Common use of Informal Dispute Resolution Procedures Clause in Contracts

Informal Dispute Resolution Procedures. The parties to a Dispute initially will attempt to resolve the Dispute informally, in accordance with the following: 2.1 Upon the written notice by a party (“Notice of Dispute”) to the other party or parties of a Dispute, each party will appoint an executive officer or officers (each a “Representative”) with authority to resolve the Dispute. 2.2 The designated Representatives will gather relevant information and meet in person or confer by telephone as often as the parties reasonably deem necessary to discuss such information and attempt to resolve the Dispute without the necessity of any formal proceeding. 2.3 If the parties are unable to resolve the Dispute informally within forty-five (45) days after receiving the Notice of Dispute, any party to the Dispute may initiate arbitration as described in paragraph 3. 2.4 All negotiations pursuant to this paragraph 2 concerning informal dispute resolution will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Appears in 3 contracts

Samples: Distribution Agreement, Fujitsu Distribution Agreement (Spansion Inc.), Fujitsu Distribution Agreement (Spansion Inc.)

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Informal Dispute Resolution Procedures. The parties to a Dispute initially will attempt to resolve the Dispute informally, in accordance with the following: 2.1 a. Upon the written notice by a party (“Notice of Dispute”) to the other party or parties of a Dispute, each party will appoint an executive officer or officers (each a “Representative”) with authority to resolve the Dispute. 2.2 b. The designated Representatives will gather relevant information and meet in person or confer by telephone as often as the parties reasonably deem necessary to discuss such information and attempt to resolve the Dispute without the necessity of any formal proceeding. 2.3 c. If the parties are unable to resolve the Dispute informally within forty-five (45) days after receiving the Notice of Dispute, any party to the Dispute may initiate arbitration as described in paragraph 33 below. 2.4 d. All negotiations pursuant to this paragraph 2 above concerning informal dispute resolution will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Appears in 1 contract

Samples: Foundry Agreement (Spansion Technology LLC)

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