Second Stage Negotiations Sample Clauses
The 'Second Stage Negotiations' clause defines the process and conditions under which parties will enter into a subsequent round of negotiations after completing an initial phase. Typically, this clause outlines the triggers for commencing the second stage, such as the achievement of certain milestones or the completion of preliminary agreements, and may specify timelines, required participants, or topics to be addressed. Its core function is to provide a structured framework for advancing discussions, ensuring that both parties understand when and how further negotiations will occur, thereby reducing uncertainty and facilitating a smoother progression toward a final agreement.
Second Stage Negotiations. 1. The Parties share the goal of continuing to open access to markets and to maximise benefits for consumers, airlines, labor, and communities on both sides of the Atlantic, including the facilitation of investment so as to better reflect the realities of a global aviation industry, the strengthening of the transatlantic air transportation system, and the establishment of a framework that will encourage other countries to open their own air services markets. The Parties shall begin negotiations not later than 60 days after the date of provisional application of this Agreement, with the goal of developing the next stage expeditiously.
2. To that end, the agenda for the second stage negotiations shall include the following items of priority interest to one or both Parties:
(a) further liberalization of traffic rights;
(b) additional foreign investment opportunities;
(c) effect of environmental measures and infrastructure constraints on the exercise of traffic rights;
(d) further access to Government-financed air transportation; and
(e) provision of aircraft with crew.
3. The Parties shall review their progress towards a second stage agreement no later than 18 months after the date when the negotiations are due to start in accordance with paragraph 1. If no second stage agreement has been reached by the Parties within twelve months of the start of the review, each Party reserves the right thereafter to suspend rights specified in this Agreement. Such suspension shall take effect no sooner than the start of the International Air Transport Association (IATA) traffic season that commences no less than twelve months after the date on which notice of suspension is given.
Second Stage Negotiations. Following the expiration of the 21-day period described in the preceding paragraph, or any extension thereof mutually agreed to in writing, if the Parties are unable to resolve the dispute, they shall engage in second stage negotiations. Second stage negotiations shall be conducted between the respective CEOs or Presidents (or their designees) of the Parties within 14 days following the conclusion of first stage negotiations. If the dispute has not been resolved within the 14 days provided for second stage negotiations, either Party may initiate an ADR proceeding as provided in Schedule F. The Parties shall have the right to be represented by counsel in such a proceeding. Notwithstanding the foregoing, the Parties acknowledge that the breach of Section 3 (Ownership and License Rights in Materials), Section 6 (Confidentiality), and/or Section 2(i) (Security Procedures) by one Party may give rise to irreparable injury to the other Party which is not adequately compensable in damages or at law. Accordingly, the Parties agree that in such event, the non-breaching party may seek equitable relief to enforce or prevent violation of such Party’s respective rights and/or obligations under those Sections. Unless otherwise agreed in writing, the Parties shall continue to provide Services and honor all other commitments under this Agreement during the course of dispute resolution pursuant to the provisions of this Section 7(k) and Schedule F with respect to all matters subject to such dispute, controversy or claim; provided, however, that this obligation shall only exist during the term of this Agreement.
Second Stage Negotiations. Following the expiration of the 21-day period described in the preceding paragraph, or any extension thereof mutually agreed to in writing, if the Parties are unable to resolve the dispute, they shall engage in second stage negotiations between the respective CEOs or Presidents (or their designees) of the Parties. If the dispute has not been resolved within 14 days following the conclusion of first stage negotiations, either Party may initiate an ADR proceeding as provided in Schedule 7.01. The Parties shall have the right to be represented by counsel in such a proceeding.