Initial Negotiation Sample Clauses

Initial Negotiation. The claim will be submitted to a Senior Officer from each party for resolution by mutual agreement. Any mutual agreement reached by the Senior Officers will be binding upon the parties. 13.1.1 For purposes of this section, the term “Senior Officer” will mean, with respect to the Design Professional, the Design Professional’s president or chief executive officer, and with respect to the Owner, the Associate Vice President of Facilities and Operations. 13.1.2 All applicable periods of limitation will be tolled during the pendency of negotiations under this §13. 1. If the parties mutually agree to defer resolution of any Claim until completion of the Project or another mutually acceptable date, all applicable limitations periods will remain tolled until the agreed date.
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Initial Negotiation. The claim shall be submitted to a Senior Officer from each party for resolution by mutual agreement. Any mutual agreement reached by the Senior Officers shall be binding upon the parties. 13.1.1 For purposes of this section, the term “Senior Officer” shall mean, with respect to the Design Professional, the Design Professional’s president or chief executive officer, and with respect to the Owner, the Associate Vice President of Facilities and Operations.
Initial Negotiation. In the event the Compliance Dispute Facilitator has determined pursuant to §§ 12.2 - 12.5 that the Compliance Dispute Review Officer should resolve a particular Compliance Dispute, the Compliance Dispute Facilitator shall notify the Compliance Dispute Review Officer, Petitioner and Company of such determination and the basis therefor. Unless the Petitioner specifies otherwise, the Compliance Dispute Facilitator shall serve as the Petitioner’s representative in the Compliance Dispute process thereafter with respect to such Compliance Dispute. The Compliance Dispute Review Officer shall then direct the Petitioner and Company to convene negotiations at a time and place agreeable to both so that they may reach agreement on whether a breach of Company’s obligations under § 7 of this Agreement has occurred and, if so, what remedy, if any, should be implemented. At these negotiations, the Compliance Dispute Review Officer shall, if requested by both Petitioner and Company, serve as a non- binding mediator. If the Petitioner and Company cannot resolve the Compliance Dispute within 90 days of the date of the determination and notification by the Compliance Dispute Facilitator that the Compliance Dispute Review Officer should resolve the Compliance Dispute, then they shall so inform the Compliance Dispute Review Officer.
Initial Negotiation. Any dispute arising out of or relating to the Agreement will be resolved by having individuals authorized by each Party make a good faith effort to negotiate an amical resolution to the dispute. All negotiations pursuant to this Section 11.12 will be subject to the covenants regarding confidentiality set forth in Section 11.9. If the initial negotiations described above do not resolve the issue, binding arbitration as provided in Section 11.12(b)(ii) will be the sole and exclusive procedure for the resolution of any such dispute.
Initial Negotiation. To invoke the procedures set forth in this Article 10, a Party will provide written notice to the other Party, which notice will designate a manager for such purpose. Upon receiving such written notice, the other Party will also designate a manager to meet to attempt to resolve the dispute. If the dispute has not been resolved within 45 days after the last date on which a Party received written notice to invoke the dispute resolution procedures, then the dispute will be submitted to the senior executives of the Parties. The senior executives will meet within 15 days following a request for such meeting by any Party and will attempt to resolve the dispute within 30 days of their initial meeting.
Initial Negotiation. During the period January 1, 1998 through March 31, 1998 (or earlier with the approval of both parties) Seller and Buyer shall conduct negotiations in good faith for the purpose of reaching agreement by no later than March 31, 1998 on the following matters: (a) A percentage of the Payable Copper price determined pursuant to Article 8, the applicable price range for such percentage and the associated (price participation) formula for smelting and refining charges for the Payable Copper price which is outside of such designated price range (or alternatively two or more different percentages of such Payable Copper price with a corresponding range of prices which are applicable to each such percentage) for each cargo of Concentrate sold hereunder during the period commencing with the first delivery of Concentrates hereunder and continuing through December 31, 2003, which shall constitute a combined smelting and refining charge for Part A Tonnage for such period; and (b) Whether or not gold and silver refining charges will be applicable to Part A tonnage, and the amount (if any) of such charges applicable for the same period specified in (a) above, all based on the generally prevailing market for price sharing type contracts.
Initial Negotiation. The parties agree that they will attempt in good faith to promptly resolve any controversy, claim, or dispute between the parties relating to this Agreement ("Dispute") by negotiations. Any Dispute that is not settled by the parties within fifteen (15) days after notice of such Dispute is given by one party to the other in writing (the "Initial Negotiation Period," which period may be extended by mutual agreement) shall be referred to a senior executive of each of Eagle and Licensee who is authorized to settle such Disputes on behalf ofhis or her respective company ("Senior Executives"). The Senior Executives will meet for negotiations within fifteen (15) days after expiration of the Initial Negotiation Period at a time and place mutually acceptable to both Senior Executives. If the Dispute has not been resolved within thirty (30) days after the end of the Initial Negotiation Period, then either party may immediately bring an action before a court of competent jurisdiction.
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Initial Negotiation. Any dispute arising out of or related to this Agreement shall be resolved in accordance with the procedures specified in this Section 18, which shall be the sole and exclusive procedures for the resolution of any such disputes. All negotiations pursuant to this Section 18 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Related to Initial Negotiation

