Negotiation in Good Faith. The Parties and their lawyers agree to deal with each other in good faith and to promptly provide all necessary and reasonable information requested. No formal discovery procedures will be used unless specifically agreed to in advance by the parties. The Parties acknowledge that by using informal discovery, they are giving up certain rights, for the duration of the Collaborative Law Process, including the right to formal discovery, formal court hearings, restraining orders and other procedures provided by the adversarial legal system. They give up these measures with the specific understanding that both Parties make full and fair disclosure of all assets, income, debts and other information. The Parties acknowledge that participation in the Collaborative Law Process, and the settlement reached, is based upon the assumption that both Parties have acted in good faith and have provided complete and accurate information to the best of their ability. The Parties agree to provide sworn statements making full and fair disclosure of their income, assets and debts, if requested.
Negotiation in Good Faith. If the recipient serves a response notice in accordance with paragraph 8.3 above, the parties shall negotiate in good faith with a view to agreeing whether or not:-
(A) there is any Material Change in Circumstances; and/or
(B) subject thereto, what changes (if any) should be made to the possessions regime and the other provisions of this Schedule 4.
Negotiation in Good Faith. A. All participants shall deal with each other in good faith and shall promptly provide all relevant and reasonable information. Clients shall provide sworn statements of net worth and supporting documentation making full and fair disclosure of their income, assets and debts.
B. By using an informal exchange of information and signed authorization forms, clients set aside certain procedures for the duration of the collaborative process including, but not limited to formal discovery proceedings, restraining orders and formal court hearings.
C. Clients may seek an opinion from an attorney or other professional outside this process; the client doing so shall disclose to the participants that an outside opinion has been sought.
Negotiation in Good Faith. The parties acknowledge that each of our attorneys is independent from the other and represents only one party in the Collaborative Law process. We understand that the process, even with full and honest disclosure, will involve vigorous good-faith negotiation. We will take a reasoned position in all disputes. We will use our best efforts to create proposals that meet the fundamental needs of both of the parties. We recognize that compromise may be needed in order to reach a settlement of all issues. Although we may discuss the likely outcome of a litigated result, none of us will use the threat of litigation as a way of forcing settlement.
Negotiation in Good Faith. A. We agree to proceed in Good Faith. “Good Faith” means to abide by the rules of common courtesy, to keep an open mind, be willing to explore options without holding a fixed position, and to share all pertinent information, whether financial or emotional.
Negotiation in Good Faith. If an event or circumstance occurs before 15th May, 2004 which could have a material impact (whether positive or negative) on the appropriateness of the Company’s refinancing plan as contemplated by the Rights Issue, the Asset Disposal Programme and the Refinancing Facilities Term Sheet, as determined by the Majority Lenders and the Company, without prejudice to their rights under the Transaction Documents, the Lenders and the Company will negotiate in good faith with a view to agreeing appropriate amendments to that refinancing plan.
Negotiation in Good Faith. In the event that Acquiror requests access to a Qualifying Shared Asset or a determination that such Qualifying Shared Asset is a Wimbledon Asset as contemplated by Section 4.26(a), Acquiror and Seller will negotiate in good faith to determine whether such access can be provided to Acquiror in a manner consistent with the manner in which such Qualifying Shared Asset was previously made available to the Snacks Business immediately prior to the Closing or whether such Qualifying Shared Asset shall be deemed a Wimbledon Asset.
Negotiation in Good Faith. Where a provision is prohibited or unenforceable, the Parties shall negotiate in good faith to replace the invalid provision with a provision which is in accordance with all Applicable Laws and appropriate consequential amendments (if any) will be made to the Agreement, but if the Parties cannot so agree, then the unenforceable provision shall be excluded from Agreement.
Negotiation in Good Faith. We will:
Negotiation in Good Faith. We agree to make every effort to communicate respectfully and constructively, trying at all times to focus on the parenting and economic issues and the constructive resolution of those issues. We agree to protect each party’s ability to speak freely and express her or his needs, desires and opinions without criticism or judgment. We agree that no formal discovery procedure will be used unless specifically agreed to by the parties. We agree to make full and fair disclosure of all assets, income, debts and any additional information necessary for a principled and complete settlement and acknowledge that participation in the collaborative law process is based upon the assumption that both parties have acted in good faith and have provided complete and accurate information to the best of their ability. We understand that the collaborative process, even with full and honest disclosure, will involve vigorous good faith negotiation and that each of us will be expected to take a reasoned approach to all disputes. When we disagree, each of us will be encouraged to use our best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach settlement of all issues. We agree that although each of us may discuss the likely outcome of a litigated result, none of us will use threats of withdrawal from the collaborative process or litigation as a way of forcing settlement.
