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. 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. 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. 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. 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. In the event of any dispute or deadlock arising from the Joint Steering Committee, or any other dispute arising under this Agreement, such matter shall be referred to the Executive Committee for resolution, prior to any further action being taken to resolve such dispute in accordance with the terms of this Article Twenty Eight. In addition, any strategic issues in connection with the collaboration of the parties may be referred by the Executive Committee to be decided at this level. The determination of the Executive Committee on any matter, as provided in this Section, shall be made as promptly as practicable, but in any event no later than twenty (20) Business Days following the referral of such matter to the Executive Committee; provided, however, that all parties shall provide to the Executive Committee all supporting information, data and documentation as may be available with respect to any such matter in the time limit specified. In the event the Executive Committee is unable to resolve any matter presented to it within applicable time limits, then any of the parties to this Agreement may refer the matter for outside dispute resolution in accordance with the terms of the remaining provisions of this Article Twenty Eight.
Executive Resolution. 51.1.3.1 For Problems that are not resolved as described in clause 51.1.2, negotiations shall be conducted by the Chief Information Officer or higher-level officer of Transnet and the Chief Information Officer or higher-level officer of Service Provider.
51.1.3.2 If such representatives are unable to resolve the Problem within 5 (five) Business Days after the Parties have commenced negotiations, or 15 (fifteen) days have passed since the initial request for negotiations at this level, then the Parties shall be entitled to discontinue negotiations and to seek to resolve the Problem through arbitration as hereinafter provided.
Executive Resolution. (a) Upon the occurrence of a Dispute, either Party may deliver a notice to the other Party (a "DISPUTE NOTICE") requesting that the Dispute be referred to the senior management of the Parties. Any Dispute Notice shall include the names of the senior management of the Party nominated to attempt to resolve the Dispute and a schedule of their availability during the eighteen (18) day period following the date of the delivery of the Dispute Notice. Any Dispute Notice shall be delivered promptly after the Dispute arises.
(b) Within three (3) days after receipt of a Dispute Notice, the other Party shall provide a notice to the requesting Party (the "RESPONSE NOTICE") indicating the names of the senior management of such other Party nominated to attempt to resolve the Dispute, and a schedule of their availability during the fifteen (15) day period following the date of the delivery of the Response Notice.
(c) During the fifteen (15) day period following the delivery of the Response Notice, the nominated members of the senior management of the Parties shall meet as frequently as possible and shall attempt in good faith to resolve the Dispute.
Executive Resolution. In the event of a dispute with respect to (a) the validity, interpretation or construction of this Agreement, (b) compliance with this Agreement or (c) a breach of this Agreement (a “Dispute”), a Party may provide the other Party with written notice of the Dispute, and the Parties agree to exercise reasonable efforts to resolve the Dispute in good faith by promptly engaging in discussions with duly authorized representatives of the Parties. If the Dispute cannot be resolved by such authorized representatives of the Parties within [***] ([***]) business days, the authorized representatives shall refer the Dispute to a meeting between a senior executive representing each Party (currently the [***] for Achaogen, and the [***] for Microgenics), which such senior executives shall participate in at least one in person meeting as soon as practicable, but in no event later than [***] ([***]) days after the date of the relevant referral. If the senior executives for Achaogen and Microgenics cannot resolve such Dispute in a mutually acceptable manner within [***] ([***]) business days after such meeting, then the Dispute shall be resolved exclusively by final and binding arbitration in accordance with Section 13.8.2.
