Common use of Refusal to Comply Clause in Contracts

Refusal to Comply. In the event that Dental Group or Manager refuses ----------------- or fails to comply with a decision of the Joint Operations Committee, the aggrieved party shall have the option to require the non-complying party to participate in good faith mediation under the auspices of the American Mediation Association, and if the parties participate in such dispute between Dental Group and Manager continues for sixty (60) days after the date the aggrieved party exercises its option regarding mediation, and the mediator finds in favor of the aggrieved party, the non-complying party shall have thirty (30) days in which to comply with the decision of the Joint Operations Committee. If the non-complying party has not complied by the end of such thirty (30) day period, the aggrieved party shall have the option to terminate this Agreement upon fifteen (15) days' prior written notice. During such mediation, Manager and Dental Group shall continue to operate and manage the Practice in good faith.

Refusal to Comply. In the event that Dental Group or Manager refuses ----------------- or fails to comply with a decision of the Joint Operations Committee, the aggrieved party shall have the option to require the non-complying party to participate in good faith mediation under the auspices of the American Mediation Association, and if the parties participate in such dispute between Dental Group and Manager continues for sixty (60) days after the date the aggrieved party exercises its option regarding mediation, and the mediator finds in favor of the aggrieved party, the non-complying party shall have thirty (30) days in which to comply with the decision of the Joint Operations Committee. If the non-non- complying party has not complied by the end of such thirty (30) day period, the aggrieved party shall have the option to terminate this Agreement upon fifteen (15) days' prior written notice. During such mediation, Manager and Dental Group shall continue to operate and manage the Practice in good faith.