Common use of Prerequisite to Formal Proceedings Clause in Contracts

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).

Appears in 6 contracts

Samples: Mainframe Services Master Services Agreement, Master Services Agreement, Master Services Agreement

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Prerequisite to Formal Proceedings. Upon the earlier to occur of (1i) the designated senior executives under Section 12.1.2 Escalation 19.1(b) concluding in good faith that amicable resolution through continued negotiation of a dispute does not appear likely and (2ii) the thirty-first (31st) day following the date of the notice provided under Section 12.1.1 Initial Effort 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, TAC Section 201.1(b).

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Prerequisite to Formal Proceedings. Upon the earlier to occur of (1i) the designated senior executives under Section 12.1.2 Escalation 18.1(b) concluding in good faith that amicable resolution through continued negotiation of a dispute does not appear likely and (2ii) the thirty-first fifteenth (31st15th) day following the date of the notice provided under Section 12.1.1 Initial Effort 18.1(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, TAC Section 201.1(b).

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Prerequisite to Formal Proceedings. Upon the earlier to occur of (1i) the designated senior executives under Section 12.1.2 Escalation 19.1(b) concluding in good faith that amicable resolution through continued negotiation of a dispute does not appear likely and (2ii) the thirty-first (31st) day following the date of the notice provided under Section 12.1.1 Initial Effort S ection 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, TAC Texas Administrative Code Section 201.1(b).

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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Prerequisite to Formal Proceedings. Upon the earlier to occur of (1) the designated senior executives under Section 12.1.2 13.1.2 Escalation concluding in good faith that amicable resolution through continued negotiation of a dispute does not appear likely and likely, or (2) the thirty-first (31st) day following the date of the notice provided under Section 12.1.1 13.1.1 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).

Appears in 1 contract

Samples: Master Services Agreement

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