Common use of Negotiations of Dispute Clause in Contracts

Negotiations of Dispute. Prior to commencing any arbitration with respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating to the interpretation or application of any term or provisions of this Agreement, a Party sha l provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days following such notice enter into good faith discussions and negotiations in an attempt to resolve such dispute. If, by the end of such thirty (30) day period, unless such period is extended by mutual written agreement of the Parties, the Parties have been unable to resolve such dispute, either Party may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration). The procedures specified in this Section 12.1 (Negotiations of Dispute) are a precondition to the initiation of arbitration by a Party, in connection with disputes between the Parties arising from or related to this Agreement or a Purchase Order; provided, however, that a Party may seek a preliminary injunction or other preliminary judicial relief, without attempting to resolve such dispute as provided in this Section 12.1 (Negotiations of Dispute), if in its judgment such action is necessary to avoid irreparable harm. The Parties expressly and irrevocably submit to the jurisdiction of the courts of New York, New York, U.S.A, for any such injunctive relief. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) does not affect a Party’s right to terminate this Agreement as provided in Section 6 hereof, and neither Party shall be required to follow these procedures prior to terminating the Agreement. The failure of either Party to participate in good faith discussions and negotiations in an attempt to resolve such dispute shall not delay the date by which the other Party may initiate arbitration under this Section 12.1 (Negotiations of Dispute). 12.2.

Negotiations of Dispute. Prior to commencing any arbitration with respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating to the interpretation or application of any term or provisions of this Agreement, a Party sha l shal provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days following such notice enter into good faith discussions and negotiations in an attempt to resolve such dispute. If, by the end of such thirty (30) day period, unless such period is extended by mutual written agreement of the Parties, the Parties have been unable to resolve such dispute, either Party may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration). The procedures specified in this Section 12.1 (Negotiations of Dispute) are a precondition to the initiation of arbitration by a Party, in connection with disputes between the Parties arising from or related to this Agreement or a Purchase Order; provided, however, that a Party may seek a preliminary injunction or other preliminary judicial relief, without attempting to resolve such dispute as provided in this Section 12.1 (Negotiations of Dispute), if in its judgment such action is necessary to avoid irreparable harm. The Parties expressly and irrevocably submit to the jurisdiction of the courts of New York, New York, U.S.A, for any such injunctive relief. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) does not affect a Party’s right to terminate this Agreement as provided in Section 6 hereof, and neither Party shall be required to follow these procedures prior to terminating the Agreement. The failure of either Party to participate in good faith discussions and negotiations in an attempt to resolve such dispute shall not delay the date by which the other Party may initiate arbitration under this Section 12.1 (Negotiations of Dispute). 12.2.

Negotiations of Dispute. Prior to commencing any arbitration litigation with respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating to the interpretation or application of any term or provisions of this Agreement, a Party sha l shall provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days [***] following such notice enter into good faith discussions and negotiations in an attempt to resolve such dispute, unless acts or circumstances such as bankruptcy, insolvency, refusal to negotiate in good faith, or repudiation frustrate or make impossible such good faith discussions and negotiations. If, by the end of such thirty (30) day [***] period, unless such period is extended by mutual written agreement of the Parties, the Parties have been unable to resolve such dispute, either Party may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration)litigation. The procedures specified in this Section 12.1 (Negotiations of Dispute) are a precondition to the initiation of arbitration litigation by a Party, in connection with disputes between the Parties arising from or related to this Agreement or a Purchase OrderAgreement; provided, however, that a Party may may: (i) seek a preliminary injunction or other preliminary judicial relief, Signature Version Confidential without attempting to resolve such dispute as provided in this Section 12.1 (Negotiations of Dispute)Section, if in its judgment such action is necessary to avoid irreparable harm. The Parties expressly and irrevocably submit ; or (ii) institute formal proceedings to avoid the jurisdiction expiration of the courts of New York, New York, U.S.A, for any such injunctive reliefapplicable limitations period. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) does not affect a Party’s right to terminate this Agreement as provided in Section 6 Article 9 hereof, and neither Party shall be required to follow these procedures prior to terminating the Agreement. The failure of either Party to participate in good faith discussions and negotiations in an attempt to resolve such dispute shall not delay the date by which the other Party may initiate arbitration under this Section 12.1 (Negotiations of Dispute). 12.2.

Negotiations of Dispute. Prior to commencing any arbitration with respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating rela ting to the interpretation or application of any term or provisions of this Agreement, a Party sha l provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days following such notice enter into good faith fa ith discussions and negotiations in an attempt to resolve such dispute. If, by the end of such thirty (30) day period, unless such period is extended by mutual written agreement of the Parties, the Parties have been unable to resolve such dispute, either Party may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration). The procedures specified in this Section 12.1 (Negotiations Negotia tions of Dispute) are a re a precondition to the initiation initia tion of arbitration by a Party, in connection with disputes between the Parties arising from or related to this Agreement or a Purchase Order; provided, however, that a Party may seek a preliminary injunction or other preliminary judicial relief, without attempting to resolve such dispute as provided in this Section 12.1 (Negotiations of Dispute), if in its judgment such action is necessary to avoid irreparable harm. The Parties expressly and irrevocably submit to the jurisdiction of the courts of New York, New York, U.S.A, for any such injunctive relief. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) does not affect a Party’s right to terminate this Agreement as provided in Section 6 hereof, and neither Party shall be required to follow these procedures prior to terminating the Agreement. The failure of either Party to participate in good faith discussions and negotiations in an attempt to resolve such dispute shall sha ll not delay the date by which the other Party may initiate arbitration under this Section 12.1 (Negotiations of Dispute). 12.2.

