Common use of Good Faith Participation Clause in Contracts

Good Faith Participation. Prior to the initiation of any litigation, the Parties shall in good faith attempt to settle any dispute arising out of or relating to this Agreement through the upper management escalation and non-binding mediation processes set forth herein. Good faith participation in these processes shall be a condition precedent to any litigation. All negotiations pursuant to this Article shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state’s rules of evidence.

Good Faith Participation. Prior to the initiation of any litigation, the Parties parties shall in good faith attempt to settle any dispute arising out of or relating to this Agreement Agreement, through the upper management escalation and non-binding mediation processes set forth herein. Good faith participation in these processes shall be a condition precedent to any litigation. All negotiations pursuant to this Article shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state’s rules of evidence.

Good Faith Participation. Prior to the initiation of any litigation, the Parties shall may attempt in good faith attempt to settle any dispute arising out of or relating to this Agreement through the upper management escalation and non-non- binding mediation processes set forth herein. Good faith participation in these processes shall be this process is a condition precedent to any litigation. All negotiations pursuant to this Article shall will be confidential and shall will be treated as compromise and settlement negotiations for purposes of ORS 40.190 (Oregon Rules of Evidence 408) and the Federal Rules of Evidence and any state’s rules of evidenceRule 408.