Hierarchy of Dispute Resolution Procedures Sample Clauses

Hierarchy of Dispute Resolution Procedures. Any dispute, controversy, or claim, whether based on contract, tort, statute, fraud, misrepresentations, or any other legal theory between the Company, on the one hand, and you, on the other hand (a “Dispute”), that arises out of or relates to this Agreement or any obligations or related services to be provided under this Agreement, shall be resolved in accordance with the procedures described in this Section 9(j). In the case of a Dispute, the parties shall establish an internal hierarchy to facilitate resolution of any Dispute as set forth below: (A) Upon written request of the Company or you , the Company shall appoint one designated representative and you shall either represent yourself or appoint one designated representative whose task it shall be to meet for the purpose of endeavoring to resolve such Dispute. Before any initial meeting, the designated representative shall provide to each party written notice of any Dispute, which notice shall include a detailed description of the claim or dispute sufficient to allow a full analysis and complete response. Each party shall exercise good faith in providing its response to any claim or dispute, in advance of the first meeting between designated representatives. The designated representatives shall meet as often as the parties reasonably deem necessary to discuss the Dispute in an effort to resolve the Dispute without the necessity of any further proceeding. (B) The Company and you shall negotiate in good faith in an attempt to resolve the Dispute for a period of not greater than sixty (60) days after notice of the Dispute is received by the parties.
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Hierarchy of Dispute Resolution Procedures. For purposes of this Article XI, Cingular and SBCW will be treated as a single Party and T-Mobile and Purchaser will be treated as a single Party. Except as otherwise expressly set forth in this Article XI or in any Ancillary Agreement, any dispute, controversy or claim, other than a dispute or controversy concerning whether the condition described in Section 8.5 has been satisfied (a "DISPUTE"), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory between a Party and/or any Affiliate thereof, on the one hand, and any other Party and/or any Affiliate thereof on the other hand, that arises out of or relates to this Agreement or any Ancillary Agreement or any obligations or related services to be provided hereunder or thereunder shall be resolved in accordance with the procedures described in this Article XI. Except as provided in Section 11.3, in the case of a Dispute, the Parties agree to establish an internal hierarchy to facilitate resolution of any such Dispute as set forth below: (a) Upon written request of any Party, each Party shall appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such CINGULAR WIRELESS LLC EXHIBITS - Interest Purchase Agreement by and among T-Mobile USA, Inc., Omnipoint Communications, Inc., Cingular Wireless LLC and SBC Wireless LLC dated as of May 24, 2004. EXHIBIT 10.66
Sample 1
Hierarchy of Dispute Resolution Procedures. Except as otherwise expressly set forth herein or in any other agreement between the parties, any dispute, controversy or claim (a "DISPUTE"), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory between one or more of the parties hereto and/or any affiliate thereof, that arises out of or relates to this Agreement, the Related Agreements, or any obligations provided for in this Agreement or the Related Agreements, shall be resolved in accordance with the procedures described in this Article IX. The parties agree to establish a hierarchy to facilitate resolution of any such Dispute as set forth below: (a) Upon written request of any party, each party shall appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such Dispute. The designated representatives shall meet as often as the parties reasonably deem necessary to discuss the problem in an effort to resolve the Dispute without the necessity of any formal proceeding. (b) In the event that such representatives are unable to resolve the Dispute within thirty (30) days after the Dispute is submitted to them, or if after ten (10) days any party determines in good faith prior to the expiration of such period that such representatives are unlikely to be able to resolve such matter, the Dispute shall be immediately referred by written notice to a senior officer of such parties for consideration. In the event that such senior officers are unable to resolve such Dispute within ten (10) days after the Dispute is submitted to them, then the Dispute shall be submitted to arbitration in accordance with Section 9.2. Notwithstanding the ten (10) and thirty (30) day periods specified above for attempts to resolve a Dispute by the applicable representatives or officers of the parties at a particular level, if one party at any time wishes to accelerate the interparty dispute resolution process by referring the Dispute to a higher level prior to the end of such stated time period, the other party shall endeavor to accommodate such request so long as its interests are not materially prejudiced by such acceleration.
