Notice; Authorized Persons. During the Term, if any of the PHL Parties, on the one hand, or EQIS, on the other, encounters a problem that it believes constitutes a material breach of the other’s duty to provide either the PHL Services or the EQIS Services, as applicable, the non-breaching Parties shall promptly notify the other Parties in writing, and such breaching Party or Parties shall promptly respond. If the problem is not promptly resolved among the Parties, a PHL Parties Authorized Person and a EQIS Authorized Person shall, before the end of the first full Business Day following the date on which initial notice is provided by the non-breaching Parties, consult with each other in good faith concerning the existence, cause and remediation of the possible breach. 14.01.1.1 If such Authorized Persons mutually determine that the problem constitutes a material breach, the breaching Party or Parties shall promptly take such actions and make any modifications and/or changes as are required to correct the breach, without charge to the non-breaching Parties. 14.01.1.2 If such Authorized Persons cannot mutually determine whether the problem is the result of a material breach, then the dispute shall be resolved in accordance with Section 14.02 below.
Appears in 2 contracts
Samples: Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/), Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/)
Notice; Authorized Persons. During the Term, if any of the PHL Parties, on the one hand, or EQISIWM, on the other, encounters a problem that it believes constitutes a material breach of the other’s duty to provide either the PHL Services or the EQIS IWM Services, as applicable, the non-breaching Parties shall promptly notify the other Parties in writing, and such breaching Party or Parties shall promptly respond. If the problem is not promptly resolved among the Parties, a PHL Parties Authorized Person and a EQIS IWM Authorized Person shall, before the end of the first full Business Day following the date on which initial notice is provided by the non-breaching Parties, consult with each other in good faith concerning the existence, cause and remediation of the possible breach.
14.01.1.1 If such Authorized Persons mutually determine that the problem constitutes a material breach, the breaching Party or Parties shall promptly take such actions and make any modifications and/or changes as are required to correct the breach, without charge to the non-breaching Parties.
14.01.1.2 If such Authorized Persons cannot mutually determine whether the problem is the result of a material breach, then the dispute shall be resolved in accordance with Section 14.02 below.
Appears in 1 contract
Samples: Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/)
Notice; Authorized Persons. During the Term, if any of the PHL Parties, on the one hand, or EQISICC, on the other, encounters a problem that it believes constitutes a material breach of the other’s duty to provide either the PHL Services or the EQIS Investor Capital Services, as applicable, the non-breaching Parties shall promptly notify the other Parties in writing, and such breaching Party or Parties shall promptly respond. If the problem is not promptly resolved among the Parties, a PHL Parties Authorized Person and a EQIS an ICC Authorized Person shall, before the end of the first full Business Day following the date on which initial notice is provided by the non-breaching Parties, consult with each other in good faith concerning the existence, cause and remediation of the possible breach.
14.01.1.1 If such Authorized Persons mutually determine that the problem constitutes a material breach, the breaching Party or Parties shall promptly take such actions and make any modifications and/or changes as are required to correct the breach, without charge to the non-breaching Parties.
14.01.1.2 If such Authorized Persons cannot mutually determine whether the problem is the result of a material breach, then the dispute shall be resolved in accordance with Section 14.02 15.02 below.
Appears in 1 contract
Samples: Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/)
Notice; Authorized Persons. During the Term, if any of the PHL Parties, on the one hand, or EQISthe X.X. XXXXXX Parties, on the other, encounters a problem that it believes constitutes a material breach of the other’s duty to provide either the PHL Services or the EQIS X.X. XXXXXX Services, as applicable, the non-breaching Parties shall promptly notify the other Parties in writing, and such breaching Party or Parties shall promptly respond. If the problem is not promptly resolved among the Parties, a PHL Parties Authorized Person and a EQIS an X.X. XXXXXX Authorized Person shall, before the end of the first full Business Day following the date on which initial notice is provided by the non-breaching Parties, consult with each other in good faith concerning the existence, cause and remediation of the possible breach.
14.01.1.1 If such Authorized Persons mutually determine that the problem constitutes a material breach, the breaching Party or Parties shall promptly take such actions and make any modifications and/or changes as are required to correct the breach, without charge to the non-breaching Parties.
14.01.1.2 If such Authorized Persons cannot mutually determine whether the problem is the result of a material breach, then the dispute shall be resolved in accordance with Section 14.02 below.
Appears in 1 contract
Samples: Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/)
Notice; Authorized Persons. During the Term, if any of the PHL Parties, on the one hand, or EQISPDA, on the other, encounters a problem that it believes constitutes a material breach of the other’s duty to provide either the PHL Services or the EQIS PDA Services, as applicable, the non-breaching Parties shall promptly notify the other Parties in writing, and such breaching Party or Parties shall promptly respond. If the problem is not promptly resolved among the Parties, a PHL Parties Authorized Person and a EQIS PDA Authorized Person shall, before the end of the first full Business Day following the date on which initial notice is provided by the non-breaching Parties, consult with each other in good faith concerning the existence, cause and remediation of the possible breach.
14.01.1.1 If such Authorized Persons mutually determine that the problem constitutes a material breach, the breaching Party or Parties shall promptly take such actions and make any modifications and/or changes as are required to correct the breach, without charge to the non-breaching Parties.
14.01.1.2 If such Authorized Persons cannot mutually determine whether the problem is the result of a material breach, then the dispute shall be resolved in accordance with Section 14.02 below.
Appears in 1 contract
Samples: Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/)
Notice; Authorized Persons. During the Term, if any of the PHL Parties, on the one hand, or EQISany of the LCM Parties, on the other, encounters a problem that it believes constitutes a material breach of the other’s 's duty to provide either the PHL Services or the EQIS LCM Services, as applicable, the non-breaching Parties shall promptly notify the other Parties in writing, and such breaching Party or Parties shall promptly respond. If the problem is not promptly resolved among the Parties, a PHL Parties Authorized Person and a EQIS an LCM Parties Authorized Person shall, before the end of the first full Business Day following the date on which initial notice is provided by the non-breaching Parties, consult with each other in good faith concerning the existence, cause and remediation of the possible breach.
14.01.1.1 (a) If such Authorized Persons mutually determine that the problem constitutes a material breach, the breaching Party or Parties shall promptly take such actions and make any modifications and/or changes as are required to correct the breach, without charge to the non-breaching Parties.
14.01.1.2 (b) If such Authorized Persons cannot mutually determine whether the problem is the result of a material breach, then the dispute shall be resolved in accordance with Section 14.02 16.02 below.
Appears in 1 contract
Samples: Strategic Alliance Agreement (PHL Variable Insurance Co /Ct/)