Prerequisite to Formal Proceedings. Upon the earlier to occur of (1) the designated senior executives under Section 12.1.2 Escalation concluding in good faith that amicable resolution through continued negotiation of a dispute does not appear likely and (2) the thirty-first (31st) day following the date of the notice provided under Section 12.1.1 Initial Effort referring the dispute to senior executives, then the Parties shall be entitled to discontinue negotiations and to seek to resolve the dispute through the dispute resolution process provided for in Chapter 2260, Texas Government Code, and DIR Rule Number 1, TAC Section 201.1(b).
Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) the designated senior corporate executives under Section 4.5a.i. above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) [***] days after the notice under Section 4.5a.i. above referring the dispute to designated senior corporate executives. The time periods specified in this Section 4.5a. shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to (A) avoid the expiration of any applicable limitations period, (B) preserve a superior position with respect to other creditors, or (C) address a dispute to the extent subject to equitable or injunctive relief.
Prerequisite to Formal Proceedings. In the event that a Party determines that amicable resolution through continued negotiations of a dispute does not appear likely, such Party shall be entitled to discontinue negotiations and resolve the dispute through the dispute resolution process provided for in NRS 38. The parties hereby agree to binding arbitration.
Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of:
(i) the designated senior corporate executives under Section 19.1(b) above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or
(ii) thirty (30) days after the notice under Section 19.1(a) above referring the dispute to senior corporate executives.
Prerequisite to Formal Proceedings. In the event that a Party determines that amicable resolution through continued negotiations of a dispute does not appear likely, such Party shall be entitled to discontinue negotiations and resolve the dispute through the dispute resolution process provided for in Chapter 2260, Texas Government Code.
Prerequisite to Formal Proceedings. Upon the earlier to occur of (i) the designated senior executives under Section 19.1(b) concluding in good faith that amicable resolution through continued negotiation of a dispute does not appear likely and (ii) the thirty-first (31st) day following the date of the notice provided under Section 19.1(a) referring the dispute to senior executives, then the Parties shall be entitled to discontinue negotiations and to seek to resolve the dispute through the dispute resolution process provided for in Chapter 2260, Texas Government Code, and DIR Rule Number 1, Texas Administrative Code Section 201.1(b).
Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute may not be commenced until the completion of the process for dispute resolution set forth in Section 4.0 of Part 5 of SCHEDULE E (Statement of Work - Governance). The time periods specified in Section 4.0 of Part 5 of SCHEDULE E (Statement of Work - Governance) shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to (A) avoid the expiration of any applicable limitations period, (B) preserve a superior position with respect to other creditors, or (C) address a claim arising out of the infringement, misappropriation or other violation of a Party's intellectual property rights by the other Party or the breach of a Party's obligations under ARTICLE 13 or a dispute subject to SECTION 20.9.
Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute may not be commenced until the completion of the process for dispute resolution set forth in Section 4.0 of Part 5 of SCHEDULE E (Statement of Work- RESTRICTED - PROPRIETARY INFORMATION The information contained herein is for use by authorized employees of SBC, Amdocs, and their Affiliated Companies, only, and is not for general distribution within those companies or for distribution outside those companies except by written agreement. Agreement No. 02026409
Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of (i) the designated senior corporate executives under paragraph (b) above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; (ii) 90 days after the notice under paragraph (a) above referring the dispute to designated senior corporate executives; or (iii) the mediation referenced in paragraph (c) has neither commenced nor been resolved within 60 days following refusal by the Parties. The time periods specified in this Section 19.1 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to (A) avoid the expiration of any applicable limitations period, (B) preserve a superior position with respect to other creditors, (C) seek immediate injunctive relief to avoid irreparable harm, or (D) address a claim arising out of the breach of a Party’s obligations under Article XII or a dispute subject to Section 18.12. The Party filing a pleading seeking immediate injunctive relief, which is not awarded in substantial part, shall pay all reasonable costs and attorneys’ fees of the other Party in connection with such pleading.
Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute may not be commenced until the earlier of:
(i) the Joint Review Board under Section 19.1(b) above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or
(ii) [**] days after the notice under Section 19.1(a) above referring the dispute to the Joint Review Board.