Negotiations of Dispute. Prior to commencing any arbitration with With respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating to the interpretation or application of any term or provisions of this AgreementAgreement or an SOW or any related documents, a Party sha l shall provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days following such notice notice, enter into good faith discussions and negotiations in an attempt to resolve such dispute. If, by the end of such thirty (30) day period, unless such period is extended by mutual written agreement of the Parties, if the Parties have been unable to resolve such dispute, either Party may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration)litigation. The procedures specified in this Section 12.1 (Negotiations of Dispute) are is a precondition to the initiation of arbitration litigation by a Party, in connection with disputes between the Parties arising from out of or related relating to this Agreement or a Purchase Orderand any SOW; provided, however, that a Party may may: (i) seek a preliminary injunction or other preliminary judicial relief, without attempting to resolve such dispute as provided in this Section 12.1 (Negotiations of Dispute)Section, if in its judgment such action is necessary to avoid irreparable harm. The Parties expressly and irrevocably submit ; or (ii) institute formal proceedings to avoid the jurisdiction expiration of the courts of New York, New York, U.S.A, for any such injunctive reliefapplicable limitations period. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) 15.1 does not affect a Party’s right to terminate this Agreement or an SOW as provided in the Termination Section 6 hereof, and neither Party party shall be required to follow these procedures prior to terminating the Agreement. The failure Portions herein identified by XXXX have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of either Party to participate in good faith discussions the Securities Exchange Act of 1934, as amended. A complete copy of this document has been filed separately with the Securities and negotiations in an attempt to resolve such dispute shall not delay the date by which the other Party may initiate arbitration under this Section 12.1 (Negotiations of Dispute). 12.2Exchange Commission.

Negotiations of Dispute. Prior to commencing any arbitration with respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating to the interpretation or application of any term or provisions of this Agreement, a Party sha l shall provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days following such notice enter into good faith discussions and negotiations in an attempt to resolve such dispute. If, by the end of such thirty (30) day period, unless such period is extended by mutual written agreement of the Parties, the Parties have been unable to resolve such dispute, either Party may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration). The procedures specified in this Section 12.1 (Negotiations of Dispute) are a precondition to the initiation of arbitration by a Party, in connection with disputes between the Parties arising from or related to this Agreement or a Purchase Order; provided, however, that a Party may seek a preliminary injunction or other preliminary judicial relief, without attempting to resolve such dispute as provided in this Section 12.1 (Negotiations of Dispute), if in its judgment such action is necessary to avoid irreparable harm. The Parties expressly and irrevocably submit to the jurisdiction of the courts of New York, New York, U.S.A, for any such injunctive relief. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) does not affect a Party’s right to terminate this Agreement as provided in Section 6 hereof, and neither Party shall be required to follow these procedures prior to terminating the Agreement. The failure of either Party to participate in good faith discussions and negotiations in an attempt to resolve such dispute shall not delay the date by which the other Party may initiate arbitration under this Section 12.1 (Negotiations of Dispute). 12.2.

Negotiations of Dispute. Prior to commencing any arbitration with respect to any controversy, claim, counterclaim, dispute, difference or misunderstanding arising out of or relating to the interpretation or application of any term or provisions of this Agreement, a Party sha l shall provide written notice to the other Party of the existence of such dispute. The Parties shall for a period of thirty (30) days following such notice enter ente into good faith discussions and negotiations in an attempt to resolve such dispute. If, by the end of such suc thirty (30) day period, unless such period is extended extende by mutual written agreement of the Parties, the Parties Parti have been unable to resolve such dispute, either Party Par may initiate arbitration in accordance with the procedures set forth in Section 12.2 (Arbitration). The procedures specified in this Section 12.1 (Negotiations of Dispute) are a precondition to the initiation of arbitration by a Party, in connection with wit disputes between the Parties arising from or related to this Agreement or a Purchase Order; provided, however, that a Party may seek a preliminary injunction or other preliminary judicial relief, without witho attempting to resolve such dispute as provided in this thi Section 12.1 (Negotiations of Dispute), if in its judgment such action is necessary to avoid irreparable irreparab harm. The Parties expressly and irrevocably submit to the jurisdiction of the courts of New York, New York, Yo U.S.A, for any such injunctive relief. Further, the requirement to attempt to resolve a dispute in accordance with this Section 12.1 (Negotiations of Dispute) does not affect a Party’s right to terminate this Agreement as provided in Section 6 hereof, and neither Party shall be required to follow these procedures prior to terminating the Agreement. The failure of either Party to participate in good faith discussions and negotiations in an attempt to resolve resolv such dispute shall not delay the date by which the other Party may initiate arbitration under this Section Sectio 12.1 (Negotiations of Dispute). 12.2.