Common use of Prerequisite to Formal Proceedings Clause in Contracts

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 17.1(b) concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) thirty (30) days after the initial notice under Section 17.1(a) referring the dispute to senior corporate executives. The provisions and time periods specified in this Section 17.1 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, or (C) address a claim arising out of or relating to a Party's obligations under Section 4.2, Article 12 or a dispute subject to Section 18.10

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 17.1(b) 4.5a.i. above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or or (ii) thirty (30) [***] days after the initial notice under Section 17.1(a) 4.5a.i. above referring the dispute to designated senior corporate executives. The provisions and time periods specified in this Section 17.1 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 claim arising out of or relating dispute to a Party's obligations under Section 4.2, Article 12 or a dispute the extent subject to Section 18.10equitable or injunctive relief.

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 17.1(b) 4.5a.i. above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or or (ii) thirty (30) [***]days after the initial notice under Section 17.1(a) 4.5a.i. above referring the dispute to designated senior corporate executives. The provisions and time periods specified in this Section 17.1 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 claim arising out of or relating dispute to a Party's obligations under Section 4.2, Article 12 or a dispute the extent subject to Section 18.10equitable or injunctive relief.

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 17.1(bSECTION 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 initial notice under Section 17.1(aSECTION 19.1(a) above referring the dispute to senior corporate executives. The provisions and time periods specified in this Section 17.1 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, or (C) address a claim arising out of or relating to the breach of a Party's obligations under Section 4.2, Article 12 ARTICLE 13 or a dispute subject to Section 18.10SECTION 20.7.

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 17.1(b22.1(b) (Escalation) concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) thirty (30) days after the initial notice under Section 17.1(a22.1(a) (Initial Effort) referring the dispute to senior corporate executives. The provisions and time periods specified in this Section 17.1 22.1 (Informal Dispute Resolution) shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to (A1) avoid the expiration of any applicable limitations period, (B2) preserve a superior position with respect to other creditors, or (C3) address a claim arising out of or relating to the breach of a Party's ’s obligations under Section 4.2, Article 12 15 (Sears Data and Other Confidential Information) or a dispute subject to Section 18.1026.15 (Equitable Remedies).

Prerequisite to Formal Proceedings. Formal proceedings for the resolution of a dispute (including arbitration proceedings with respect to any Arbitrable Dispute) may not be commenced until the earlier of: (i) the designated senior corporate executives under Section 17.1(b) concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; orand (ii) thirty (30) days after the initial notice under Section 17.1(a) referring the dispute to the senior corporate executives. The provisions and time periods specified in this Section 17.1 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, creditors or (C) address a claim dispute arising out of or relating to a Party's obligations under Section 4.2, 4.2 or Article 12 or a dispute subject to Section 18.1018.11.

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 Joint Review Board under Section 17.1(b19.1(c) above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or or (ii) thirty (30) [**] days after the initial notice under Section 17.1(a19.1(a) above referring the dispute to senior corporate executivesthe Joint Review Board. The provisions and time periods specified in this Section 17.1 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, or (C) address a claim arising out of or relating to the breach of a Party's ’s obligations under Section 4.2, Article 12 13 or a dispute subject to Section 18.1019.5.

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 17.1(b4.7(A)(a) above concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or or (ii) thirty (30) days [**] after the initial notice under Section 17.1(a4.7(A)(a) above referring the dispute to designated senior corporate executives. The provisions and time periods specified in this Section 17.1 4.7(A) 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 or relating dispute to a Party's obligations under Section 4.2, Article 12 or a dispute the extent subject to Section 18.10equitable or injunctive relief.