Common use of Prerequisite to Formal Proceedings Clause in Contracts

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. Upon the earlier to occur of (i) the designated senior executives under Section 19.1(b16.1(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(a16.1(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 TAC Section 201.1(b).