Referral to Senior Executives. If a Dispute has not been resolved within fifteen (15) Days of the Project Manager’s first meeting referenced in Section 16.1, the Project Managers shall refer the Dispute to senior executives of the Parties, who shall have authority to settle the Dispute (herein referred to as “Senior Executives”). Thereupon, the Project Managers shall promptly prepare and exchange memoranda stating the issues in the Dispute and their positions, summarizing the negotiations which have taken place and attaching relevant documents. The Senior Executives will meet for negotiations within fifteen (15) Days after the end of the fifteen (15) Day period referred to above, at a mutually agreed time and place. A written decision on the part of the Senior Executives to settle the Dispute shall be binding on both Parties.
Referral to Senior Executives. The Parties recognize that a dispute arising out of or in connection with this Agreement (“Dispute”) may from time to time arise during the term of this Agreement. Any such Dispute which cannot be resolved by good faith negotiations shall be referred, by written notice from either Party to the other, to the Senior Executives (or their respective designees) for resolution. The Senior Executives (or their respective designees) shall negotiate in good faith to resolve such Dispute through discussions promptly following such written notice. If the Senior Executives cannot resolve the Dispute within [***] ([***]) days of such written notice, or either Party concludes that the matter will not be so resolved, then, the provisions of Article 16.2 shall apply. If the Parties should resolve such Dispute pursuant to the procedures in this Article 16.1, a memorandum setting forth their agreement will be prepared and signed by both Parties, if requested by either Party.
Referral to Senior Executives. The Parties recognize that disputes as to certain matters relating to this Agreement may from time to time arise during the term of this Agreement. Any such dispute which cannot be resolved by good faith negotiations shall be referred, by written notice from either Party to the other, to the Senior Executives (or their respective designees) for resolution. The Senior Executives (or their respective designees) shall negotiate in good faith to resolve such dispute through discussions promptly following such written notice. If the Senior Executives cannot resolve the dispute within forty-five (45) days of such written notice, or either Party concludes that the matter will not be so resolved, then, (a) with respect to disputes or decisions regarding matters described in Section 17.2(a), the provisions set forth in Section 17.2 shall apply, and (b) with respect to all other disputes, the provisions of Section 17.3 shall apply. If the Parties should resolve such dispute pursuant to the procedures in this Section 17.1, a memorandum setting forth their agreement will be prepared and signed by both Parties, if requested by either Party.
Referral to Senior Executives. Except as set forth in Section 3.2(b), any dispute arising out of or relating to this Agreement shall first be referred to the Senior Executives of both Parties for resolution. Such Senior Executives shall attempt in good faith to resolve such dispute within ***** following such referral. If the Senior Executives cannot resolve such dispute within such ***** period, then either Party may make a written demand for formal dispute resolution pursuant to Section 10.2. * *****Confidential material redacted and filed separately with the Commission.
Referral to Senior Executives. If a Dispute is not resolved within 7 days of the Dispute being referred to the Technical Committee or within 14 days after the Dispute Notice is given, whichever is earlier, the Parties shall seek to resolve the Dispute through their respective senior executives (at the vice president level or higher) before proceeding to resolve the Dispute through dispute resolution in accordance with Section 15.5. Each Party shall appoint a senior executive to undertake such informal process within 10 days of a Party notifying the other Party that the Technical Committee has not timely resolved the Dispute and the Parties shall use commercially reasonable efforts to resolve the Dispute through their appointed senior executives within 30 days after notification.
Referral to Senior Executives. The Parties recognize that disputes as to certain matters relating to this Agreement may from time to time arise during the term of this Agreement (each, including any dispute arising with respect to the existence, object, interpretation, performance, enforcement, termination, invalidity or arbitrability of this Agreement, a “Dispute”). If any such Dispute cannot be resolved by good faith negotiations, such Dispute shall be referred, by written notice from either Party to the other, to the Senior Executives for resolution. The Senior Executives or their respective designees (with similar authority to resolve such Dispute) shall negotiate in good faith to resolve such Dispute through discussions promptly following such written notice. If the Senior Executives cannot resolve the Dispute within [***] of such written notice[***] then, the provisions of Section 13.2 shall apply.
Referral to Senior Executives. In the event of any Action, dispute or controversy arising out of or relating to this Agreement (each, a “Dispute”), the Parties shall promptly seek to resolve any such Dispute by negotiations between senior executives of the Parties who have the authority to settle the Dispute. When a Party believes there is a Dispute, that Party shall give the other Party written notice of the Dispute. Within fifteen (15) days after receipt of such notice, the other Party shall submit to the other a written response. Both the notice and response shall include (i) a statement of each Party’s position and a summary of the evidence and arguments supporting such position; and (ii) the name, title, fax number and telephone number of the executive or executives who shall represent the Party. In the event that the Dispute involves an Action arising out of the actions of any Person not a signatory to this Agreement, the receiving Party shall have such additional time as necessary, not to exceed an additional fifteen (15) days, to investigate the Dispute before submitting a written response. The executives shall meet at a mutually agreeable time and place within seven (7) days after the date of the response and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the Dispute. If one of the executives intends to be accompanied at a meeting by an attorney, the other executive shall be given a least five (5) Business Days’ notice of such intention and may also be accompanied by an attorney.
Referral to Senior Executives. In the event that any Committee cannot reach a unanimous Party Vote using good faith efforts on any matter within its respective scope of authority, the Parties shall first attempt in good faith to resolve such dispute by negotiation and consultation between themselves with support from the Alliance Managers. In the event that such dispute is not resolved on an informal basis within [***], either Party may, by written notice to the other Party, refer the dispute to (a) [***] and (b) [***] or such successor role as may be applicable (collectively, “Senior Executives”), who shall negotiate and seek to resolve such dispute in good faith within [***] after such notice is received.
Referral to Senior Executives. The Parties recognize that a dispute arising out of or in connection with this Agreement (“Dispute”) may from time to time arise during the Term. Any such Dispute which cannot be resolved by good faith negotiations shall be referred, by written notice from either Party to the other, to the Senior Executives (or their respective designees) for resolution. Except with respect to matters subject to a Party’s final decision-making authority under Section 3.4(b)(iv)(A) and Section 3.4(b)(iv)(B), the Senior Executives (or their respective designees) shall negotiate in good faith to resolve such Dispute through discussions promptly following such written notice. If the Senior Executives cannot resolve the Dispute within [***] of such written notice, or either Party concludes that the matter will not be so resolved, then the provisions of Section 17.2 shall apply; provided that any Disputes regarding a Party’s proper use of its casting vote under Section 3.4(b)(iv) shall also be subject to Section 17.2. If the Parties should resolve such Dispute pursuant to the procedures in this Section 17.1, a memorandum setting forth their agreement will be prepared and signed by both Parties, if requested by either Party.
Referral to Senior Executives. The Parties recognize that disputes as to certain matters relating to or in connection with this Agreement may from time to time arise during the term of this Agreement (each, including any dispute arising with respect to the interpretation, enforcement, termination or invalidity of this Agreement, a “Dispute”). If any such Dispute cannot be resolved by good faith negotiations, [***].
