Negotiation of Disputes and Disagreements. In the event of any dispute or disagreement arising out of or relating to the implementation or performance of this Agreement, which the parties hereto have been unable to settle or agree upon within a period of thirty (30) days after the dispute or disagreement arises, each party shall nominate a senior officer of its management to meet at a mutually agreed time and place not later than forty five (45) days after the dispute or disagreement has arisen to attempt to resolve such dispute or disagreement. Should a resolution of such dispute or disagreement not be obtained within fifteen (15) days after the meeting of senior officers for such purpose, either party may then by notice to the other submit the dispute to arbitration in accordance with the provisions of this Section 31.
Negotiation of Disputes and Disagreements. In the event of any controversy or claim ("CLAIM"), whether based on contract, tort, statute or other legal or equitable theory (including but not limited to any claim of fraud, misrepresentation or fraudulent inducement or any question of validity or effect of this Agreement including this section) arising out of or related to this Agreement (including any amendments or extensions and any documents delivered or to be delivered pursuant hereto), or the breach or termination thereof, which the parties have 57 been unable to settle or agree upon within a period of 30 days after the dispute or disagreement arises, each party shall nominate a senior officer of its management to meet at a mutually agreed time and place not later than 45 days after the dispute or disagreement has arisen to attempt to resolve such dispute or disagreement. Should a resolution of such dispute or disagreement not be obtained within 15 days after nomination of senior officers for such purpose, either party may then, by notice to the other, submit the dispute to arbitration in accordance with the provisions of Section 28.2.
Negotiation of Disputes and Disagreements. In the event of any dispute or disagreement arising out of this Agreement, which the Parties have been unable to settle or agree upon, either party may provide written notice to the other of its intent to invoke the procedures set forth below. Company shall nominate two non-attorney senior executives of its management and the Xxxxx & Xxxxx shall nominate two non-attorney representatives to meet at a mutually agreed time and place not later than sixty (60) days after the notice of dispute or disagreement has been given to attempt to resolve such dispute or disagreement. Should a resolution of such dispute or disagreement not be obtained within fifteen (15) days after the meeting of senior executives and representatives for such purpose, either party may commence litigation in a court of competent jurisdiction. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its litigation costs, expenses (including, but not limited to, expert fees) and attorneys’ fees. If each party prevails on some issues, the Court shall award attorneys’ fees on a pro rata basis.
Negotiation of Disputes and Disagreements. 9.1 If any dispute or disagreement arises out of, relating to, or in connection with the implementation or performance of this Co-operation Agreement, which the parties hereto have been unable to settle or agree upon within a period of thirty (30) days after the dispute or 9 disagreement arises, each party shall nominate a senior officer of its management to meet at a mutually agreed time and place not later than forty five (45) days after the dispute or disagreement has arisen to attempt in good faith to resolve such dispute or disagreement.
9.2 Should a resolution of such dispute not be obtained within fifteen (15) days after the meeting of such senior officers for such purpose, any party to this Co-operation Agreement may then by written notice to any other submit the dispute to arbitration in accordance with the provisions of Article 10 hereto.
9.3 The negotiations contemplated by this Article 9 are an absolute conditions precedent to the commencement of arbitration proceedings.
9.4 No arbitration may be commenced in connection with this Co-operation Agreement unless the negotiations contemplated by this Article 9 have been undertaken in a good faith attempt to settle the claim, dispute or controversy.
Negotiation of Disputes and Disagreements. 21.1.1 In the event of any dispute or disagreement arising out of or relating to the implementation or performance of this Contract (other than a dispute which is referable either to Fast Track Arbitration for resolution pursuant to clause 21.3 or directly to arbitration under the terms of this Contract), which the Parties hereto have been unable to settle or agree upon within a period of thirty (30) days after the dispute or disagreement arises, each Party shall nominate a senior officer of its management to meet at a mutually agreed time and place not later than forty-five (45) days after the dispute or disagreement has arisen to attempt to resolve such dispute or disagreement.
21.1.2 Should a resolution of such dispute or disagreement not be obtained within fifteen (15) days after nomination of senior officers for such purpose, either Party may then by notice to the other submit the dispute to arbitration in accordance with the provisions of clause 21.2.
Negotiation of Disputes and Disagreements. In the event of any dispute, claim, controversy or disagreement arising out of or relating to the implementation or performance of this Agreement, which dispute the parties hereto have been unable to settle or agree upon within a period of ten (10) calendar days after the dispute or disagreement arises, each party shall nominate a senior officer of its management to meet at an agreed time and place not later than ten (10) calendar days after the dispute or disagreement has arisen to attempt to resolve such dispute or disagreement. Should a resolution of such dispute or disagreement not be obtained within fifteen (15) calendar days after the meeting of senior officers for such purpose, either party may then by notice to the other submit the dispute to binding arbitration in accordance with the provisions of Section 17.2.
