Impasses. In the event the parties cannot reach agreement, either party may request assistance from the FMCS. If the matter remains unresolved, either party may request impasse resolution assistance from the FSIP.
Impasses. In the event of an impasse, either party may request the services of the Federal Mediation and Conciliation Service. If after this there are issues still unresolved, either party may petition the Federal Service Impasses Panel to settle the issue using the FSIP’s procedures.
Impasses. In the event of an impasse at any level, the parties may agree to invoke mediation. If unsuccessful or if the parties do not agree to invoke media- tion, either party may request assistance from the Federal Mediation and Concili- ation Service (FMCS). If the matter remains unresolved, either party may request impasse resolution assistance from the Federal Services Impasses Panel (FSIP).
Impasses. In AC events, Appendix 7 of these Sports Regulations will apply if an impasse develops.
Impasses. Impasses in impact and mid-term bargaining negotiations at the local level will be resolved in accord with Article 51 of this contract.
Impasses. If at any time after the second anniversary of this Agreement, the board or Shareholders (as applicable) reach an impasse, which impasse, if unresolved, precludes the continuing performance by NewCo under any material contract to which it is a party or the operation of any significant part of NewCo's business, and such impasse is not resolved within fifteen (15) calendar days thereafter, the issue shall immediately be referred to the chief executives (or similar officers) of the Shareholders for resolution. If these individuals are unable to agree upon a resolution within fifteen (15) calendar days after referral of such impasse to them, then an impasse is deemed to have been reached. If an impasse is reached, either PriceSmart or Gigante may offer to purchase the other's interests in NewCo and its subsidiaries ("Buy-Sell Offer"). Within fifteen days after receipt of the Buy-Sell Offer, the offeree Shareholder must elect, by written notice to the offeror Shareholder, either (a) to sell the offeree Shareholder's Shares to the offeror Shareholder at the price per share specified in the Buy-Sell Offer, or (b) to purchase the offeror Shareholder's shares at the price per share specified in the Buy-Sell Offer. Any such transaction shall close on the latter of sixty (60) calendar days following receipt of the Buy-Sell Offer or the date on which all necessary approvals are received, with payment to be made in accordance with Section 12.2 and the purchasing party having the rights specified in Section 12.3 or 12.4, as the case may be. If the offeree Shareholder fails to respond to this Buy-Sell Offer, within the allotted time, the offeror Shareholder shall have the right to seek specific performance of a sale of the offeree Shareholder's shares at ten percent (10%) less than the Buy-Sell offer.
Impasses. (A) In the event impasse is declared, the parties agree to mediation by the California State Mediation and Conciliation Service. If a mediation meeting cannot be scheduled within 30 calendar days of the written declaration of impasse, either party may proceed to the next step.
Impasses. As provided in Sections 9.1.7 and 9.2.4 of this Agreement, action by the Board and by the Shareholders with respect to certain specified matters require super-majority approval. Any such proposition which does not receive super-majority approval shall be deemed defeated, except that if at any time the Board or Shareholders (as applicable) reaches such an impasse on an issue with respect to Newco's rights or obligations (as distinguished from the rights or obligations between the Shareholders themselves) which impasse, if unresolved, precludes the continuing performance by Newco under any contract to which it is a party or the operation of any significant part of Newco's business and such impasse is not resolved within five (5) days thereafter, the issue shall immediately be referred jointly to the chief executive of PriceSmart and the chief executive of PSC for resolution. If these individuals are unable to agree upon a resolution within five (5) days after referral of such impasse to them, then an impasse is deemed to have been reached and the Buy-Sell provisions of this Section 12 of this Agreement shall become applicable.
Impasses. In the event of an impasse at any level, either Party may invoke mediation and, if unsuccessful, the mediator will release the Parties to the Federal Services Impasses Panel (FSIP) to consider the matter, or by mutual agreement, may refer the matter to binding arbitration.
Impasses. In the event of an impasse at any level, the Parties may agree to invoke mediation. If unsuccessful or if the Parties do not agree to invoke mediation, either Party may request assistance from the Federal Mediation and Conciliation Service. If the matter remains unresolved, either Party may request impasse resolution assistance from the Federal Services Impasses Panel (FSIP). Alternatively, by mutual agreement, the Parties may refer the matter to binding arbitration in accordance with Article 10.
