Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows: A. If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager shall promptly consult with Customer’s program manager in an effort to reach an agreement to resolve the Dispute. B. In the event that agreement cannot be reached within ten (10) days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A above for resolution of the Dispute. C. In the event agreement cannot be reached within twenty (20) days of receipt of written notice (including the ten (10) days provided for in Paragraph B), either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute. D. In the event (i) agreement cannot be reached as provided in Paragraphs A, B, or C above within a total of thirty (30) days after receipt of the written notice described in Paragraph A above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed in accordance with Article 33.3.2 (Arbitration).
Appears in 4 contracts
Samples: Commercial Satellite Delivery Contract (Satelites Mexicanos Sa De Cv), Commercial Satellite Delivery Contract (Satelites Mexicanos Sa De Cv), Commercial Satellite Delivery Contract (Satelites Mexicanos Sa De Cv)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager Contractor's Project Manager shall promptly consult with Customer’s program manager Owner's Project Manager in an effort to reach an agreement to resolve the Dispute.
B. (b) In the event that agreement cannot be reached within ten five (105) days Calendar Days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within twenty (20) days a total of receipt of written notice (including the ten (10) days provided for Calendar Days after receipt of the written notice described in Paragraph B)paragraph (a) above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of Party, and such executives shall meet during such time to resolve the Dispute.
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty twenty (3020) days Calendar Days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 22.2 (Arbitration).
Appears in 4 contracts
Samples: Contract for Engineering and Construction (Xm Satellite Radio Holdings Inc), Contract for Engineering and Construction (Xm Satellite Radio Holdings Inc), Contract for Engineering and Construction of Terrestrial Repeater Network System (Xm Satellite Radio Holdings Inc)
Informal Dispute Resolution. Prior Subject to the provisions of Article 27.3 (Litigation), prior to or concurrent with the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager The Contractor Program Manager shall promptly consult with Customer’s program manager the Customer Program Manager in an effort to reach an agreement to resolve the Dispute.
B. (b) In the event that agreement cannot be reached within ten (10) days Calendar Days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within a total of twenty (20) days of Calendar Days after receipt of the written notice described in paragraph (including the ten (10a) days provided for in Paragraph B)above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of Party, and such executives shall meet during such time to resolve the Dispute.
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty (30) days Calendar Days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 27.2 (Arbitration).
Appears in 3 contracts
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc), Satellite Purchase Contract (Xm Satellite Radio Holdings Inc), Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. 18.1.1 If, during in connection with the course performance of the Workthis Contract, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. BoeingContractor’s program manager Launch Program Manager shall promptly consult with Customer’s program manager Launch Program Manager in an effort to reach an agreement to resolve the Dispute.
B. 18.1.2 In the event that agreement the Contractor’s and Customer’s Launch Program Managers cannot be reached resolve the Dispute within ten fifteen (1015) days Business Days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A above the appropriate Executive Vice President (EVP) or equivalent of each Party for resolution of the Dispute.
C. 18.1.3 In the event agreement that the Contractor’s EVP and Customer’s EVP cannot be reached resolve the Dispute within twenty fifteen (2015) days Business Days of receipt of written notice (including the ten (10) days provided for in Paragraph B)notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute.
D. 18.1.4 In the event (i) agreement a resolution cannot be reached as provided in Paragraphs ASections 18.1.1, B, 18.1.2 or C 18.1.3 above within a total of thirty (30) days [***…***] Business Days after receipt of the written notice described in Paragraph A Section 18.1.1 above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed in accordance with Article 33.3.2 (Arbitration)Section 18.2.
Appears in 3 contracts
Samples: Contract for Launch Services (Iridium Communications Inc.), Contract for Launch Services (Iridium Communications Inc.), Contract for Launch Services (Iridium Communications Inc.)
Informal Dispute Resolution. Prior to the initiation of formal dispute Dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager Contractor Program Manager shall promptly consult with Customer’s program manager Purchaser Contract Manager in an effort to reach an agreement to resolve the Dispute.