  • No Negotiation Until such time, if any, as this Agreement is terminated pursuant to Section 9, Sellers will not, and will cause the Company and each of their Representatives not to, directly or indirectly solicit, initiate, or encourage any inquiries or proposals from, discuss or negotiate with, provide any non-public information to, or consider the merits of any unsolicited inquiries or proposals from, any Person (other than Buyer) relating to any transaction involving the sale of the business or assets (other than in the Ordinary Course of Business) of the Company, or any of the capital stock of the Company, or any merger, consolidation, business combination, or similar transaction involving the Company.

  • Individual Negotiation This Agreement and each Transaction hereunder is subject to individual negotiation by the parties.

  • Mutual Negotiations This Agreement and the other Transaction Documents are the product of mutual negotiations by the parties thereto and their counsel, and no party shall be deemed the draftsperson of this Agreement or any other Transaction Document or any provision hereof or thereof or to have provided the same. Accordingly, in the event of any inconsistency or ambiguity of any provision of this Agreement or any other Transaction Document, such inconsistency or ambiguity shall not be interpreted against any party because of such party’s involvement in the drafting thereof.

  • Joint Negotiation The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, the parties intend that this Agreement be construed as if drafted jointly by the parties and that no presumption or burden of proof arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

  • Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

  • No Negotiations The Seller will not directly or indirectly (through a representative or otherwise) solicit or furnish any information to any prospective buyer, commence, or conduct presently ongoing, negotiations with any other party or enter into any agreement with any other party concerning the sale of the Seller, any Restaurants, the Seller’s assets or business or any part thereof or any membership interest in the Seller (an "acquisition proposal"), and the Seller shall immediately advise Buyer of the receipt of any acquisition proposal.

  • Contract Negotiations Where operational requirements permit, and on reasonable notice, the Employer shall grant special leave with pay for not more than two (2) representatives of each bargaining unit for the purpose of attending contract negotiation meetings with the Employer on behalf of the Union. Such permission shall not be unreasonably withheld.

  • Opening Negotiations 4.2.1 Between April 1 and April 30 of each ensuing year, either the Association or the Board shall submit a written request for negotiations to commence to the other party, if it desires there to be negotiations for that year. If no such request is made during the time period above, negotiations will not take place for the ensuing year. 4.2.2 The first negotiations session shall occur on a mutually agreeable date not more than thirty (30) days from the date of the written request to open negotiations. 4.2.3 The parties will exchange proposals at the initial negotiating session. Subsequent proposals may only be submitted upon mutual agreement of the parties.

  • Other Negotiations Following the date hereof and until termination of this Agreement pursuant to Section 9.1, Target will not (and it will not permit any of its officers, directors, employees, agents and Affiliates on its behalf to) take any action to solicit, initiate, seek, encourage or support any inquiry, proposal or offer from, furnish any information to, or participate in any negotiations with, any corporation, partnership, person or other entity or group (other than Acquiror) regarding any acquisition of Target, any merger or consolidation with or involving Target, or any acquisition of any material portion of the stock or assets of Target or any material license of Target Proprietary Rights (any of the foregoing being referred to in this Agreement as an "ACQUISITION TRANSACTION") or enter into an agreement concerning any Acquisition Transaction with any party other than Acquiror. If between the date of this Agreement and the termination of this Agreement pursuant to Section 9.1, Target receives from a third party any offer or indication of interest regarding any Acquisition Transaction, or any request for information regarding any Acquisition Transaction, Target shall (i) notify Acquiror immediately (orally and in writing) of such offer, indication of interest or request, including the identity of such party and the full terms of any proposal therein, and (ii) notify such third party of Target's obligations under this Agreement.

  • Successor Negotiations ‌ The parties shall begin negotiations for a successor agreement no later than April 1, 2020. If no successor agreement has been reached, or if the legislature has not approved appropriations required to fund the economic provisions of a successor agreement as of June 30, 2021, all the terms of this Agreement shall remain in effect until the effective date of a subsequent agreement, not to exceed one (1) year from the expiration date of this Agreement.

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