Executive Resolution Clause Samples
POPULAR SAMPLE Copied 2 times
Executive Resolution. The parties shall initially seek amicably to settle all disputes (each, a “Dispute”) arising out of or in connection with this Agreement by negotiation, which may include discussion at the JSC, subject to the Parties’ respective final decision making authority as set forth in Section 3.3(f) of the Research Agreement. If, within [***] after written notice by either Party of the existence of a Dispute, the Parties do not resolve such Dispute, then the Dispute shall be referred to the Designated Executive Officers from each Party for further negotiation. If the Designated Executive Officers of each Party cannot resolve such Dispute, then subject to Section 3.3(f) of the Research Agreement and Section 20.7 of this Agreement, such Dispute will be referred to final binding arbitration in accordance with Sections 20.2 through 20.6.
Executive Resolution. In the event that such dispute is not resolved within thirty (30) days of providing a notice of dispute, the dispute shall be taken to the Parties’ respective Chief Executive Officers (or their designees) for resolution. If these individuals are unable to resolve the dispute within thirty (30) days of the request for such meeting, then the Parties shall be free to pursue any avenue available to them under law or equity to resolve the dispute.
Executive Resolution. The Parties recognize that bona fide disputes may arise which relate to the Parties’ rights and obligations under this Agreement (“Disputed Matter”). In attempting to resolve any such Disputed Matters, the Disputed Matter shall first be elevated through each Party’s respective senior management representatives (in the case of Mylan, to its president or chief executive officer, and, in the case of Momenta, to its chief executive officer) for resolution. If the Disputed Matter remains unresolved [***] after referral to such senior management representatives, the Disputed Matter shall be resolved by binding dispute resolution proceedings in accordance with the procedure set forth in Section 12.11(b), except that, if the Disputed Matter is within the scope of the JSC pursuant to Section 3.6(b), the Disputed Matter shall be resolved pursuant to Section 12.11(c).
Executive Resolution. If any dispute or disagreement shall arise between the Parties in connection with or arising out of this Agreement, either Party may request in writing that the respective chief executive officers of the Seller and Buyer meet within ten (10) days and attempt to resolve the dispute. In the event such officers are unable to resolve such dispute within thirty (30) days after such notice, upon written request of either Party, such dispute shall be arbitrated pursuant to Section 8.2 below. Except as otherwise provided in this Agreement, any disagreement, dispute, controversy or claim arising out of or relating to this Agreement shall be settled exclusively and finally by commercial arbitration as provided below.
Executive Resolution. If any dispute arises related to this Agreement, a Work Assignment or any transaction governed by this Agreement or a Work Assignment, senior executives of all affected Parties, vested with authority to settle the dispute, will meet and attempt in good faith to resolve the dispute before resorting to court. The meeting will be held reasonably promptly at the request of any affected Party in the offices of the Party requesting the meeting, or if agreed, at another designated location.
Executive Resolution. Any Dispute, other than Disputes regarding quality under the Quality Agreement, must first be submitted to the officers designated below, or their appointed representatives, for attempted resolution by good faith negotiations for a period of at least thirty (30) calendar days. For MarkerCEO (or the CEO’s designee) For SupplierCEO (or the CEO’s designee) If the representatives of the Parties or Guarantors designated in accordance with the above are not able to resolve any Dispute within such thirty (30) calendar day period, either Party or Guarantor (as applicable) may invoke the provisions set forth in Section 15.3. The Parties agree to comply with any Dispute process set forth in the Quality Agreement for all quality related Disputes.
Executive Resolution. If any dispute arises between the parties relating to the interpretation, breach or performance of this Agreement or the grounds for the termination thereof, the parties agree that before submitting such dispute to arbitration as set forth in Section 17.2 below, the Presidents (or equivalent level) of each party shall, for a period of thirty (30) days after such dispute is formally submitted to either of such Presidents in writing, attempt in good faith to negotiate a resolution of the dispute. The foregoing shall not be interpreted to preclude either party from seeking and obtaining from the appropriate court provisional remedies such as attachment, preliminary injunction, replevin, etc. to avoid irreparable harm, maintain the status quo, or preserve the subject matter of the dispute.
Executive Resolution. The Parties agree to use good-faith efforts to resolve all Disputes. If such Dispute remains unresolved after twenty (20) days, it will be referred to the chief executive officers of each Party for resolution in good faith. If such Dispute remains unresolved for an additional twenty (20) days, the Dispute may be submitted for binding arbitration as set forth in this Article 23.
Executive Resolution. The Parties desire to resolve disputes arising out of this Agreement without litigation. Notwithstanding Section 10.1, in the event of a dispute concerning this Agreement, each Party shall in the first instance promptly bring the dispute to the attention of a director or person in a similar management position, and such persons shall use good faith efforts to arrive at an agreeable resolution through discussions between their respective organizations. If, after attempting to arrive at an agreeable resolution through good faith discussions at an appropriate level, the Parties are unable to agree upon a resolution, then either Party may submit the dispute to a court pursuant to Section 10.1. Notwithstanding the foregoing, neither Party shall be barred or delayed from seeking any injunctive relief or initiating such other action as is necessary to prevent such Party’s rights from being jeopardized in any way.
Executive Resolution. If any dispute arises between the Parties relating to the interpretation, breach or performance of this Agreement or the grounds for the termination thereof, the Parties agree that before submitting such dispute to arbitration as set ▇▇▇▇▇.▇▇ Section 8.2 below, the Presidents (or equivalent level) of each Party shall, for a period of thirty (30) days after such dispute is formally submitted to either of such Presidents in writing, attempt in good faith to negotiate a resolution of the dispute (including, if agreed by the Parties, retaining a third party manufacturing consultant to provide a review and render a decision). The foregoing shall not be interpreted to preclude either Party from seeking and obtaining from the appropriate court provisional remedies such as attachment, preliminary injunction, etc. to avoid irreparable harm, maintain the status quo, or preserve the subject matter of the dispute.