B. In the event that agreement cannot be reached within ten (10) days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A (A) above for resolution of the Dispute.
C. In the event agreement cannot be reached within twenty (20) days of receipt of written notice (including the ten (10) days provided for in Paragraph B)notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute.
D. In the event (i) agreement cannot be reached as provided in Paragraphs A, B, or under paragraphs A – C above of this Article 25.1 within a total of thirty (30) days after receipt of the written notice described in Paragraph A above, and Article 25.1 (A) or (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 (Arbitration)25.2.
Appears in 2 contracts
Samples: Contract for Terrestar 1 (Terrestar Corp), Contract for Terrestar 2 (Terrestar Corp)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. 25.1.1 If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager Contractor Program Manager shall promptly consult with Customer’s program manager Purchaser Contract Manager in an effort to reach an agreement to resolve the Dispute.
B. 25.1.2 In the event that agreement cannot be reached within ten (10) days of receipt of written noticenotice under Article 25.1.1, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A Article 25.1.1 above for resolution of the Dispute.
C. 25.1.3 In the event agreement cannot be reached within twenty (20) days of receipt of written notice (including the ten (10) days provided for in Paragraph B)under Article 25.1.1, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent highest senior executive of each Party for resolution of the Dispute.
D. 25.1.4 In the event (i) agreement cannot be reached as provided in Paragraphs A, B, or C above within a total of thirty (30) days after of receipt of the written notice described in Paragraph A above25.1.1, and after application of Articles 25.1.1, 25.1.2, 25.1.3 or (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed in accordance with Article 33.3.2 (Arbitration)25.2 or Article 25.3, as applicable.
Appears in 2 contracts
Samples: Space Segment Contract (ICO Global Communications (Holdings) LTD), Space Segment Contract (ICO Global Communications (Holdings) LTD)
Informal Dispute Resolution. Prior Subject to the provisions of 22.2, prior to or concurrent with the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager The Contractor Program Manager shall promptly consult with Customer’s program manager the Customer Program Manager in an effort to reach an agreement to resolve the Dispute.
B. (b) In the event that agreement cannot be reached within ten (10) 10 days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within twenty (20) a total of 20 days of after receipt of the written notice described in paragraph (including the ten (10a) days provided for in Paragraph B)above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of Party, and such executives shall meet during such time to resolve the Dispute.
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty (30) 30 days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 (Arbitration)23.2.
Appears in 2 contracts
Samples: Satellite Purchase Agreement (Digitalglobe Inc), Satellite Purchase Agreement (Digitalglobe Inc)
Informal Dispute Resolution. Prior RCR and RDC agree that it is in both their best interests to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, disputes that arise under this Agreement in a timely quick and cost-effective inexpensive manner. To that end, as follows:
A. IfRCR and RDC commit to use their best efforts to resolve disputes informally. RDC and RCR shall each select a representative (individually, during a “Party Representative;” together, the course “Parties’ Representatives”) and notify each other in writing of the Work, a identity of their designated Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager shall promptly consult with Customer’s program manager in an effort to reach an agreement to resolve the Dispute.
B. In the event that agreement cannot be reached Representative within ten (10) days of receipt the date hereof. RDC and RCR may change their designated Party Representative from time to time upon written notice to the other Party. For disputes that arise as to any action, decision or performance of written notice, either Party may request that the Dispute be escalated, and the respective positions any of the Parties to this Agreement other than as set forth in Section 6.4, the Parties’ Representatives shall be forwarded negotiate with one another in good faith in order to an executive level higher than that under Paragraph A above for reach resolution of the Dispute.
C. dispute. Such negotiation shall commence within five (5) days of the date of the letter from one Party Representative to the other Party Representative notifying that Party of the nature of the dispute. In the event agreement that the Parties’ Representatives cannot be reached within twenty (20) days of receipt of written notice (including the ten (10) days provided for in Paragraph B), either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded agree to the Chief Executive Officer (CEO) or equivalent of each Party for a resolution of the Dispute.
