Common use of Negotiations in good faith Clause in Contracts

Negotiations in good faith. In any case, the parties shall negotiate in good faith as to any requested change and the terms of CME’s proposal, if any. Any change implemented by CME pursuant to this Section shall be made, unless otherwise agreed, at the sole expense of NYMEX at a commercially reasonable fee or other financial basis to be agreed upon between the parties. Such financial arrangement may include upfront fees and/or modifications to the fee structure set forth in Exhibit B.

Appears in 4 contracts

Samples: Cross Margining Agreement (Nymex Holdings Inc), Cross Margining Agreement (Chicago Mercantile Exchange Holdings Inc), Cross Margining Agreement (Nymex Holdings Inc)

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