Common use of Initial Dispute Resolution Procedures Clause in Contracts

Initial Dispute Resolution Procedures. Any dispute, claim or controversy (a “Dispute”) arising out of or relating to this Agreement, including, without limitation, any such Dispute between the Company, Carrier Holders and Watsco Holders, shall be subject to the following dispute resolution procedure: first, such Dispute shall be addressed to the President of the Company and the President of the Carrier North America operating division (or equivalent level manager) for discussion and attempted resolution; second, if any such Dispute cannot be resolved by such individuals within twenty (20) business days from the date that the Dispute is submitted to such persons, then such Dispute shall be immediately referred to the appropriate, respective senior officer of each Member (provided, however, that in the case of Holdings III, such person shall be a senior officer of Watsco) (or equivalent level person) for discussion and attempted resolution; third, if any such Dispute cannot be resolved by such officers within twenty (20) business days from the date that the Dispute is submitted to such persons, then such Dispute shall be immediately referred to the appropriate, respective Chief Executive Officers of each Member (provided, however, that in the case of Holdings III, such person shall be the Chief Executive Officer of Watsco) (or equivalent level person) for discussion and attempted resolution; and fourth, if any such Dispute cannot be resolved by such Chief Executive Officers within twenty (20) business days from the date that the Dispute is submitted to such persons, then such Dispute shall be immediately referred to non-binding mediation as provided in Section 15.3(b) below.

Appears in 1 contract

Samples: Operating Agreement (Watsco Inc)

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Initial Dispute Resolution Procedures. Any dispute, claim or controversy (a “Dispute”) related to or arising out of or relating this Agreement (other than with respect to this Agreementany Dispute involving a Purchase Price Adjustment), including, without limitation, including any such Dispute between among the Company, Carrier Holders Seller and Watsco HoldersBuyer, shall be subject to the following dispute resolution procedure: first, such Dispute shall be addressed to the President of the Company and the President of the Carrier North America operating division (or equivalent level manager) for discussion and attempted resolution; second, if any such Dispute cannot be resolved by such individuals within twenty (20) business days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective senior officer of each Member (provided, however, that in the case of Holdings III, such person shall be a senior officer of Watsco) Seller and Buyer (or equivalent level person) for discussion and attempted resolution; third, if any such Dispute cannot be resolved by such officers within twenty (20) business days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective Chief Executive Officers of each Member (provided, however, that in the case of Holdings III, such person shall be the Chief Executive Officer of Watsco) Seller and Buyer (or equivalent level person) for discussion and attempted resolution; and fourth, if any such Dispute cannot be resolved by such Chief Executive Officers within twenty (20) business days from the date that the Dispute is submitted to such personsPersons, then such Dispute dispute shall be immediately referred to non-binding mediation as provided in Section 15.3(b12.03(b) below.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Watsco Inc)

Initial Dispute Resolution Procedures. Any dispute, claim or controversy (a “Dispute”) related to or arising out of or relating this Agreement (other than with respect to this Agreementany Dispute involving a Working Capital Adjustment, includingwhich is the subject of Section 1.6), without limitation, including any such Dispute between the Company, Carrier Holders and among Buyer and/or Seller and/or Watsco Holdersand/or Watsco Canada, shall be subject to the following dispute resolution procedure: first, such Dispute shall be addressed to the President of the Company and Buyer, the President of the Carrier North America operating Seller’s CCS Americas division (or equivalent level manager) or Senior Vice President of Watsco, as applicable, for discussion and attempted resolution; second, if any such Dispute cannot be resolved by such individuals within twenty (20) business days 20 Business Days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective senior officer of each Member (providedof Buyer, however, that in the case of Holdings III, such person shall be a senior officer of Watsco) Seller or Watsco (or equivalent level person) ), as applicable, for discussion and attempted resolution; third, if any such Dispute cannot be resolved by such officers within twenty (20) business days 20 Business Days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective Chief Executive Officers of each Member (providedof Buyer, howeverSeller, that in the case of Holdings III, such person shall be the Chief Executive Officer of Watsco) Watsco or Watsco Canada (or equivalent level person) ), as applicable for discussion and attempted resolution; and fourth, if any such Dispute cannot be resolved by such Chief Executive Officers within twenty (20) business days 20 Business Days from the date that the Dispute is submitted to such personsPersons, then such Dispute dispute shall be immediately referred to non-binding mediation as provided in Section 15.3(b14.3(b) below.