D. In the event (i) agreement cannot be reached as provided in Paragraphs A, B, or C above dispute within a total of thirty (30) days after the commencement of negotiations, written notice of the dispute (the “Dispute Notice”), together with a statement describing the issues or claims, shall be delivered, within seventy-two (72) hours after the expiration of such thirty (30) day period, by each of the Parties’ Representatives to its respective senior officer or official (such senior officer or official to be selected by each of the Party Representatives in his or her sole discretion, provided such senior officer or official has authority to bind the respective Party). Within five (5) days after receipt of the written notice described in Paragraph A aboveDispute Notice, and (ii) a Party determines the senior officers or officials for both Parties shall negotiate in good faith that amicable resolution through continued negotiation of to resolve the Dispute does not appear likely, either Party may proceed in accordance with Article 33.3.2 (Arbitration)dispute.
Appears in 2 contracts
Samples: Distribution Agreement (Rentech Nitrogen Partners, L.P.), Stock Purchase Agreement (Rentech Inc /Co/)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedureslitigation, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. BoeingContractor’s program manager shall promptly consult with Customer’s program Purchaser contract manager in an effort to reach an agreement to resolve the Dispute.
B. In the event that agreement cannot be reached within ten (10) days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A above for resolution of the Dispute.
C. In the event agreement cannot be reached within twenty (20) days of receipt of written notice (including the ten (10) days provided for in Paragraph B)notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute.
D. In the event (i) agreement canis not be reached as provided in Paragraphs A, B, or C above within a total of thirty sixty (3060) days after receipt of the written notice described in Paragraph A above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed in accordance with Article 33.3.2 (Arbitration)25.2.
Appears in 2 contracts
Samples: Contract (Hughes Network Systems, LLC), Contract (Hughes Communications, Inc.)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedureslitigation, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (i) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. BoeingContractor’s program manager shall promptly consult with Customer’s program Purchaser contract manager in an effort to reach an agreement to resolve the Dispute.;
B. (ii) In the event that agreement cannot be reached within ten (10) days *** of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (i) above for resolution of the Dispute.;
C. (iii) In the event agreement cannot be reached within twenty (20) days *** of receipt of written notice (including the ten (10) days provided for in Paragraph B)notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute; and *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text.
D. (iv) In the event (i) agreement canis not be reached as provided in Paragraphs Aparagraphs (i), B(ii), or C (iii) above within a total of thirty (30) days *** after receipt of the written notice described in Paragraph A above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed in accordance with Article 33.3.2 (Arbitration)29.2.
Appears in 1 contract
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of Work in progress, either Party has cause to believe that the Workother Party's performance, a Party believes it has a Dispute with or plan for performance, is such that the obligations of the other Party, as stated in the disputing Contract will not be met, the Party shall give written notice thereof, which notice will describe of its objections and the Dispute reasons therefor and may recommend corrective action to be taken by the other Party. Boeing’s program manager Contractor's Program Manager shall promptly consult with Customer’s program manager ORION's Program Manager in an effort to reach an agreement to resolve overcome the Disputeobjections (first instance).
B. (b) In the event that agreement cannot be reached within ten (10) days of receipt of written notice, then either Party may request that the Dispute it be escalated, escalated and the respective positions of the Parties shall be forwarded to Contractor's Senior Executive and ORION's Senior Executive for discussion, and an executive level higher than that under Paragraph A above for resolution of the Disputeattempt shall be made to reach agreement (second instance).
C. (c) In the event agreement cannot be reached in the first instance or in the second instance within twenty thirty (2030) days of receipt of the written notice (including the ten (10) days provided for described in Paragraph BArticle 16.1(a), then either Party may request that the Dispute it be escalated, escalated and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party Contractor's President and ORION's President for resolution of the Dispute.
D. In the event objections (i) third instance). If agreement still cannot be reached as provided in Paragraphs A, B, or C above within a total of thirty ten (3010) days after receipt of the written notice described in Paragraph A above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likelyadditional days, either Party may proceed commence arbitration in accordance with Article 33.3.2 16.2.