Sample 1
Hierarchy of Dispute Resolution Procedures. Any dispute, controversy, or claim, whether based on contract, tort, statute, fraud, misrepresentations, or any other legal theory (i) between Seller, the Principals and/or any of their Affiliates, on the one hand, and Buyer and/or any of its Affiliates, on the other hand (a “Dispute”), that arises out of or relates to this Agreement or any obligations or related services to be provided under this Agreement, shall be resolved in accordance with the procedures described in this Section 13.12. In the case of a Dispute, the parties shall establish an internal hierarchy to facilitate resolution of any Dispute as set forth below: (i) Upon written request of Seller or Buyer, Seller shall appoint one designated representative and Buyer shall appoint one designated representative whose task it shall be to meet for the purpose of endeavoring to resolve such Dispute. Before any initial meeting, the designated representative shall provide to each party written notice of any Dispute, which notice shall include a detailed description of the claim or dispute sufficient to allow a full analysis and complete response. Each party shall exercise good faith in providing its response to any claim or dispute, in advance of the first meeting between designated representatives. The designated representatives shall meet as often as the parties reasonably deem necessary to discuss the Dispute in an effort to resolve the Dispute without the necessity of any further proceeding. (ii) Seller and Buyer shall negotiate in good faith in an attempt to resolve the Dispute for a period of not greater than sixty (60) days after notice of the Dispute is received by the parties.
Sample 1
Hierarchy of Dispute Resolution Procedures. For purposes of this Article 17, Cingular and the AWS Parties shall be treated as separate unrelated parties prior to the consummation of the Merger, and as of the consummation of the Merger as a single party, and the Triton Parties shall be treated as a single party. Except as otherwise expressly set forth in Section 2.2(b), Section 6.2(c), this Article 17 or any other provision hereof that contemplates specific dispute resolution procedures, any dispute, controversy or claim whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory between a party and/or any Affiliate thereof, on the one hand, and any other party and/or any Affiliate thereof on the other hand, that is asserted pursuant to an Arbitration Demand (as defined below) delivered after the First Closing out of or relating to this Agreement or any Transaction Document or any obligations or related services to be provided hereunder or thereunder (a “Dispute”), shall be resolved in accordance with the procedures described in this Article 17. In the case of a Dispute, the parties agree to establish an internal hierarchy to facilitate resolution of any such Dispute as set forth below. (a) Upon written request of any party, each party shall appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such Dispute. Such written request shall constitute notice to the other party of the Dispute. The written notice shall include a description of the Dispute and shall be sent to the other party via facsimile and first class mail. The designated representatives shall meet as often as the parties reasonably deem necessary to discuss the Dispute in an effort to resolve the Dispute without the necessity of any formal proceeding. The parties’ designated representatives shall have their first meeting, pursuant to this subsection, within ten Business Days from receipt of the written request for such meeting. (b) In the event that such representatives are unable to resolve the Dispute within 20 Business Days after the Dispute is submitted to them, as described above in Section 17.1 (a), or if after at least two meetings and ten Business Days following the submission either party determines in good faith that such representatives are unlikely to be able to resolve such matter, the Dispute shall be immediately referred by written notice to an executive officer of each of such parties for consideration. In the event that such executive ...
Sample 1
Hierarchy of Dispute Resolution Procedures. Except as otherwise expressly set forth herein or in any Ancillary Agreement and except as required by the Act, any dispute, controversy or claim (a "Dispute"), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory (i) between a Member and/or any Affiliate thereof, on the one hand, and any other Member and/or any Affiliate thereof on the other hand (a "Direct Dispute"), or (ii) between a Member and/or any Affiliate thereof, on the one hand, and the Company on the other hand (an "Indirect Dispute"), that arises out of or relates to this Agreement or any Ancillary Agreement or any obligations or related services to be provided hereunder or thereunder, other than any dispute as to valuation of an asset that is subject to an appraisal procedure hereunder or thereunder, shall be resolved in accordance with the procedures described in this Article XII. In the case of any Indirect Dispute, including any determination on behalf of the Company as to whether the Company has any potential claim against a Member or a related Affiliate, the parties hereby acknowledge that the Members (and related Affiliates) other than the Member (and related Affiliates) directly involved in such Indirect Dispute should be deemed to be the real party in interest with respect to the Company's side of such Indirect Dispute and accordingly agree that in such Indirect Dispute, the non-interested Members, if any, shall have the authority to represent the interests of the Company in such Indirect Dispute, acting by majority vote based on the Percentage Interests held by such non-interested Members. In such a case, the Company shall reimburse the parties representing its interests for any reasonable attorneys' fees or other expenses reasonably incurred by such parties in their representation of the Company's interests. In the case of either a Direct Dispute or Indirect Dispute, the parties agree to establish an internal hierarchy to facilitate resolution of any such Dispute as set forth below: (a) Upon written request of any Member, each Member shall appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such Dispute. The designated representatives shall meet as often as the parties reasonably deem necessary to discuss the problem in an effort to resolve the Dispute without the necessity of any formal proceeding. (b) In the event that such representatives are unable to resolve the Dispute within thirty...