Appears in 1 contract

Samples: Asset Purchase Agreement (Watsco Inc)

Initial Dispute Resolution Procedures. Any dispute, claim or controversy (a “Dispute”) related to or arising out of or relating to this Agreement, including, without limitation, any such Dispute between the CompanyCorporation, Carrier Holders and Watsco HoldersWatsco, shall be subject to the following dispute resolution procedure: first, such Dispute shall be addressed to the President of the Company and the Carrier or Senior Vice President of the Carrier North America operating division (or equivalent level manager) Watsco, as applicable, for discussion and attempted resolution; second, if any such Dispute cannot be resolved by such individuals within twenty (20) business days Business Days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective senior officer of each Member (provided, however, that in the case of Holdings III, such person shall be a senior officer of Watsco) Carrier or Watsco (or equivalent level person) ), as applicable, for discussion and attempted resolution; third, if any such Dispute cannot be resolved by such officers within twenty (20) business days Business Days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective Chief Executive Officers of each Member (provided, however, that in the case of Holdings III, such person shall be the Chief Executive Officer of Watsco) Carrier or Watsco (or equivalent level person) ), as applicable for discussion and attempted resolution; and fourth, if any such Dispute cannot be resolved by such Chief Executive Officers within twenty (20) business days Business Days from the date that the Dispute is submitted to such personsPersons, then such Dispute dispute shall be immediately referred to non-binding mediation as provided in Section 15.3(b10.6(b) below.

Appears in 1 contract

Samples: Shareholders’ Agreement (Watsco Inc)

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Initial Dispute Resolution Procedures. Any dispute, claim or controversy (a “Dispute”) arising out of or relating to this Agreement, including, without limitation, any such Dispute between the Company, Carrier Holders and Watsco Holders, shall be subject to the following dispute resolution procedure: first, such Dispute shall be addressed to the President of the Company and the President of the Carrier North America operating division (or equivalent level manager) for discussion and attempted resolution; second, if any such Dispute cannot be resolved by such individuals within twenty (20) business days from the date that the Dispute is submitted to such persons, then such Dispute shall be immediately referred to the appropriate, respective senior officer of each Member (provided, however, that in the case of Holdings III, such person shall be a senior officer of Watsco) (or equivalent level person) for discussion and attempted resolution; third, if any such Dispute cannot be resolved by such officers within twenty (20) business days from the date that the Dispute is submitted to such persons, then such Dispute shall be immediately referred to the appropriate, respective Chief Executive Officers of each Member (provided, however, that in the case of Holdings III, such person shall be the Chief Executive Officer of Watsco) (or equivalent level person) for discussion and attempted resolution; and fourth, if any such Dispute cannot be resolved by such Chief Executive Officers within twenty (20) business days from the date that the Dispute is submitted to such persons, then such Dispute shall be immediately referred to non-binding mediation as provided in Section 15.3(b) below.

Appears in 1 contract

Samples: Operating Agreement (Watsco Inc)

Initial Dispute Resolution Procedures. Any dispute, claim or controversy (a “Dispute”) related to or arising out of or relating this Agreement (other than with respect to this Agreementany Dispute involving a Working Capital Adjustment), including, without limitation, including any such Dispute between among the Company, Company and/or Carrier Holders and Watsco Holdersand/or Watsco, shall be subject to the following dispute resolution procedure: first, such Dispute shall be addressed to the President of the Company and Company, the President of the Carrier North America operating division (or equivalent level manager) or Senior Vice President of Watsco, as applicable, for discussion and attempted resolution; second, if any such Dispute cannot be resolved by such individuals within twenty (20) business days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective senior officer of each Member (providedof the Company, howeverCarrier, that in the case of Holdings III, such person shall be a senior officer of Watsco) or Watsco (or equivalent level person) ), as applicable, for discussion and attempted resolution; third, if any such Dispute cannot be resolved by such officers within twenty (20) business days from the date that the Dispute is submitted to such personsPersons, then such Dispute shall be immediately referred to the appropriate, respective Chief Executive Officers of each Member (providedof the Company, howeverCarrier, that in the case of Holdings III, such person shall be the Chief Executive Officer of Watsco) or Watsco (or equivalent level person) ), as applicable for discussion and attempted resolution; and fourth, if any such Dispute cannot be resolved by such Chief Executive Officers within twenty (20) business days from the date that the Dispute is submitted to such personsPersons, then such Dispute dispute shall be immediately referred to non-binding mediation as provided in Section 15.3(b15.03(b) below.

Appears in 1 contract

Samples: Purchase and Contribution Agreement (Watsco Inc)

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