Common use of Resolution by the Parties Clause in Contracts

Resolution by the Parties. The Parties shall attempt to resolve any dispute, controversy, claim or difference arising out of, or in connection with, this Agreement amicably and promptly by negotiations between executives who have authority to settle the controversy. Either Party may give the other Party written notice of any dispute not resolved in the normal course of business (“Notice of Dispute”). Within seven (7) days after delivery of such Notice of Dispute, executives of the Party shall agree to meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. If the matter has not been resolved within ten (10) days of the first meeting of such executives (or, if the Parties are unable to mutually agree upon an acceptable time and place to meet, within ten (10) days of the disputing Party’s Notice of Dispute), either Party may, by notice to the other Party (“Dispute Escalation Notice”), refer the matter to the respective officers of the Parties designated below. For Bayer: Executive Vice President, Bayer HealthCare LLC and President, Biological Product Division With a copy to: Bayer HealthCare LLC 000 Xxxxxx Xxxx West Haven, CT 06516-4175 Attention: General Counsel For Supplier: Chief Executive Officer of Talecris Biotherapeutics, Inc. Such officers shall negotiate in good faith to resolve the matter in an amicable manner within ten (10) days of the Dispute Escalation Notice. In the event the matter is not resolved within such ten (10) days, either Party may initiate arbitration of the dispute as provided for in this Section 13.9.

Appears in 3 contracts

Samples: Supply Agreement (Talecris Biotherapeutics Holdings Corp.), Supply Agreement (Talecris Biotherapeutics Holdings Corp.), Supply Agreement (Talecris Biotherapeutics Holdings Corp.)

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Resolution by the Parties. The Parties shall attempt to resolve any dispute, controversy, claim or difference arising out of, or in connection with, this Agreement amicably and promptly by negotiations between executives who have authority to settle the controversy. Either Party may give the other Party written notice of any dispute not resolved in the normal course of business (“Notice of Dispute”). Within seven (7) days after delivery of such Notice of Dispute, executives of the Party shall agree to meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. If the matter has not been resolved within ten (10) days of the first meeting of such executives (or, or if the Parties are unable to mutually agree upon an acceptable time and place to meet, within ten (10) days of the disputing Party’s Notice of Dispute), either Party may, by notice to the other Party (“Dispute Escalation Notice”), refer the matter to the respective officers of the Parties designated below. For BayerXxxxx: Executive Vice PresidentGeneral Director, Bayer HealthCare LLC and President, Biological Product Division Biologicals S.r.l. With a copy to: Vice President, General Counsel and Secretary Bayer HealthCare HealthCare, LLC 000 Xxxxxx Xxxx West Haven, CT 0651600000-4175 Attention0000 Fax: General Counsel (000) 000-0000 For SupplierTalecris GmbH: Chief Executive Officer of Talecris BiotherapeuticsBiotherapeutiecs, Inc. Such GmbH ATRICOM, Lyoner Xxxxxxx 00 Xxxxxxxxx, 00000 Xxxx officers shall negotiate in good faith to resolve the matter in an amicable manner within ten (10) days of the Dispute Escalation Notice. In the event the matter is not resolved within such ten (10) days, either Party party may initiate arbitration of the dispute as provided for in this Section 13.916.10.

Appears in 2 contracts

Samples: European Product Sales Agreement (Talecris Biotherapeutics Holdings Corp.), European Product Sales Agreement (Talecris Biotherapeutics Holdings Corp.)

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Resolution by the Parties. The Parties shall attempt to resolve any dispute, controversy, claim or difference arising out of, of or in connection with, this Agreement amicably and promptly by negotiations between executives who have authority to settle the controversy. Either Party may give the give(the other Party written notice of any dispute not resolved in the normal course of business (“Notice of Dispute”). Within seven (7) days after delivery of such Notice of Dispute, executives of the Party Parties shall agree to meet at a mutually acceptable time and place, and thereafter thereafter, as often as they reasonably deem necessary, to attempt to resolve the dispute. If the matter has not been resolved within ten (10) days of the first meeting of such executives (or, if the Parties are unable to mutually agree upon an acceptable time and place to meet, within ten (10) days of the disputing Party’s Notice of Dispute), either Party may, by notice to the other Party (“Dispute Escalation Notice”), refer the matter to the respective officers of the Parties designated below. For Bayer: Executive Vice President, Bayer HealthCare LLC and President, Biological Product Division With a copy to: Bayer HealthCare LLC 000 Xxxxxx Xxxx West Haven, CT 06516-4175 Attention: General Counsel For SupplierPurchaser: Chief Executive Officer of Officer, Talecris Biotherapeutics, Inc. Such officers shall negotiate in good faith to resolve the matter in an amicable manner within ten (10) days of the Dispute Escalation Notice. In the event the matter is not resolved within such ten (10) days, either Party may initiate arbitration of the dispute as provided for in this Section 13.912.9.

Appears in 2 contracts

Samples: Manufacturing Agreement (Talecris Biotherapeutics Holdings Corp.), Manufacturing Agreement (Talecris Biotherapeutics Holdings Corp.)

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