Sample 1
Hierarchy of Dispute Resolution Procedures. Except as otherwise expressly set forth herein, any dispute, controversy or claim, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory between the Company or the Shareholders, on the one hand, and Parent and/or any Affiliate thereof on the other hand (a “Dispute”), that arises out of or relates to this Agreement, or any obligations or related services to be provided hereunder, will first attempt to be resolved by negotiation in accordance with the procedures described in this Section 9.1, before either Parent or any Affiliate or any Shareholder commences any litigation. In the case of a Dispute, the parties will establish an internal hierarchy to facilitate resolution of any Dispute as set forth below: (i) Upon written request of the parties to a Dispute, each of the parties to a Dispute will appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such Dispute. Prior to any initial meeting, the designated representative will provide to each party written notice of any Dispute, which notice will include a detailed description of the claim or dispute sufficient to allow a full analysis and complete response. Each party will exercise good faith in providing its response to any claim or dispute, in advance of the first meeting between or among designated representatives. The designated representatives will meet as often as the parties reasonably deem necessary to discuss the Dispute in an effort to resolve the Dispute without the necessity of any further proceeding. (ii) Each of the Shareholders, the Company and Parent or any Affiliate will negotiate in good faith in an attempt to resolve the Dispute for a period of not greater than thirty (30) days after notice of the Dispute is received by the parties.
Sample 1
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Hierarchy of Dispute Resolution Procedures. Except as otherwise expressly set forth in this Article 10 or in the System Access Agreement, any dispute, controversy or claim (a "Dispute"), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory between a Party and/or any Affiliate thereof, on the one hand, and any other Party and/or any Affiliate thereof on the other hand, that arises out of or relates to this Agreement or the System Access Agreement or any obligations or related services to be provided hereunder or thereunder shall be resolved in accordance with the procedures described in this Article 10. In the case of a Dispute, the Parties agree to establish an internal hierarchy to facilitate resolution of any such Dispute as set forth below: (a) Upon written request of any Party, each Party shall appoint a designated representative whose task it will be to meet for the purpose of endeavoring to resolve such Dispute. Such written request shall constitute notice to the other Party of the Dispute. The written notice shall include a short description of the Dispute and shall be sent to the other Party via facsimile and first class mail. The designated representatives shall meet as often as the Parties reasonably deem necessary to discuss the Dispute in an effort to resolve the Dispute without the necessity of any formal proceeding. The Parties' designated representatives shall have their first meeting, pursuant to this subsection, within five (5) business days from receipt of the written request for such meeting. (b) In the event that such representatives are unable to resolve the Dispute within fifteen (15) days after the Dispute is submitted to them, as described above in Section 10.1(a), the Dispute shall be submitted to arbitration in accordance with Section 10.2.
Sample 1
Hierarchy of Dispute Resolution Procedures. Except as otherwise expressly set forth in this Article 11 or in the Wholesale Agreement, any dispute, controversy or claim (a "Dispute"), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory between a Party and/or any Affiliate thereof, on the one hand, and any other Party and/or any Affiliate thereof on the other hand, that arises out of or relates to this Agreement or the Wholesale Agreement or any obligations or related services to be provided hereunder or thereunder shall be resolved in accordance with the procedures described in this Article
Sample 1

Related to Hierarchy of Dispute Resolution Procedures

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute. (b) If the Receiver and the Assuming Institution fail to resolve any outstanding SF Shared-Loss Dispute Items by the Resolution Deadline Date, then either party may notify the other of its intent to submit the SF Shared-Loss Dispute Item to arbitration pursuant to the provisions of this Article VII. Failure of either party to submit pursuant to paragraph (c) hereof any unresolved SF Shared-Loss Dispute Item to arbitration within thirty (30) days following the Resolution Deadline Date (the date on which such thirty (30) day period expires is herein called the “Arbitration Deadline Date”) shall extinguish that party’s right to submit the non-submitted SF Shared-Loss Dispute Item to arbitration, and constitute a waiver of the submitting party’s right to dispute such non-submitted SF Shared-Loss Dispute Item (but not a waiver of any similar claim which may arise in the future). (c) If a SF Shared-Loss Dispute Item is submitted to arbitration, it shall be governed by the rules of the American Arbitration Association (the “AAA”), except as otherwise provided herein. Either party may submit a matter for arbitration by delivering a notice, prior to the Arbitration Deadline Date, to the other party in writing setting forth: (i) A brief description of each SF Shared-Loss Dispute Item submitted for arbitration; (ii) A statement of the moving party’s position with respect to each SF Shared-Loss Dispute Item submitted for arbitration; (iii) The value sought by the moving party, or other relief