Common use of Negotiation Between Executives Clause in Contracts

Negotiation Between Executives. Subject to Section 8.7, the parties ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Either party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: (i) a statement of each 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 fifteen (15) days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this Section 8.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. Subject to Section 8.7, the The parties ------------------------------ shall attempt ------------------------------ in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreementcontract. Either Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (i) a statement of each party's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within fifteen (15) 10 days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules the Federal Rules of evidenceEvidence of California and other states' Rules of Evidence.

Negotiation Between Executives. Subject to Section 8.7, the The parties shall ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreementcontract. Either Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (i) a statement of each party's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within fifteen (15) 10 days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules the Federal Rules of evidenceEvidence of California and other states' Rules of Evidence.

Negotiation Between Executives. Subject to Section 8.7, the The parties shall ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreement. Either Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (i) a statement of each party's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within fifteen (15) 10 days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days of such notice, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules the Federal Rules of evidenceEvidence of California and other states' Rules of Evidence.

Negotiation Between Executives. Subject to Section 8.7, the The parties ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreement. Either Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (i) a statement of each party's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within fifteen (15) 10 days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules the Federal Rules of evidenceEvidence of California and other states' Rules of Evidence.

Negotiation Between Executives. Subject to Section 8.7, the (a) The parties ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle of the controversy Seller and who are executives of Buyer who, if possible, shall be at a higher management level of management than the persons individuals with direct responsibility for administration of this AgreementAgreement (the “ Negotiators ”). Either Any party may give the other party parties written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, the receiving party shall submit to the other others a written response. The notice and the response shall include: include (i) a statement of each 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 Negotiators and of any other person who will accompany the executivethem. Within fifteen (15) 30 days after delivery of the disputing party's ’s notice, the executives of both parties Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other others will be honored. . (b) If the matter has not been resolved by these persons within 60 days of the disputing party’s notice, or if the parties fail to meet within 30 days, any party may initiate mediation as provided below. (c) All negotiations pursuant to this Section 8.1 are clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable the Federal Rules of Evidence and state rules of evidence.

Negotiation Between Executives. Subject to Section 8.7, the parties ------------------------------ (a) The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between Sellers or their appointed representatives and executives who have authority to settle the controversy and who are of Buyer who, if possible, shall be at a higher management level of management than the persons individuals with direct responsibility for administration of this AgreementAgreement (the "Negotiators"). Either party Any Party may give the other party Parties written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, the receiving party Party shall submit to the other others a written response. The notice and the response shall include: include (i) a statement of each partyParty's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent that party Negotiators and of any other person Person who will accompany the executivethem. Within fifteen (15) 30 days after delivery of the disputing partyParty's notice, the executives of both parties Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party Party to the other others will be honored. . (b) If the matter has not been resolved by these Persons within 60 days of the disputing Party's notice, or if the Parties fail to meet within 30 days, any Party may initiate mediation as provided below. (c) All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable the Federal Rules of Evidence and State rules of evidence.

Negotiation Between Executives. Subject to Section 8.7, the The parties ------------------------------ shall attempt ------------------------------ in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreement. Either Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (i) a statement of each party's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within fifteen (15) 10 days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days of such notice, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules the Federal Rules of evidenceEvidence of California and other states' Rules of Evidence.

Negotiation Between Executives. Subject to Section 8.7, the (a) The parties ------------------------------ shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle of the controversy Seller and who are executives of Buyer who, if possible, shall be at a higher management level of management than the persons individuals with direct responsibility for administration of this AgreementAgreement (the “Negotiators”). Either Any party may give the other party parties written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, the receiving party shall submit to the other others a written response. The notice and the response shall include: include (i) a statement of each 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 Negotiators and of any other person who will accompany the executivethem. Within fifteen (15) 30 days after delivery of the disputing party's ’s notice, the executives of both parties Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other others will be honored. . (b) If the matter has not been resolved by these persons within 60 days of the disputing party’s notice, or if the parties fail to meet within 30 days, any party may initiate mediation as provided below. (c) All negotiations pursuant to this Section 8.1 are clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable the Federal Rules of Evidence and state rules of evidence.

Negotiation Between Executives. Subject to Section 8.7, the The parties ------------------------------ shall attempt in good ------------------------------ faith to resolve any dispute arising out of or relating to Section 2.8(a) of this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management (if any) than the persons with direct responsibility for administration of this Agreement. Either Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, notice the receiving party shall submit to the other a written response. The notice and the response shall include: include (i) a statement of each party's position and a summary of arguments supporting that position; , and (ii) the name and title of the executive who will represent represents that party and of any other person who will accompany the executive. Within fifteen (15) 10 days after delivery of the disputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. If the matter has not been resolved within 45 days of the disputing party's notice, or if the parties fail to meet within 10 days of such notice, either party may initiate arbitration of the controversy or claim as provided hereinafter. All negotiations pursuant to this Section 8.1 clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence of California and any other applicable rules of evidence.