Common use of Formal Dispute Resolution Clause in Contracts

Formal Dispute Resolution. The disputing party shall invoke formal dispute resolution procedures, within the time period provided in the preceding subparagraph, by serving on the counterparty a written Statement of Position regarding the matter in dispute. The Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting the disputing party’s position and any supporting documentation and legal authorities relied upon by the disputing party. The counterparty shall serve its Statement of Position within 30 Days of receipt of the disputing party’s Statement of Position, which shall also include, but need not be limited to, any factual data, analysis, or opinion supporting the counterparty’s position and any supporting documentation and legal authorities relied upon by the counterparty. If the disputing parties are unable to consensually resolve the dispute within 30 Days after the counterparty serves its Statement of Position on the disputing party, the disputing party may file with the Court a motion for judicial review of the dispute in accordance with the following subparagraph.

Formal Dispute Resolution. The disputing A party shall may invoke formal dispute resolution procedures, within the time period provided in the preceding subparagraph, by serving on the counterparty a written Statement statement of Position regarding position setting forth the relevant facts and legal principles applicable to the matter in disputedispute (the “Statement of Position”). The Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting the disputing party’s position and any supporting documentation and legal authorities relied upon by the disputing party. The counterparty shall serve its Statement of Position within 30 Days thirty (30) calendar days of receipt of the disputing party’s Statement of Position, which shall also include, but need not be limited to, any factual data, analysis, or opinion supporting the counterparty’s position and any supporting documentation and legal authorities relied upon by the counterparty. If the disputing parties are unable to consensually resolve the dispute within 30 Days thirty (30) calendar days after the counterparty serves its Statement of Position on the disputing party, or earlier, by mutual agreement of the disputing parties, either party may file with the Court a motion for judicial review of the dispute in accordance with the following subparagraphsubsection (d).