requested regarding each SF Shared-Loss Dispute Item submitted for arbitration, to the extent reasonably calculable; and (iv) The name and address of the arbiter selected by the moving party (the “Moving Arbiter”), who shall be a neutral, as determined by the AAA. Failure to adequately include any information above shall not be deemed to be a waiver of the parties right to arbitrate so long as after notification of such failure the moving party cures such failure as promptly as reasonably practicable. (d) The non-moving party shall, within thirty (30) days following receipt of a notice of arbitration pursuant to this Section 7.1, deliver a notice to the moving party setting forth: (i) The name and address of the arbiter selected by the non-moving party (the “Respondent Arbiter”), who shall be a neutral, as determined by the AAA; (ii) A statement of the position of the respondent with respect to each Dispute Item; and (iii) The ultimate resolution sought by the respondent or other relief, if any, the respondent deems is due the moving party with respect to each SF Shared-Loss Dispute Item. Failure to adequately include any information above shall not be deemed to be a waiver of the non-moving party’s right to defend such arbitration so long as after notification of such failure the non-moving party cures such failure as promptly as reasonably practicable (e) The Moving Arbiter and Respondent Arbiter shall select a third arbiter from a list furnished by the AAA. In accordance with the rules of the AAA, the three (3) arbiters shall constitute the arbitration panel for resolution of each SF Loss-Share Dispute Item. The concurrence of any two (2) arbiters shall be deemed to be the decision of the arbiters for all purposes hereunder. The arbitration shall proceed on such time schedule and in accordance with the Rules of Commercial Arbitration of the AAA then in effect, as modified by this Section 7.1. The arbitration proceedings shall take place at such location as the parties thereto may mutually agree, but if they cannot agree, then they will take place at the offices of the Corporation in Washington, DC, or Arlington, Virginia. (f) The Receiver and Assuming Institution shall facilitate the resolution of each outstanding SF Shared-Loss Dispute Item by making available in a prompt and timely manner to one another and to the arbiters for examination and copying, as appropriate, all documents, books, and records under their respective control and that would be discoverable under the Federal Rules of Civil Procedure.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • Arbitration Procedures In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the superintendent within ten (10) days following the decision in Level III of the grievance procedure.

  • GRIEVANCE AND ARBITRATION PROCEDURES A. A grievance is a dispute, claim, or complaint arising under this Agreement, filed by either an authorized representative of or an employee in the Bargaining Unit, or the County, involving the interpretation or application of this Agreement. All discipline shall be for just cause. B. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: Step 1. The aggrieved employee shall be accorded fifteen (15) working days from the occurrence of the action or event or when the employee has knowledge or should have had knowledge of the action or the event giving rise to the complaint to seek resolution on an informal basis. The Employee must discuss his alleged grievance with the Airport Fire Chief and the Fire Rescue Division Director. If informal resolution is not accomplished, the employee, if a Union member, must present the proposed grievance in writing to a Union officer on or before the fifteenth (15th) working day for consideration by the Union Grievance committee. If, in the Committee's opinion, no reasonable grievance exists, no further action may be taken. Step 2. If the Committee wishes to pursue the member's complaint, a written grievance shall be presented to the Director of the Fire Rescue Division or his designee within twenty (20) working days from the occurrence of the action or event giving rise to the grievance or from the date on which the employee reasonably should have had knowledge of that occurrence. A written grievance must be presented on a grievance form provided by the County in Appendix A. Upon receipt of a formal grievance or a class action submitted by the Union, the Fire Rescue Division Director or his designee shall investigate the facts and conduct a meeting within five (5) working days with the aggrieved employee and any other persons possessing knowledge considered critical by the Director. The aggrieved employee may be accompanied at this meeting by a local Union representative. The Fire Rescue Division Director or his designee shall notify the grievant of his decision no later than five (5) working days following the date of the meeting. Step 3. If the grievance is not resolved at the second step, the aggrieved employee shall present the written grievance within five (5) working days of the Step 2 decision to the Department Head. The Department Head or his designee shall investigate the facts and may conduct a hearing within five

  • CENTRAL DISPUTE RESOLUTION PROCESS The following process pertains exclusively to disputes and grievances on central matters that have been referred to the central process. In accordance with the School Board Collective Bargaining Act, 2014 central matters may also be grieved locally, in which case local grievance processes will apply. In the event that central language is being grieved locally, the local parties shall provide the grievance to their respective central agents.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Dispute Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

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