) (the “Dispute”), the Parties shall attempt to settle such Dispute in the first instance by mutual negotiations in accordance with this Section 10.1. Within seven (7) Business Days of the receipt by either Party of a notice from the other Party of the existence of a Dispute referring to this Article 10 (the “Dispute Notice”), the receiving Party shall reply with a written response (a “Dispute Notice Response”). Both the Dispute Notice and the Dispute Notice Response shall include (a) a statement of the relevant Party’s position with regard to the Dispute and a summary of arguments supporting such position; and (b) the name and title of the executive who will represent that Party in attempting to resolve the Dispute pursuant to this Section 10.1. Within seven (7) Business Days of delivery of the Dispute Notice Response, the designated executives shall meet and attempt to resolve the Dispute. All negotiations pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations, and no oral or documentary representations or offers made by the Parties during such negotiations shall be admissible for any purpose in any subsequent proceedings.
Executive Negotiations. If, at the meeting contemplated in Section 17.09(b), the Managers in good faith are unable to agree on a course of action to address the reason for the meeting, any Manager may declare an impasse (“Impasse”) by giving written notice to the other Managers (an “Impasse Notice”). Within five Business Days after receipt of such Impasse Notice, an executive of each Member (or a parent Affiliate of such Member) who has the authority to settle the Impasse and who is at a Senior Vice President or higher level of management of such Member (or such parent Affiliate) shall enter into good faith discussions to reach an agreement that will end the Impasse. If a decision is not made by common accord that ends the Impasse within 30 days after the date that such executives begin such discussions, then any Manager may declare an impasse of such executives (a “Senior Vice President Impasse”) by giving written notice to the other Managers (a “Senior Vice President Impasse Notice”). Within five Business Days after receipt of such Senior Vice President Impasse Notice, an executive of each Member (or a parent Affiliate of such Member) who has the authority to settle the Senior Vice President Impasse and who is at an Executive Vice President or higher level of management of such Member (or such parent Affiliate) shall enter into good faith discussions to reach an agreement that will end the Senior Vice President Impasse. If a decision is not made by common accord that ends the Senior Vice President Impasse within 30 days after the date that such executives begin such discussions, then any Manager may declare an impasse of such executives (an “Executive Vice President Impasse”) by giving written notice to the other Managers (an “Executive Vice President Impasse Notice”). Within five Business Days after receipt of such Executive Vice President Impasse Notice, the Chief Executive Officer of each Member (or the ultimate parent of such Member) shall enter into good faith discussions to reach an agreement that will end the Executive Vice President Impasse. If a decision is not made by common accord that ends the Executive Vice President Impasse within 30 days after the date that such executives begin such discussions, then any Manager may declare an impasse of such executives (a “Chief Executive Officer Impasse”) by giving written notice to the other Managers (a “Chief Executive Officer Impasse Notice”), and the Chief Executive Officer Impasse shall be submitted to non-binding mediati...
Executive Negotiations. The Parties will try to settle any dispute, controversy, or claim that arises out of, or relates to, any provision of the Agreement (“Disputed Matter”) by first referring the Disputed Matter to the Parties’ Executive Officers. Either Party may initiate such informal dispute resolution by sending written notice of the Disputed Matter to the other Party, and, within [***] after such notice, the Executive Officers (or their respective designees having the authority to settle such Disputed Matter) of the Parties will meet for attempted resolution by good faith negotiations. If the Executive Officers (or their respective designees) are unable to resolve such dispute within [***] after their first meeting for such negotiations, either Party may seek to have such dispute resolved in accordance with Section 17.3 below.
Executive Negotiations. The Parties will attempt in good faith to promptly resolve any dispute arising out of or relating to this Agreement, with negotiation between executives who have authority to settle the dispute and are at a higher level of management than the persons with direct responsibility to administer this Agreement. Any Party may give the other Party written notice of any dispute not resolved in the normal course of business. The notice will 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 fifteen (15) days after delivery of the notice, the receiving Party will respond with: (i) a statement of that Party's position and a summary of arguments supporting that position; and (ii) 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, both Parties’ executives will meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored except when prohibited by Law. All negotiations under this paragraph are confidential and will be treated as compromise and settlement negotiations for purposes of Law and rules of evidence.
Executive Negotiations. To resolve any disputes among the parties, Supplier or Customer must first provide written notice to the other, specifying in as much detail as possible the source or reason for the dispute and the resolution proposed by the notifying party. The receiving party shall respond in writing to any such notice within seven (7) business days after receipt. The receiving party may include in its reply a detailed description of any disputes it would like to resolve and the proposed resolutions. The first notifying party shall respond within seven (7) business days. If the dispute is not then resolved, there shall follow within seven (7) business days of the last written response a meeting between at least one representative of each party. Each party agrees to have present such person or persons who are authorized to fully and finally resolve the dispute. The purpose of this meeting shall be to discuss and negotiate in good faith the complete resolution of any outstanding dispute. The date and time shall be mutually agreed (within the stated period), and the location of the meeting shall be chosen by the party responding to the first notice. Each party shall bear its own costs (including travel expenses) incident to this negotiation and meeting.
Executive Negotiations. Unless indicated otherwise in writing, (a) in Disputes involving Owner and Contractor or (b) in Disputes involving Owner and Architect, such entities shall be referred to individually as a "Party" and collectively as the "Parties" to the ADR proceedings detailed herein. Also, (i) Architect or others, such as consultants, subcontractors, sub-subcontractors, and suppliers, shall participate in the ADR proceedings between Owner and Contractor or (ii) Contractor or others, such as consultants, subcontractors, sub-subcontractors, and suppliers, shall participate in the ADR proceedings between Owner and Architect to the extent that they are considered individually as a "necessary party" or collectively as the "necessary parties" to the ADR proceedings detailed herein. If there is any Dispute(s) unresolved through informal negotiations, the Parties and necessary parties, through their designated executives shall attempt to resolve such Dispute(s) through direct negotiations before or in lieu of engaging a Project Neutral as detailed below. These direct negotiations shall be between or among executives with authority to resolve the Dispute(s). To this effect, the executives shall reasonably consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a just and equitable resolution satisfactory to the Parties. These discussions are intended to be informal and must be conducted face-to-face. If negotiations between the executives do not result in the resolution of the Dispute(s) between or involving the Parties and any necessary parties, then the Parties may initiate Project Neutral proceedings with respect to the remaining Dispute(s).
Executive Negotiations. Subject to Section 2.3, Utility and Purchaser shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between a vice president of Utility or his or her designated representative and an executive of similar authority of Purchaser. Either party may give the other party written notice of any dispute which has not been resolved at a working level. Within a reasonable time after delivery of such notice, the executives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute.
