Common use of Negotiation to Resolve Disputes Clause in Contracts

Negotiation to Resolve Disputes. If a Dispute arises, any Disputing Partner may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners (a “Dispute Notice”), after which the Disputing Partners shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 Days after receipt of the Dispute Notice, one representative selected by each Disputing Partner shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts to resolve the matter described in Section 10.2(a) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designee) of the Parent of each Disputing Partner shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then after the 10th Day following the commencement of the efforts to resolve the matter described in Section 10.2(b), any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAA”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners (an “Arbitration Notice”) within the applicable limitation period provided by law.

Negotiation to Resolve Disputes. If a Dispute arises, any Disputing Partner may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners (a “Dispute Notice”), after which the Disputing Partners shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 7 Days after receipt of the Dispute Notice, one representative selected by each the Representatives of the Disputing Partner Partners shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(a10.02 (a) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designee) of the Parent of each Disputing Partner shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then after the 10th Day following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(b10.02(b), any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAA”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners (an “Arbitration Notice”) within the applicable limitation period provided by law.

Negotiation to Resolve Disputes. If a Dispute arises, any Disputing Partner Member may initiate the dispute resolution procedure under this Article 10 XII by notifying the other Disputing Partners Members (a “Dispute Notice”), after which the Disputing Partners Members shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 Days after receipt of the Dispute Notice, one representative selected by each Disputing Partner Member shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts to resolve the matter described in Section 10.2(a12.02(a) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designee) of the Parent parent of each Disputing Partner Member shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then after the 10th Day following the commencement of the efforts to resolve the matter described in Section 10.2(b12.02(b), any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAA”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners Members (an “Arbitration Notice”) within the applicable limitation period provided by law.

Negotiation to Resolve Disputes. If a Dispute arises, any either Disputing Partner Member may initiate the dispute dispute-resolution procedure under procedures of this Article 10 by notifying the other Disputing Partners delivering a notice (a “Dispute Notice”), after which ) to the other Disputing Partners shall attempt to resolve such Dispute through the following procedure: (a) first, within Members. Within 10 Days after receipt of the delivery of a Dispute Notice, one representative selected by each Disputing Partner Member shall designate a representative, and such representatives shall promptly meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second. If such representatives can resolve the Dispute, if such resolution shall be reported in writing and shall be binding upon the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts Disputing Members. If such representatives are unable to resolve the matter described in Section 10.2(a) but in no event later than Dispute within 30 Days following the 30th Day after receipt delivery of the Dispute Notice (or such other period as such representatives may agree), or if a Disputing Member fails to appoint a representative within 10 Days of delivery following the delivery of the Dispute Notice, then the chief executive officer (or his designee) of the Parent of process described in this Section 10.02 shall be repeated, with each Disputing Partner shall meet (whether by phone or Member designating one of its senior officers to be its representative in person) in a good faith attempt such second round of negotiations. If such representatives are unable to resolve the Dispute; and Dispute within 30 Days following the delivery of the second Dispute Notice (c) thirdor such other period as such representatives may agree), or if a Disputing Member fails to appoint a representative for such second round of negotiations within 10 Days of delivery following the delivery of the Dispute is still unresolvedNotice, then after the 10th Day following the commencement of the efforts to resolve the matter described in Section 10.2(b), any Disputing Party Member may submit the such Dispute for resolution under the Federal Arbitration Act by to binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAA”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of under this Agreement, Article 10 by notifying the other Disputing Partners Members (an “Arbitration Notice”) within the applicable limitation period provided by law).

Negotiation to Resolve Disputes. If a Dispute arises, any Disputing Partner Member may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners Members (a “Dispute Notice”), after which the Disputing Partners Members shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 7 Days after receipt of the Dispute Notice, one representative selected by each the Representatives of the Disputing Partner Members shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(a10.02 (a) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designee) of the Parent of each Disputing Partner Member shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then after the 10th Day following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(b10.02(b), any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAA”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners Members (an “Arbitration Notice”) within the applicable limitation period provided by law.