Negotiation of Disputes and Disagreements. The Parties shall negotiate in good faith and attempt to resolve any claim, dispute or controversy arising out of or relating to this Agreement or the breach, termination or validity thereof (a "Dispute"). If the Parties have been unable to settle or agree upon within a period of thirty (30) days after the Dispute arises, either Party may give written notice ("Notice") to the other Party requesting that a senior officer of each Party's management meet at a mutually agreed time and place not later than forty-five (45) days after the non-notifying Party's receipt of such Notice to attempt to resolve such matter. To aid the negotiation by the Parties' senior management, the Project Manager and Owner's Representative shall promptly prepare and exchange memoranda stating the issues in dispute and their positions, summarizing the negotiations which have taken place and attaching relevant documents. Should a resolution of such Dispute not be obtained within sixty (60) Days of the non- notifying Party's receipt of such Notice, then either Party may by notice to the other submit the Dispute to arbitration in accordance with the provisions of Section 25.2. Any of the time periods specified in this Section 25.1 may be extended by mutual agreement of the Parties.
Negotiation of Disputes and Disagreements. In the event of any claim, dispute or controversy (each, a “Dispute”) arising out of or relating to the Contract or the breach thereof which the Parties hereto have been unable to settle or agree upon within a period of thirty (30) days after the claim, dispute or controversy first arises, each Party shall nominate a senior officer of its management to meet at a mutually agreed time and place not later than forty-five (45) days after the Dispute first arose to attempt to resolve such matter by negotiation. To aid the negotiation by the Parties’ senior management, the Project Manager and Owner’s Representative shall promptly prepare and exchange memoranda stating the issues in dispute and their positions, summarizing the negotiations which have taken place and attaching relevant documents. Any of the time periods specified in this Section 29.1 may be extended by written agreement of the Parties.
Negotiation of Disputes and Disagreements. If any Dispute arises out of this Agreement or the performance of the Work which the Parties (provided that any dispute between Seller and Contractor shall not be resolved pursuant to this Agreement) are not able to settle or resolve within a period of ten (10) days after the Dispute arises, then each Party (provided that the dispute involves such Party) shall nominate a senior officer of its management to meet at a mutually agreed time and place not later than five (5) days after the initial ten (10) day period that the Dispute has arisen to attempt to resolve such Dispute. If resolution of such Dispute is not obtained within five (5) days after the meeting of senior officers for such purpose, or such longer period as the Parties may mutually agree upon, then any Party may initiate mandatory arbitration in Houston, Texas before a panel of three arbitrators in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The arbitrators shall have the authority to make any award or judgment which a court of competent jurisdiction in the State of Texas could make; provided, however, such arbitrators shall not have authority to impose any indirect, consequential or punitive damages. The decision of the arbitrators shall be final and binding. Any deadline specified in this section may be altered by mutual agreement. In the event of any emergency situation requiring prompt resolution, the Parties agree to act in good faith to shorten the applicable time periods and streamline the negotiation and arbitration process as much as reasonably possible. The procedure specified in this Section 19.4 shall be the exclusive procedure for the resolution of disputes between the Parties arising out of or relating to this Agreement; provided, however, that a party may seek a preliminary injunction or other preliminary judicial relief if, in its reasonable judgment, such action is necessary to avoid irreparable damage. Even if such judicial action is necessary, however, the Parties agree that they will continue to participate in good faith in the procedures specified in this Section. To the extent permitted by applicable Law, all applicable statutes of limitation shall be tolled while the procedures specified in this 58 66 section are pending, and the Parties agree to take such action, if any, required to effectuate such tolling. In the event a Party refuses to arbitrate as required by this section, either party may bring action in any c...
Negotiation of Disputes and Disagreements. Subject to the limitations in Sections 11.2(d) and 13.2, in the event of any dispute, claim, controversy or disagreement arising out of or relating to the implementation or performance of this Agreement, which dispute the parties hereto have been unable to settle or agree upon within a period of ten (10) calendar days after the dispute or disagreement arises, each party shall nominate a senior officer of its management to meet at an agreed time and place not later than ten (10) calendar days after the dispute or disagreement has arisen to attempt to resolve such dispute or disagreement. Should a resolution of such dispute or disagreement not be obtained within fifteen (15) calendar days after the meeting of senior officers for such purpose, either party may then by notice to the other submit the dispute to binding arbitration in accordance with the provisions of Section 20.2.
