Common use of Resolution by Executives Clause in Contracts

Resolution by Executives. Except as otherwise set forth in Article 4, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or obligations hereunder arises, either Party may refer such dispute to the respective chief of business unit including distribution of the Product under this Agreement (“Executive”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of such officers within such thirty (30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 13.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. Except as otherwise set forth in Article 4, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or obligations hereunder arises, either Party may refer such dispute to the respective chief of business unit including distribution of the Product under this Agreement (“Executive”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of such officers within such thirty (30)-day 30) day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 13.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. Except as otherwise set forth in Article 4, if If an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or and/or obligations hereunder arisesarises (other than any dispute to be resolved as provided in Section 6.2), either Party may refer such dispute to the respective chief Chief Executive Officer of business unit including distribution Optimer and the Chief Executive Officer of the Product under this Agreement (“Executive”)Partner, who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of such officers within such thirty (30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 13.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. Except as otherwise set forth in Article 4, if If an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or and/or obligations hereunder arisesarises (other than any dispute to be resolved as provided in Section 6.2), either Party may refer such dispute to the respective chief Chief Executive Officer of business unit including distribution Optimer and the President and Chief Executive Officer or its designee of the Product under this Agreement (“Executive”)Partner, who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of such officers within such thirty (30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 13.3. The Parties acknowledge that these discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. Except as otherwise set forth provided in Article 43, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or and/or obligations hereunder arises, either Party may refer such dispute to the respective chief of business unit including distribution of the Product under this Agreement (“Executive”)Executives, who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of such officers within such thirty (30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 13.3. The Parties acknowledge that these discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.