Informal Resolution of Disputes. 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 72 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 12.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 12.3 or Section 10.4.512.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 23 contracts
Samples: Interconnection Agreement, Interconnection and Resale Agreement, Interconnection and/or Resale Agreement
Informal Resolution of Disputes. 10.5.1 15.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 14.3 or Section 10.4.514.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 13 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
Informal Resolution of Disputes. 10.5.1 16.4.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 16.2 or Section 10.4.516.3, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 11 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 16.4.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 16.3 or Section 10.4.516.4., each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 Upon In the case of any dispute and upon receipt by one Party of notice of a the billing dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, form each Party will appoint a knowledgeableduly authorized representative knowledgeable in telecommunications matters, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may may, but are not obligated to, utilize other alternative Dispute Resolution dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were communications, which are not prepared for purposes of the negotiations negotiations, are not so exempted, exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.or
Appears in 3 contracts
Samples: LLC Agreement, Telecommunications, Telecommunications
Informal Resolution of Disputes. 10.5.1 46.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 46.3 or Section 10.4.546.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Partiesparties. Documents identified in or provided with such communications that were communications, which are not prepared for purposes of the negotiations negotiations, are not so exempted, exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 8.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 8.3.1 or Section 10.4.58.4.4, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 2 contracts
Samples: Wholesale Agreement, Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 Upon receipt by one Party of 32.4.1 When such written notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5has been given, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. .
32.4.2 The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. , but they shall use their best efforts to resolve the dispute within sixty (60) days.
32.4.3 Upon agreement, the representatives may utilize other alternative Dispute Resolution dispute resolution procedures such as mediation to assist in the negotiations. .
32.4.4 Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Partiesparties. Documents identified in or provided with such communications that were communications, which are not prepared for purposes of the negotiations negotiations, are not – 39 – so exempted, exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 2 contracts
Samples: CMRS Interconnection Agreement, CMRS Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative with the authority to resolve the dispute, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 Upon In the case of any dispute and upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5Dispute Notice, each Party will appoint a knowledgeableduly authorized representative knowledgeable in telecommunications matters, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreementThe representatives may, the representatives may but are not obligated to, agree to utilize other alternative Dispute Resolution dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were communications, which are not prepared for purposes of the negotiations negotiations, are not so exempted, exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.. Unless otherwise provided herein, or upon the Parties’ agreement, either Party may invoke formal dispute resolution procedures including arbitration or
Appears in 1 contract
Samples: Retail Services Reseller Agreement
Informal Resolution of Disputes. 10.5.1 16.4.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 16.3 or Section 10.4.516.4., each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution Resolu tion procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 1 contract
Samples: Interconnection Agreement
Informal Resolution of Disputes. 10.5.1 Upon receipt by one Party of 32.4.1 When such written notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5has been given, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. .
32.4.2 The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. , but they shall use their best efforts to resolve the dispute within sixty (60) days.
32.4.3 Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. .
32.4.4 Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Partiesparties. Documents identified in or provided with such communications that were communications, which are not prepared for purposes of the negotiations negotiations, are not so exempted, exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.
Appears in 1 contract
Samples: CMRS Interconnection Agreement