Negotiation to Resolve Disputes. If a Dispute arises, any Disputing Partner Member may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners Members (a “Dispute Notice”), after which the Disputing Partners Members shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 7 Days after receipt of the Dispute Notice, one representative selected by each the Representatives of the Disputing Partner Members shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(a) 10.02(a), but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designee) of the Parent of each Disputing Partner Member shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then after the 10th Day following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(b10.02(b), any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAA”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners Members (an “Arbitration Notice”) within the applicable limitation period provided by law.

Negotiation to Resolve Disputes. (a) If a Dispute arises, any Disputing Partner may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners (a “Dispute Notice”), after which the Disputing Partners Parties shall attempt to resolve such Dispute through the following procedure: (ai) first, within 10 Days after receipt of the Dispute Notice, one representative selected by each Disputing Partner Parties shall promptly meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (bii) second, if the Dispute is still unresolved, then unresolved after the 20th Day 10 Business Days following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(a9.2(a)(i), then (A) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designeethe designee thereof) of Knight, on behalf of Operator, and (B) the Parent designee of each Disputing Partner the Board of Directors (as defined in the LLC Agreement), on behalf of Owner, shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (ciii) third, if the Dispute is still unresolved, then unresolved after the 10th Day 10 Business Days following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(b9.2(a)(ii), then any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAAInitiating Party”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses may submit such Dispute to binding arbitration under this Article by written notice to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners Party (an “Arbitration Notice”) delivered within 30 Business Days thereafter. (b) At the applicable limitation period provided by lawsame time that the Initiating Party sends an Arbitration Notice to the other Party, it shall also send an Arbitration Notice to the regional office of the CPR Institute covering Chicago, Illinois. The Arbitration Notice shall contain a brief description of the nature of the Dispute.

Negotiation to Resolve Disputes. If a Dispute arises, any Disputing Partner may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners (a “Dispute Notice”), after which the Disputing Partners shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 Days after receipt of the Dispute Notice, one representative selected by each Disputing Partner shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then after the 20th Day following the commencement of the efforts to resolve the matter described in Section 10.2(a) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer (or his designee) of the Parent of each Disputing Partner shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then after the 10th Day following the commencement of the efforts to resolve the matter described in Section 10.2(b), any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “"AAA”") then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners (an “Arbitration Notice”) within the applicable limitation period provided by law.

Negotiation to Resolve Disputes. If a Dispute arisesarises (other than disputes that are the subject of Section 3.4, any Disputing Partner may initiate the dispute resolution procedure under this Article 10 by notifying the other Disputing Partners (a “Dispute Notice”which shall be resolved as provided in Section 3.4), after which the Disputing Partners Parties shall attempt to resolve such Dispute through the following procedure: (a) first, within 10 Days after receipt of the Dispute Notice, one representative selected by each Disputing Partner Parties shall promptly meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; (b) second, if the Dispute is still unresolved, then unresolved after the 20th Day ten Business Days following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(a13.2(a), then (i) but in no event later than the 30th Day after receipt of the Dispute Notice, the chief executive officer of Xxxxxx Xxxxxx, Inc. (or his designee) the designee thereof), on behalf of the Parent KM Member or the Company, and (ii) the chief executive officer of each Disputing Partner The Southern Company (or the designee thereof), on behalf of the Buyer, shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute; and (c) third, if the Dispute is still unresolved, then unresolved after the 10th Day ten Business Days following the commencement of the efforts to resolve the matter negotiations described in Section 10.2(b13.2(b), then any Disputing Party may submit the Dispute for resolution under the Federal Arbitration Act by binding arbitration following the Commercial Arbitration Rules of the American Arbitration Association (or, if that Association has ceased to exist, its principal successor) (the “AAAInitiating Party”) then in effect, including its evidentiary and procedural rules (excluding rules governing the payment of arbitration, administrative or other fees or expenses may submit such Dispute to binding arbitration under this Article by written notice to the Arbitrator(s) or the AAA), to the extent that such rules do not conflict with the terms of this Agreement, by notifying the other Disputing Partners Party (an “Arbitration Notice”) given within 30 Business Days thereafter. At the applicable limitation period provided same time that the Initiating Party sends an Arbitration Notice to the other Party, it shall also send an Arbitration Notice to the regional office of the CPR Institute covering Washington, D.C. containing the information required by lawthe CPR Rules and as set forth herein. The Arbitration Notice shall contain a brief description of the nature of the Dispute.