Negotiation Between Executives. The parties involved in any Dispute shall attempt to resolve such Dispute between them promptly by negotiation between executives who have authority to settle the Dispute and who are at a comparable or higher level of management than the persons who have been involved in the negotiation of this Agreement. Any party may give the other party written notice of any Dispute not resolved in the normal course of business. Within fifteen days (or such further time as the parties may agree) after delivery of such notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of that party’s position and a summary of the arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty days (or such further time as the parties may agree) after delivery of the initial notice, the executives of the parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Dispute. All negotiations pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.
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Samples: Distribution Agreement (Sun Healthcare Group Inc), Distribution Agreement (Sabra Health Care REIT, Inc.), Distribution Agreement (SHG Services, Inc.)
Negotiation Between Executives. The parties involved in any Dispute Members shall attempt in good faith to resolve such Dispute between them any dispute arising out of or relating to this Agreement promptly by direct negotiation between executives who have authority to settle the Dispute controversy and who are at a comparable or higher level of management than the persons who have been involved in the negotiation with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any Dispute dispute not resolved in the normal course of business. Within fifteen (15) days (or such further time as the parties may agree) after delivery of such the notice, the receiving party shall submit to the other a written response. The notice and the response shall include include: (a) a statement of that each party’s position and a summary of the arguments supporting that position; and, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days (or such further time as the parties may agree) after delivery of the initial disputing party’s notice, the executives of the parties each Member shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Disputedispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause shall be are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.
Appears in 3 contracts
Samples: Operating Company Agreement (Earthlink Inc), Limited Liability Company Agreement (Earthlink Inc), Limited Liability Company Agreement (Earthlink Inc)
Negotiation Between Executives. The parties Parties involved in any Dispute shall attempt to resolve such Dispute between them promptly by negotiation between executives who have authority to settle the Dispute and who are at a comparable or higher level of management than the persons Persons who have been involved in the negotiation of this Agreement. Any party Party may give the other party Party written notice of any Dispute not resolved in the normal course of business. Within fifteen (15) days (or such further time as the parties Parties may agree) after delivery of such notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of that partyParty’s position and a summary of the arguments supporting that position, and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty (30) days (or such further time as the parties Parties may agree) after delivery of the initial notice, the executives of the parties Parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Dispute. All negotiations pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.
Appears in 2 contracts
Samples: Transition Services Agreement (Sabra Health Care REIT, Inc.), Transition Services Agreement (Sabra Health Care REIT, Inc.)
Negotiation Between Executives. The parties Parties involved in any Dispute the dispute shall attempt to resolve such Dispute the dispute between them promptly by negotiation between executives who have authority to settle the Dispute controversy and who are at a comparable or higher level of management than the persons who have been involved in the negotiation of this Agreement. Any party Party may give the other party Parties written notice of any Dispute dispute not resolved in the normal course of business; provided, however, that the requirements under this Section 12.2 shall fall away if there has been no resolution within 60 days after the delivery of the initial notice. Within fifteen seven days (or such further time as the parties may agree) after delivery of such notice, the receiving party Party or Parties shall submit to the other a written response. The notice and response shall include (a) a statement of that partyParty’s position and a summary of the arguments supporting that position, and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty 15 days (or such further time as the parties may agree) after delivery of the initial notice, the executives of the parties Parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Disputedispute. All negotiations pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitrationlitigation.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (C&J Energy Services, Inc.)
Negotiation Between Executives. The parties involved in any Dispute Stockholders shall attempt in good faith to resolve such Dispute between them any dispute arising out of or relating to this Stockholders’ Agreement promptly by direct negotiation between executives who have authority to settle the Dispute controversy and who are at a comparable or higher level of management than the persons who have been involved in the negotiation with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any Dispute dispute not resolved in the normal course of business. Within fifteen (15) days (or such further time as the parties may agree) after delivery of such the notice, the receiving party shall submit to the other a written response. The notice and the response shall include include: (a) a statement of that each party’s position and a summary of the arguments supporting that position, ; and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days (or such further time as the parties may agree) after delivery of the initial disputing party’s notice, the executives of the parties each Stockholder shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Disputedispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause shall be are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.
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Negotiation Between Executives. The parties involved in any Dispute Stockholders shall attempt in good faith to resolve such Dispute between them any dispute arising out of or relating to this Stockholders’ Agreement promptly by direct negotiation between executives who have authority to settle the Dispute controversy and who are at a comparable or higher level of management than the persons who have been involved in the negotiation with direct responsibility for administration of this Agreement, unless there is no executive of a higher level. Any party may give the other party written notice of any Dispute dispute not resolved in the normal course of business. Within fifteen (15) days (or such further time as the parties may agree) after delivery of such the notice, the receiving party shall submit to the other a written response. The notice and the response shall include include: (a) a statement of that each party’s position and a summary of the arguments supporting that position, ; and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days (or such further time as the parties may agree) after delivery of the initial disputing party’s notice, the executives of the parties each Stockholder shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Disputedispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause shall be are, confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.
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Negotiation Between Executives. The parties Parties involved in any Dispute the dispute shall attempt to resolve such Dispute the dispute between them promptly by negotiation between executives who have authority to settle the Dispute controversy and who are at a comparable or higher level of management than the persons who have been involved in the negotiation of this Agreement. Any party Party may give the other party Parties written notice of any Dispute dispute not resolved in the normal course of business; provided, however, that the requirements under this Section 10.2 shall fall away if there has been no resolution within 60 days after the delivery of the initial notice. Within fifteen 7 days (or such further time as the parties may agree) after delivery of such notice, the receiving party Party or Parties shall submit to the other a written response. The notice and response shall include (a) a statement of that partyParty’s position and a summary of the arguments supporting that position, and (b) the name and title of the executive who will represent that party Party and of any other person who will accompany the executive. Within thirty 15 days (or such further time as the parties may agree) after delivery of the initial notice, the executives of the parties Parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the Disputedispute. All negotiations pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitrationlitigation.
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