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. 20.2.1 If the Deadlock Matter is not resolved to the reasonable satisfaction of either of the Members within 20 Working Days after receipt of the Deadlock Notice then:
(a) within 5 Working Days, Basingstoke shall nominate (by written notice to TopCo) a senior officer of Basingstoke who has the authority of Basingstoke to resolve the Deadlock Matter on behalf of Basingstoke (the "Basingstoke Senior Officer") and Hampshire shall nominate (by written notice to TopCo) a senior officer of Hampshire who has the authority of Hampshire to resolve the Deadlock Matter on behalf of Hampshire (the "Hampshire Senior Officer"); and
(b) the Basingstoke Representatives (acting collectively) and the Hampshire Representatives (acting collectively) will, immediately thereafter, each prepare and contemporaneously serve on both the Basingstoke Senior Officer and the Hampshire Senior Officer a memorandum setting out their respective positions on the Deadlock Matter and the reasons for adopting such position (a "Memorandum"). Thereafter, Basingstoke and Hampshire shall procure that the Basingstoke Senior Officer and the Hampshire Senior Officer (respectively) each consider both Memoranda and use all reasonable endeavours to resolve the Deadlock Matter.
20.2.2 If the Basingstoke Senior Officer and the Hampshire Senior Officer agree on a resolution or disposition of the Deadlock Matter within 20 Working Days of receipt of the Memoranda, Basingstoke shall procure that the Basingstoke Senior Officer will, and Hampshire shall procure that the Hampshire Senior Officer will, jointly draft and sign a statement setting out the terms of such resolution or disposition and serve the same on TopCo. Following receipt of such statement by TopCo the Representatives shall procure that such resolution or disposition is fully and promptly carried into effect.
20.2.3 If the Basingstoke Senior Officer and the Hampshire Senior Officer do not resolve the Deadlock Matter in dispute within 20 Working Days of receipt of the Memoranda, then the provisions of Clause 20.3 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 Members 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 JSC cannot resolve a matter within its responsibilities by consensus (a "Committee Deadlock"), then either Party may escalate such Committee Deadlock to the Senior Officers for further consideration; provided that such escalation and further consideration shall not prevent a Party from exercising its casting vote on the JSC or implementing any decision of the JSC following such escalation. Either Party shall have the right to select a Third Party who has experience of issues that are relevant to the disputed issue to present their views to the Senior Officer of the other Party who shall in good faith listen and consider such views. If the Senior Officers are unable to resolve a Committee Deadlock, including a Committee Deadlock regarding the approval of a proposed amended budget for a Research and Development Plan or the allocation of the budget to activities under the Research and Development Plans, then [***]. [***] shall also not have final decision making authority with regard to [***]. [***] shall not, when exercising its final decision making authority [***].
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 11.2, 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 Audi shall be Head of Intellectual Property (I/FL-G) and the designated senior officer of Xxxxxxx shall be its President and CEO, unless otherwise notified from time to time.
Referral to Senior Officers. Should a dispute arise that the Parties cannot resolve satisfactorily within ten (10) days after being informed thereof in accordance with Section 1 hereof, a Party may deliver to the other Party written notice of the dispute with supporting documentation as to the circumstances leading to the dispute (“Notice of Dispute”). The Notice of Dispute shall include a schedule of the availability of the notifying Party’s senior officers duly authorized to settle the dispute (“Senior Officers”) during the thirty (30) day period following the delivery of the Notice of Dispute. Within seven (7) days after delivery of the Notice, the other Party shall provide a schedule of the availability of such other Party’s Senior Officers during the remainder of the thirty (30) day period following the delivery of the Notice of Dispute. Following delivery of the Senior Officers’ schedules of availability, the Senior Officers shall meet and confer as often as they deem reasonably necessary during the remainder of the thirty (30) day period in good faith negotiations to resolve the dispute amicably. The Parties in their sole discretion may also agree to utilize the service of a mediator pursuant to a joint engagement.
Referral to Senior Officers. Except as provided in Section 12.8, if a dispute arises between the Parties in connection with or relating to this Agreement (including the Work Plan), or any document or instrument delivered in connection herewith (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 [***]. For clarity, matters that are subject to the provisions of Section 12.9 shall not be referred to Senior Officers for resolution.
