Common use of Negotiation Between Executives Clause in Contracts

Negotiation Between Executives. If one Party has given a Dispute Notice under the preceding subsection, the Parties will attempt in good faith to resolve the Dispute within forty-five (45) calendar days of the notice by negotiation between executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement or the matter in Dispute. Within fifteen (15) calendar days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include (i) a statement of that Party’s position and a summary of arguments supporting that position, and (ii) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within forty-five (45) calendar days after delivery of the Dispute Notice, the executives of both Parties will meet at a mutually acceptable time and place, and thereafter, as often as they reasonably deem necessary, to attempt to resolve the Dispute.

Appears in 5 contracts

Samples: Terminal Services Agreement, Terminalling Services Agreement (Martin Midstream Partners Lp), Terminalling Services Agreement (Martin Midstream Partners Lp)

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Negotiation Between Executives. If one Party has given a Dispute Notice under the preceding subsection, the Parties will attempt in good faith to resolve the Dispute within forty-five (45) 45 calendar days of the notice by negotiation between executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement or the matter in Dispute. Within fifteen (15) 15 calendar days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include (i) a statement of that Party’s position and a summary of arguments supporting that position, and (ii) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within forty-five (45) 45 calendar days after delivery of the Dispute Notice, the executives of both Parties will meet at a mutually acceptable time and place, and thereafter, as often as they reasonably deem necessary, to attempt to resolve the Dispute. The Conflicts Committee of MMLP shall have the right to have a representative present at any such meeting.

Appears in 5 contracts

Samples: Tolling Agreement (Martin Midstream Partners L.P.), Tolling Agreement, Tolling Agreement (Martin Midstream Partners Lp)

Negotiation Between Executives. If one any Party has given a Dispute Notice under the preceding subsectionSection, the Parties will attempt in good faith to resolve the Dispute within forty-five thirty (4530) calendar days of the notice by negotiation negotiations between executives who have authority to settle the Dispute and who are at a higher level of management than the persons Persons with direct responsibility for administration of this Agreement or the matter in Dispute. Within fifteen ten (1510) calendar days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include (i) a statement of that Party’s 's position and a summary of arguments supporting that position, and (ii) the name and title of the executive who will represent that Party and of any other person Person who will accompany the executive. Within forty-five twenty (4520) calendar days after delivery of the Dispute Notice, the executives of both the Parties will meet at a mutually acceptable time and place, and thereafter, as often as they reasonably deem necessary, to attempt to resolve the Dispute.

Appears in 1 contract

Samples: Operating Agreement (Dynegy Inc)

Negotiation Between Executives. If one Party has given a Dispute Notice under the preceding subsectionsubparagraph, the Parties will attempt in good faith to resolve the Dispute within forty-five (45) 45 calendar days of the notice by negotiation between executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement or the matter in Dispute. Within fifteen (15) 15 calendar days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include (i) a statement of that Party’s 's position and a summary of arguments supporting that position, and (ii) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within forty-five (45) 45 calendar days after delivery of the Dispute Notice, the executives of both Parties will meet at a mutually acceptable time and place, and thereafter, as often as they reasonably deem necessary, to attempt to resolve the Dispute.

Appears in 1 contract

Samples: u.s. Pipeline Service Agreement (Rio Vista Energy Partners Lp)

Negotiation Between Executives. If one Party has given a Dispute Notice under the preceding subsection, the Parties will The parties shall attempt in good faith to resolve the any Dispute within forty-five (45) calendar days of the notice promptly by negotiation between executives who have authority to settle the Dispute controversy and who are at a higher level of management than the persons with direct responsibility for the administration of this Agreement or the matter Agreement. Any party may give the other written notice of any Dispute (a “Notice”) not resolved in Disputethe normal course of business. Within fifteen (15) calendar days after delivery of the Dispute a Notice, the receiving Party will party shall submit to the other a written responseresponse (a “Response”). The response will Notice and Response shall include (ia) a statement of that Partyparty’s position and a summary of arguments supporting that position, and (iib) the name and title of the executive who will represent that Party party and of any other person who will accompany the executive. Within forty-five (45) calendar 30 days after delivery of the Dispute NoticeResponse, the executives of both Parties will parties shall meet at a mutually acceptable time and place, and thereafter, thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant to this subsection (b) shall be confidential and shall be treated as compromise and settlement negotiations for purposes of any subsequent proceedings under this Section 14.

Appears in 1 contract

Samples: Alliance Agreement (Exousia Advanced Materials, Inc.)

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Negotiation Between Executives. If one a Party has given a Dispute Notice under the preceding subsectionsubparagraph, the Parties will attempt in good faith to resolve the Dispute within forty-five (45) 45 calendar days of the notice by negotiation between executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement or the matter in Dispute. Within fifteen (15) 15 calendar days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include (i) a statement of that Party’s 's position and a summary of arguments supporting that position, and (ii) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within forty-five (45) 45 calendar days after delivery of the Dispute Notice, the executives of both Parties will meet at a mutually acceptable time and place, and thereafter, as often as they reasonably deem necessary, to attempt to resolve the Dispute.

Appears in 1 contract

Samples: LPG Transportation Agreement (Rio Vista Energy Partners Lp)

Negotiation Between Executives. If one Party has given a Dispute Notice under the preceding subsection, the Parties will attempt in good faith to resolve the Dispute within forty-five (45) calendar days of the notice by negotiation between executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement or the matter in Dispute. Within fifteen (15) calendar days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include (i) a statement of that Party’s 's position and a summary of arguments supporting that position, and (ii) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within forty-five (45) calendar days after delivery of the Dispute Notice, the executives of both Parties will meet at a mutually acceptable time and place, and thereafter, as often as they reasonably deem necessary, to attempt to resolve the Dispute.

Appears in 1 contract

Samples: Consulting Agreement (Transmontaigne Inc)

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