(Arbitration)d) In the event of a dispute as to the performance of the Launched ORION-Z Spacecraft, the Parties agree to have an independent determination of the ORION-Z Spacecraft technical status performed by a mutually acceptable technically qualified third party. The costs incurred in retaining the third party shall be shared equally between Contractor and ORION. Such independent determination may be used by either Party in any arbitration under Article 16.2, but such determination shall not be binding upon the arbitrators.
Appears in 1 contract
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager Contractor's Project Manager shall promptly consult with Customer’s program manager 's Project Manager in an effort to reach an agreement to resolve the Dispute.
B. (b) In the event that agreement cannot be reached within ten five (105) days Calendar Days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute, which in the case of Contractor, shall be the Contractor Business Line Manager identified in Article 9.1 (Contractor Personnel) above.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within twenty (20) days a total of receipt of written notice (including the ten (10) days provided for Calendar Days after receipt of the written notice described in Paragraph B)paragraph (a) above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of Party, and such executives shall meet (in person or via telephone or video conference) during such time to resolve the Dispute.
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty twenty (3020) days Calendar Days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 232 (Arbitration).
Appears in 1 contract
Informal Dispute Resolution. Prior Subject to the provisions of 22.2, prior to or concurrent with the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager The Contractor Program Manager shall promptly consult with Customer’s program manager the Customer Program Manager in an effort to reach an agreement to resolve the Dispute. DigitalGlobe Proprietary and Confidential Use or disclosure of data is subject to the restriction on the title page of this document.
B. (b) In the event that agreement cannot be reached within ten (10) 10 days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within twenty (20) a total of 20 days of after receipt of the written notice described in paragraph (including the ten (10a) days provided for in Paragraph B)above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent senior executive officer of each Party for resolution of Party, and such executives shall meet during such time to resolve the Dispute.
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty (30) 30 days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 (Arbitration)22.2.
Appears in 1 contract
Informal Dispute Resolution. Prior Subject to the provisions of 22.2, prior to or concurrent with the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager The Contractor Program Manager shall promptly consult with Customer’s program manager the Customer Program Manager in an effort to reach an agreement to resolve the Dispute.
B. (b) In the event that agreement cannot be reached within ten (10) 10 days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within twenty (20) a total of 20 days of after receipt of the written notice described in paragraph (including the ten (10a) days provided for in Paragraph B)above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent senior executive officer of each Party for resolution of Party, and such executives shall meet during such time to resolve the Dispute.. DigitalGlobe Proprietary and Confidential Use or disclosure of data is subject to the restriction on the title page of this document
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty (30) 30 days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 (Arbitration)22.2.
Appears in 1 contract
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. 24.1.1 If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. BoeingContractor’s program manager shall promptly consult with CustomerPurchaser’s program manager in an effort to reach an agreement to resolve the Dispute.
B. 24.1.2 In the event that agreement the Contractor’s program manager and Purchaser’s program manager cannot be reached resolve the Dispute within ten (10) days [***…***] of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A above the appropriate Executive Vice President (EVP) or equivalent of each Party for resolution of the Dispute. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***. . .***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
C. 24.1.3 In the event agreement that the Contractor’s EVP and Purchaser’s EVP cannot be reached resolve the Dispute within twenty (20) days [***…***] of receipt of written notice (including the ten (10) days provided for in Paragraph B)notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute.
D. 24.1.4 In the event (i) agreement cannot be reached as provided in Paragraphs AArticles 24.1.1, B, 24.1.2 or C 24.1.3 above within a total of thirty (30) days [***…***] after receipt of the written notice described in Paragraph A above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, above either Party may proceed in accordance with Article 33.3.2 (Arbitration)24.2.
