Negotiation by Senior Executives. The Parties shall seek to settle amicably all Disputes by negotiation. The Parties shall first attempt in good faith to resolve the Dispute by negotiation in the normal course of business at the operational level within thirty (30) days after written notice is received by either Party regarding the existence of a Dispute (the “Initial Notice”). If the Parties are unable to resolve the Dispute within such thirty (30)-day period, the Parties shall then attempt in good faith to resolve the Dispute by negotiation between executives designated by the Parties who hold, at a minimum, the office of Senior Vice President and/or General Counsel (such designated executives, the “Dispute Committee”). The Parties agree that the members of the Dispute Committee shall have full and complete authority on behalf of their respective Parties to resolve any Disputes submitted pursuant to this Section 4.2. Such Dispute Committee members and other applicable executives shall meet in person or by teleconference or video conference within forty (40) days of the date of the Initial Notice to seek a resolution of the Dispute. In the event that the Dispute Committee and other applicable executives are unable to agree to a format for such meeting, the meeting shall be convened in person at a mutually acceptable location in New York, New York.
Negotiation by Senior Executives. Prior to bringing an Action relating to a Dispute, the Parties shall first seek to settle amicably all Disputes by negotiation. The Parties shall first attempt in good faith to resolve the Dispute by negotiation in the normal course of business at the operational level within thirty (30) days after written notice is received by either Party regarding the existence of a Dispute (the “Initial Notice”). If the Parties are unable to resolve the Dispute within such thirty (30)-day period, the Parties shall then attempt in good faith to resolve the Dispute by negotiation between executives designated by the Parties who hold, at a minimum, the office of Senior Vice President and/or General Counsel (such designated executives, the “Dispute Committee”). Such Dispute Committee members and other applicable executives shall meet in person or by teleconference or video conference within thirty (30) days following the end of the thirty (30)-day period of negotiations to seek a resolution of the Dispute. In the event that the Dispute Committee and other applicable executives are unable to agree to a format for such meeting, the meeting shall be convened in person at a mutually acceptable location in San Diego, California. Notwithstanding the foregoing, a Party may bring an Action without following the procedures set forth in this Section 9.2 in order to meet any applicable statute of limitations, other contractual survival term or in the event of bona fide exigent circumstances.
Negotiation by Senior Executives. (a) The Parties shall seek to settle amicably all Disputes by negotiation. The Parties shall first attempt in good faith to resolve the Dispute by negotiation in the normal course of business at the operational level within thirty (30) days after written notice is received by either Party regarding the existence of a Dispute (the “Initial Notice”).
Negotiation by Senior Executives. The Parties shall first attempt to settle any Dispute by negotiation between senior executives of the Parties. Senior executives for Walmart will be senior leaders in the Walmart or Sam’s Club Health & Wellness Divisions; senior executives for Manager will be officer level and include the chief executive officer of Manager.
Negotiation by Senior Executives. The parties shall attempt in good faith to resolve any dispute arising out of, or relating to this Agreement promptly by negotiation between senior executives who have authority to settle the controversy. Any party may give the other parties written notice of any dispute not resolved in the ordinary course of business. Within thirty (30) days after delivery of the notice, the executives designated by each party shall meet at a mutually acceptable time and place and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. If the dispute has not been resolved within sixty (60) days after delivery of the notice, or if the parties fail to meet within thirty (30) days, any party may initiate subsequent proceedings as contemplated herein.
Negotiation by Senior Executives. (a) The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between senior 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. Any party may give the other party written notice of any dispute not resolved in the ordinary course of business. Within fifteen (15) days after delivery of the notice the party receiving the notice shall submit to the other a written response.
Negotiation by Senior Executives a) Supplier and Xxxxxx shall attempt in good faith to resolve any dispute arising out of or relating to the Agreement promptly by negotiation between senior executives who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the ordinary course of business. Within fifteen (15) days after delivery of the notice the party receiving the notice shall submit to the other a written response.
Negotiation by Senior Executives. The parties shall first attempt to settle any Dispute by negotiation between senior executives of the Parties.
Negotiation by Senior Executives. Within ten (10) business days of delivery of any Dispute Notice, each party will designate a Senior Executive who has no direct operational responsibility for the matters contemplated by the Distributor Service Agreement and who is authorized to settle the Dispute on such party's behalf subject to the approval of the Board of Directors, if required (the "Senior Executives"). Within ten (10) days of such designation, the Senior Executives for the representatives parties shall meet at a mutually agreeable time and place and thereafter as often as they deem reasonably necessary to exchange relevant information and attempt in good faith to negotiate a resolution of the Dispute. STEP TWO: MEDIATION If the Dispute is not resolved within twenty (20) business days of the first meeting of the Senior Executives, or if one of the Senior Executives will not meet within twenty (20) business days, then either party may request that the Center for Public Resources provide a member of the CPR Panel of Neutrals to act as mediator to work with the parties to resolve their differences. The mediator appointed shall be qualified by experience to deal with issues arising in contracts similar to the Distributor Service Agreement and may be rejected by a party only for bias. The mediator shall meet with the parties within thirty (30) days of his or her appointment to help the parties resolve the Dispute. Efforts to reach a settlement will continue until (a) a written settlement is reached, (b) the mediator concludes and informs the parties in writing that further efforts would not be useful, or (c) the parties agree in writing that an impasse has been reached. The costs of the mediation, including fees and expenses, shall be borne equally by the parties. After the mediator or the parties have determined that further mediation is not likely to resolve the Dispute, either party may request in writing that the mediator make a recommended resolution of the Dispute in writing to each party which recommendation shall not be binding upon the parties; provided, however, the parties shall give good faith consideration to the settlement of the Dispute based upon such recommendation. If either party thereafter pursues the matter to resolution by arbitration as provided herein such party shall pay the reasonable attorney's fee, costs, and other expenses (including expert witness fees) of the other party incurred in connection with the pursuit and achievement of (and defense against) such arb...
Negotiation by Senior Executives. To pursue resolution of a Dispute, a Party, either the Buyer or Agent (the “Disputing Party”), first must notify the Buyer or Agent, as the case may be (the “Responding Party”), of the Dispute, which notice shall contain a specific description of the Dispute. Upon a Disputing Party’s written notification to the Responding Party of a Dispute, the Buyer shall, not later than seven (7) days thereafter, select and appoint as its representative a person not concerned with the day-to-day performance of that Party’s obligations under this Agreement and who has general decision-making authority to resolve and settle the subject Dispute on behalf of such Party. Not later than fourteen (14) days after receipt of written notification of said Dispute, the Disputing Party and the Responding Party shall provide to the other a written explanation of the material particulars of its position as to the Dispute. Not later than twenty-one (21) days after receipt of written notification of a Dispute, as provided above, the representatives selected by the Buyer to resolve the same and the Agent shall meet to attempt in good faith to settle the Dispute (“First Meeting Deadline”) and to produce written terms of settlement therefore, which written terms of settlement, if any, when signed by Buyer’s representative and Agent, shall serve as conclusive evidence of the resolution of such Dispute. Only if such written terms of settlement are not produced and signed by Buyer’s representative and Agent (i) not later than fourteen (14) days after the date of such representative’s and Agent’s first meeting, or (ii) within twenty-one (21) days after the First Meeting Deadline (in the event the Buyer representative and Agent fail to meet by the First Meeting Deadline), or (iii) within such longer period as may be mutually agreed to by Buyer and Agent in writing, then, at the request of either the Disputing Party or the Responding Party, the Dispute may be submitted to litigation in accordance with subparagraph (c) hereof.
