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 11.3.
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”):
(a) Stage 1 – In the event Customer’s line manager and MasterCard’s account manager identify an issue and are not able to resolve the issue, the dispute must be immediately escalated to Stage 2.
(b) Stage 2 – Customer and MasterCard’s senior managers shall meet within two (2) business days; if the dispute cannot be resolved within five (5) business days of referral to them, the dispute must be immediately escalated to Stage 3.
(c) Stage 3 – Within five (5) business days of escalation from Stage 2, Customer and MasterCard senior executives shall meet for a period as mutually agreed. If the dispute cannot be resolved within fifteen (15) days of escalation to Stage 3, the dispute must be immediately escalated to Stage 4.
(d) Stage 4 – If the dispute remains unresolved after thirty (30) business days of the original dispute notice, the parties may submit the Dispute to formal binding arbitration, in accordance with the arbitration provisions below, upon mutual agreement.
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. 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):
1. The Ministry or BRI, as applicable, initiates escalation process (the “Initiator”) by providing written notice to their counterpart (i.e. Ministry Representative informs BRI Representative) that the Initiator intends to pursue this dispute resolution process.
2. Within three (3) Business Days of providing notice to their counterpart, the Initiator drafts a complete description of the issue including the preferred solution (the “Issue”) and circulates it to their counterpart.
3. Within three (3) Business Days of the counterpart having received the Issue, the Ministry Representative and the BRI Representative must meet for an Issue resolution conference (the “Escalation Meeting”).
4. If the Ministry Representative and the BRI Representative come to an agreement on the resolution of the Issue, they jointly document the corrective action.
5. If the Ministry Representative and the BRI Representative are unable to come to agreement on the resolution of the Issue within five (5) Business Days of the counterpart originally receiving the Issue, then they must forward the Issue including the minutes from the Escalation Meeting (which should clearly document the Issue, proposed corrective action, reason for inability to agree and other relevant information) to the Deputy Minister of the Ministry and the Chair of the Board of BRI.
6. The Deputy Minister of the Ministry and the Chair of the Board of BRI must have a meeting within twelve (12) Business Days, or such other time period as agreed to by the Ministry and BRI, to discuss the Issue, seek to define the resolution, and, if applicable, issue a joint resolution document; provided, however, if a joint resolution is not reached within the applicable time period, the provisions of section 1.22 of thi...
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 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. Mediation: In the event that the dispute has not been settled within 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 chairperson of the time being of the council of the Irish Commercial Mediation Association (or in the event of his/her being unwilling or unable to act, the next most senior officer). 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 15 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. While it is not intended that the performance of the Project will involve the processing personal data (as defined in Data Protection Law) by any Party on behalf of the other, each Party shall comply with its obligations as data controller under Data Protection Law in relation to any personal data processed by it under this Agreement. To the extent that any variation of the Project or Work Package will involve the processing of personal data by any Party on behalf of another, the relevant Parties shall enter into a data processing agreement in compliance with Data Protection Law Force majeure: A Party shall not 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 Force Majeure Event. The Party affected by a Force Majeure Event shall promptly notify the other Parties 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 Force Majeure Event for a continuous period of [90 days] or more, then the other Parties may agree by mutual consent to terminate this Agreement with immediate effect by giving notice in writing. No Party shall be liable to the othe...
