Problem Escalation and Resolution Sample Clauses

Problem Escalation and Resolution. 37.1 Any question or difference which may arise concerning the construction, meaning, effect or operation of this Agreement or any matter arising out of or in connection with this Agreement shall in the first instance be referred to the ntl Contract Executive and the IBM Project Executive for discussion and resolution at or by the next Review Meeting. If the matter is not resolved at such meeting, the matter shall be referred to the next level of ntl's and IBM's management who must meet within three working days or such other period as the parties may agree to attempt to resolve the matter. If the matter is not resolved at that meeting, the escalation shall continue with the same maximum time interval through two more levels of management. If the unresolved matter is having a serious effect on the Services, the parties shall use every reasonable endeavour to reduce the elapsed time in completing the process. Neither party may initiate any legal action until the process has been completed, unless such party has reasonable cause to do so to avoid damage to its business or to protect or preserve any right of action it may have. 37.2 The levels of escalation referred to in Clause 37.1 above are: IBM NTL First Level - Director of Services, First Level - Director, IT. EMEA Region North Second Level - General Manager, Second Level - Director, Finance. Professional Services, EMEA Third Level - Director of Services, Third Level - Chief Operating EMEA Officer/Managing Director. If any of the above are unable to attend a meeting, a substitute may attend provided that such substitute has at least the same seniority or reasonably comparable managerial or directorial responsibility and is authorised to settle the unresolved matter. 37.3 If the dispute is not resolved by escalation in accordance with Clause 37.1 the parties shall seek to resolve disputes between them pursuant to Clause 38.2 (Alternative dispute resolution).

Problem Escalation and Resolution