Referral to Senior Officers. If a notice is given under ss.7.1, a senior officer designated by each party will undertake discussions for the purpose of settling the dispute. A decision reached by these officers and communicated in writing to the parties will be determinative of the dispute and will be binding on each party. Arbitration
Referral to Senior Officers. 26.2.1 Subject to 26.5 if the Minority Protection Matter is not resolved to the reasonable satisfaction of either of the Members within 10 Working Days after receipt of the Minority Protection Notice then:
(a) within 20 Working Days, Capco shall nominate (by written notice to JV LLP) the then current Chief Executive or other senior officer of Capco‟s ultimate holding company who has the authority of Capco to resolve the Minority Protection Matter on behalf of Capco (the “Capco Senior Officer”) and TfL shall nominate (by written notice to JV LLP) the then current Chief Executive or other senior officer of TfL‟s ultimate holding company who has the authority of TfL to resolve the Minority Protection Matter on behalf of TfL (the “TfL Senior Officer”); and
(b) the Capco Representatives (acting collectively) and the TfL Representatives (acting collectively) will, immediately thereafter, each prepare and contemporaneously serve on both the Capco Senior Officer and the TfL Senior Officer a memorandum setting out their respective positions on the Minority Protection Matter and the reasons for adopting such position (a “Memorandum”). Thereafter, the Capco and TfL shall procure that the Capco Senior Officer and the TfL Senior Officer (respectively) each consider both Memoranda and use all reasonable endeavours to resolve the Minority Protection Matter.
26.2.2 If the Capco Senior Officer and the TfL Senior Officer agree on a resolution or disposition of the Minority Protection Matter within 10 Working Days of receipt of the Memoranda (the “Resolution Period”), Capco shall procure that the Capco Senior Officer will, and TfL shall procure that the TfL Senior Officer will, jointly draft and sign a statement setting out the terms of such resolution or disposition and serve the same on JV LLP. Following receipt of such statement by JV LLP, the Representatives shall procure that such resolution or disposition is fully and promptly carried into effect.
26.2.3 If the Capco Senior Officer and the TfL Senior Officer do not resolve the matter in dispute within the Resolution Period then the Minority Protection Matter is referred back to the Members and the provisions of Clause 26.3 shall apply.
Referral to Senior Officers. Except as otherwise provided in this Agreement, if a dispute arises between the Parties in connection with or relating to this Agreement, a Project Schedule or any document or instrument delivered in connection herewith or therewith (each, a “Dispute”), then either Party shall have the right to refer such Dispute to the Senior Officers for attempted resolution by good faith negotiations during a period of thirty (30) days following referral to the Senior Officers (the “Officer Resolution Period”).
Referral to Senior Officers. If a Dispute Notice is given, the senior officers of each of the parties shall initiate discussions with a view to settling the issue or matter. A decision reached by such Senior Officers and communicated by them in writing to the parties will be binding on the parties and will be implemented.
Referral to Senior Officers. Within 10 Working Days following the date of the service of a Capco Conflict Matter Notice, provided that the Shareholders have not agreed in writing on the course of action to be taken in relation to the matter referred to in the Capco Conflict Matter Notice, such matter shall be referred to the Senior Officers of Capco and TfL to seek a resolution.
Referral to Senior Officers. If the JOC cannot resolve a matter within its jurisdiction within thirty (30) days, after it begins discussing any such delegated matter (a “Committee Deadlock”), then the JOC shall escalate such Committee Deadlock to the Senior Officers for resolution. If following consideration by the Senior Officers there is still no consensus, then within thirty (30) days (or such longer period as the Senior Officers may agree upon), ****. Notwithstanding the foregoing, in no event shall ****.
Referral to Senior Officers. In the event of a Dispute, the Parties will refer the Dispute to the Alliance Managers for discussion and resolution. If the Alliance Managers are unable to resolve such a Dispute within [***] of the Dispute being referred to them, either Party may refer the Dispute to the Senior Officers of the Parties, who shall confer in good faith on the resolution of the issue. Any final decision mutually agreed to by the Senior Officers shall be conclusive and binding on the Parties. If the Senior Officers are not able to agree on the resolution of any such Dispute within [***] (or such other period of time as mutually agreed in writing by the Senior Officers) after such Dispute was first referred to them, then either Party shall have the right to refer the Dispute to be settled as set forth in Clause 13.6.2 or Clause 13.6.3 (as applicable).
Referral to Senior Officers. If Notice is given pursuant to Section 19.1, a Party may ask a designated senior officer of each of the Parties forthwith to initiate discussions with one another with a view to settling the Dispute. For this purpose, the designated senior officer of Weichai will be its legal representative and the designated senior officer of Bxxxxxx will be its President and CEO, unless otherwise Notified from time to time. The Parties further agree that at any time after the date of the Notice delivered pursuant to Section 19.1, either Party may refer the dispute for mediation under the auspices and in accordance with the Rules of the Shanghai Commercial Mediation Center.
Referral to Senior Officers. Except as provided in Section 4.4, Section 5.9 or Section 11.9, if a dispute arises between the Parties in connection with or relating to this Agreement, including a dispute as to the interpretation, validity or performance of this Agreement or this Section 11.5.1, or any document or instrument delivered in connection herewith, or any payment dispute, excluding any Unresolved JSC Matter, excluding any dispute regarding Eisai withholding its consent under the third proviso in Section 2.3.1 or the proviso in Section 3.6 (a “Dispute”), then either Party shall have the right to refer such Dispute to the Senior Officers for attempted resolution by good faith negotiations during a period of [***] ([***]) Business Days. Any final decision mutually agreed to by the Senior Officers in writing shall be conclusive and binding on the Parties.
Referral to Senior Officers. If the Parties are unable to settle a dispute themselves after good faith negotiation for at least 30 days from the date the dispute arose, then such dispute shall be referred to two senior officers, one from each of the parent companies of the Parties, one nominated by each Party, to resolve.