Appears in 1 contract
Samples: Authorization to Proceed (Iridium Communications Inc.)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Subject Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (A) If, during the course term of the Workthis Agreement, a Party believes it has a Dispute with the other Partyanother Party to this Agreement, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Subject Parties. Each Subject Party. Boeing’s program manager (in the case of a Customer) and program manager (in the case of Boeing) shall promptly consult with Customer’s program manager each other in an effort to reach an agreement to resolve the Dispute.
B. (B) In the event that agreement cannot be reached within ten (10) days of receipt of written notice, either any Subject Party may request that the Dispute be escalated, and the respective positions of the Subject Parties shall be forwarded to an executive level higher than that under Paragraph A (A) above for resolution of the Dispute.
C. (C) In the event agreement cannot be reached within twenty (20) days of receipt of written notice (including the ten (10) days provided for in Paragraph (B), either any Subject Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Subject Party for resolution of the Dispute.
D. (D) In the event (i) agreement cannot be reached as provided in Paragraphs (A), (B), or C (C) above within a total of thirty (30) days after receipt of the written notice described in Paragraph A (A) above, and or (ii) a Subject Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either any Subject Party may proceed in accordance with Article 33.3.2 (Arbitration10.10(ii).
Appears in 1 contract
Samples: Master Procurement Agreement (Satelites Mexicanos Sa De Cv)
Informal Dispute Resolution. Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. 24.1.1 If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. BoeingContractor’s program manager shall promptly consult with CustomerPurchaser’s program manager in an effort to reach an agreement to resolve the Dispute.
B. 24.1.2 In the event that agreement the Contractor’s program manager and Purchaser’s program manager cannot be reached resolve the Dispute within ten (10) days [***…***] of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A above the appropriate Executive Vice President (EVP) or equivalent of each Party for resolution of the Dispute.
C. 24.1.3 In the event agreement that the Contractor’s EVP and Purchaser’s EVP cannot be reached resolve the Dispute within twenty (20) days [***…***] of receipt of written notice (including the ten (10) days provided for in Paragraph B)notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of the Dispute.
D. 24.1.4 In the event (i) agreement cannot be reached as provided in Paragraphs AArticles 24.1.1, B, 24.1.2 or C 24.1.3 above within a total of thirty (30) days [***…***] after receipt of the written notice described in Paragraph A above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, above either Party may proceed in accordance with Article 33.3.2 (Arbitration)24.2.
Appears in 1 contract
Samples: Authorization to Proceed (Iridium Communications Inc.)
Informal Dispute Resolution. Prior Subject to the provisions of Article 27.3 (Litigation), prior to or concurrent with the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:
A. (a) If, during the course of the Work, a Party believes it has a Dispute with the other Party, the disputing Party shall give written notice thereof, which notice will describe the Dispute and may recommend corrective action to be taken by the other Party. Boeing’s program manager The Contractor Program Manager shall promptly consult with Customer’s program manager the Customer Program Manager in an effort to reach an agreement to resolve the Dispute.
B. (b) In the event that agreement cannot be reached within ten (10) days Calendar Days of receipt of written notice, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to an executive level higher than that under Paragraph A paragraph (a) above for resolution of the Dispute.
C. (c) In the event agreement cannot be reached under paragraphs (a) or (b) above within a total of twenty (20) days of Calendar Days after receipt of the written notice described in paragraph (including the ten (10a) days provided for in Paragraph B)above, either Party may request that the Dispute be escalated, and the respective positions of the Parties shall be forwarded to the Chief Executive Officer (CEO) or equivalent of each Party for resolution of Party, and such executives shall meet during such time to resolve the Dispute.
D. (d) In the event (i) agreement cannot be reached as provided in Paragraphs Aunder paragraphs (a), B, (b) or C (c) above within a total of thirty (30) days Calendar Days after receipt of the written notice described in Paragraph A paragraph (a) above, and (ii) a Party determines in good faith that amicable resolution through continued negotiation of the Dispute does not appear likely, either Party may proceed with arbitration in accordance with Article 33.3.2 27.2 (Arbitration)) .
Appears in 1 contract
Samples: Satellite Purchase Contract (Xm Satellite Radio Holdings Inc)