Internal Escalation. The Parties shall make every reasonable effort to resolve all issues fairly by negotiation. All disputes which arise between the Parties in connection with this Agreement shall be discussed initially between representatives of each of the Parties to the dispute. If the dispute remains it shall be referred to the [Project Board] in an attempt to resolve the issue in good faith.
Internal Escalation. Unless otherwise explicitly set forth in this Agreement, in the event that the Parties are unable to resolve any dispute, controversy or claim arising out of, or in relation to this Agreement, or the breach, termination or invalidity thereof (collectively “Issue”), the Parties shall first refer such Issue to the Head of Roche Partnering and to the Chief Executive Officer of Trimeris. In the event that such Issue cannot be resolved by these individuals after a good faith discussion to resolve the issue, then either Party may initiate arbitration in accordance with this subsection under the guidelines of AAA in New York City, New York, under the commercial rules then in effect for AAA, except as provided for herein.
Internal Escalation. Any dispute or difference arising between the NZOC and the NSO concerning the interpretation or application of this Agreement will be addressed in the first instance between the Secretary General of the NZOC and the Chief Executive of the NSO, in accordance with the constitution of the NZOC.
Internal Escalation. The Parties will make good faith efforts to first resolve internally any dispute subject to Section 23 by escalating it to higher levels of management. Neither Party may file for arbitration under Section 23 until thirty (30) days have elapsed from the initiation of such good faith efforts.
Internal Escalation. The parties shall seek to resolve any such dispute between them, first, by negotiating promptly with each other in good faith in direct negotiations. These direct negotiations shall be conducted by the respective designated Relationship Manager of each party, and the dispute shall be escalated internally by each party as reasonably necessary or appropriate to seek resolution of the dispute. If the parties are unable to resolve the dispute between them through these negotiations within sixty (60) days following their commencement (or within such other period as the parties may otherwise agree upon), then any such disputes shall be settled by binding arbitration in accordance with Section 10.2. 10.2
Internal Escalation. Any dispute involving this Agreement, the Processing Services or the obligations of either party under this Agreement (“Dispute”) shall be subject to the following escalation procedure, which shall begin upon written notification, which may be done via electronic mail (“email”):
Internal Escalation. Any disputes related to performance of the obligations outlined in this Contract that the Ministry Representative and the BRI Representative are otherwise unable to resolve will be addressed through the following process (and, for clarity, neither BRI nor the Ministry shall be entitled to exercise a termination right pursuant to section 6.1(b), section 6.1(c), section 6.1(e), section 6.5(a), section 6.5(d) or section 6.5(e) of the Contract in respect of a default in respect of which either BRI or the Ministry initiates the following escalation process unless such default continues following completion or other abandonment of such process or failure to complete the process in accordance with the terms herein specified):
Internal Escalation. In the event that a dispute arises over the interpretation or application of any provision of this Agreement or the grounds for termination hereof, any party may request that the parties meet within ten (10) days of such request and seek to resolve the dispute by negotiation of the appropriate officers of each party, with the request for resolution being passed to each officer at the next higher level of authority, in turn. Such meetings shall be attended by individuals with decision-making authority, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within ten (10) days after the first such meeting, the parties have not succeeded in negotiating a resolution of the dispute, or if it has not been possible to schedule a meeting within ten (10) days following request thereof by a party, a party may request that such dispute be mediated in accordance with Subsection 19.2. Notwithstanding anything to the contrary contained in the foregoing, any disputes with respect to intellectual property rights shall be submitted to the courts and not
Internal Escalation. The Parties shall make every reasonable effort to resolve all issues fairly by negotiation. All disputes which arise between the Parties in connection with this Agreement shall be discussed initially between the project managers for the Project. If the dispute remains it shall be referred to [] in the case of the RPO, and to [] in the case of the Industry Party in an attempt to resolve the issue in good faith. Mediation. In the event that the dispute has not been settled within sixty (60) days, it shall be submitted for mediation by a mediator or other appropriate independent third party expert agreed by the Parties or, in default of agreement, appointed by the Centre for Dispute Resolution in Dublin. The cost of any such mediator or expert shall be borne equally by the Parties. Injunctive relief. For the avoidance of doubt, however, nothing in this Clause 11 shall prevent or delay a Party from applying to a court of competent jurisdiction for the purposes of seeking injunctive relief provided that there is no delay in the prosecution of that application. General Force majeure. Neither Party shall have any liability or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement (except payment obligations) that result from any Event of Force Majeure. The Party affected by an Event of Force Majeure shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If a Party is prevented from performing a material obligation under this Agreement by any Event of Force Majeure for a continuous period of 90 days or more, then the other Party shall be entitled to terminate this Agreement with immediate effect by giving notice in writing. Neither Party shall be liable to the other for such termination.
Internal Escalation. The Parties shall make every reasonable effort to resolve all issues fairly by negotiation. All disputes which arise between the Parties in connection with this Agreement shall be discussed initially between the project managers for the Project. If the dispute remains it shall be referred to [] in the case of the RPO, and to [] in the case of the Industry Party in an attempt to resolve the issue in good faith. Mediation. In the event that the dispute has not been settled within sixty (60) days, it shall be submitted for mediation by a mediator or other appropriate independent third party expert agreed by the Parties or, in default of agreement, appointed by the Centre for Dispute Resolution in Dublin. The cost of any such mediator or expert shall be borne equally by the Parties. Injunctive relief. For the avoidance of doubt, however, nothing in this Clause 8 shall prevent or delay a Party from applying to a court of competent jurisdiction for the purposes of seeking injunctive relief provided that there is no delay in the prosecution of that application.
