Common use of Senior Officers Clause in Contracts

Senior Officers. (a) Each of Seller and Purchaser shall designate in writing to the other Party a representative who shall be authorized to resolve any dispute arising under this Agreement in an equitable manner and, unless otherwise expressly provided herein, to exercise the authority of such Party to make decisions by mutual agreement. (b) If such designated representatives are unable to resolve a dispute under this Agreement, such dispute shall be referred by each Party’s representatives, respectively, to a senior officer designated by Seller and a senior officer designated by Purchaser for resolution upon five (5) Days’ written notice from either Party. (c) The Parties hereto agree (i) that such senior officers shall for a further period of five (5) Days attempt to resolve all disputes arising hereunder equitably and in a good faith manner; and (ii) to provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such dispute.

Appears in 4 contracts

Samples: Synthetic Natural Gas Purchase and Sale Agreement (USA Synthetic Fuel Corp), Synthetic Natural Gas Purchase and Sale Agreement (USA Synthetic Fuel Corp), Synthetic Natural Gas Purchase and Sale Agreement (Global Energy, Inc.)

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Senior Officers. (a) Each of Seller and Purchaser shall designate in writing to the other Party a representative who shall be authorized to resolve any dispute arising under this Agreement in an equitable manner and, unless otherwise expressly provided herein, to exercise the authority of such Party to make decisions by mutual agreement. (b) If such designated representatives are unable to resolve a dispute under this Agreement, such dispute shall be referred by each Party’s representatives, respectively, to a senior officer designated by Seller and a senior officer designated by Purchaser for resolution upon five (5) Days’ written notice from either Party. (c) The Parties hereto agree (i) that such senior officers shall for a further period of five (5) Days to attempt to resolve all disputes arising hereunder promptly, equitably and in a good faith manner; and (ii) to provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such dispute.

Appears in 3 contracts

Samples: Ultra Clean Synthetic Crude Purchase and Sale Agreement (USA Synthetic Fuel Corp), Purchase & Sale Agreement (USA Synthetic Fuel Corp), Purchase & Sale Agreement (USA Synthetic Fuel Corp)

Senior Officers. (a) Each of Seller and Purchaser shall designate in writing to the other Party a representative who shall be authorized to resolve any dispute arising under this Agreement in an equitable manner and, unless otherwise expressly provided herein, to exercise the authority of such Party to make decisions by mutual agreement. (b) If such designated representatives are unable to resolve a dispute under this Agreement, such dispute shall be referred by each Party’s representatives, respectively, to a senior officer designated by Seller and a senior officer designated by Purchaser for resolution upon five (5) Days’ written notice from either Party. (c) The Parties hereto agree (i) that such senior officers shall for a further period of five (5) Days to attempt to resolve all disputes arising hereunder promptly, equitably and in a good faith manner; and (ii) to provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such dispute.

Appears in 1 contract

Samples: Power Purchase Agreement (Dynegy Inc /Il/)

Senior Officers. (a) Each of Seller and Purchaser shall designate in writing to the other Party a representative who shall be authorized to resolve any dispute arising under this Agreement in an equitable manner and, unless otherwise expressly provided herein, to exercise the authority of such Party to make decisions by mutual agreement. (b) If such designated representatives are unable to resolve a dispute under this Agreement, such dispute shall be referred by each Party’s representatives, respectively, to a senior officer designated by Seller and a senior officer designated by Purchaser for resolution upon five (5) Days’ written notice from either Party. (c) The Parties hereto agree (i) that such senior officers shall for a further period of five (5) Days to attempt to resolve all disputes arising hereunder promptly, equitably and in a good faith manner; and (ii) to provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such dispute.

Appears in 1 contract

Samples: Synthetic Natural Gas Purchase and Sale Agreement (Global Energy, Inc.)

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Senior Officers. (a) Each of Seller and Purchaser shall designate in writing to the other Party a representative who shall be authorized to resolve any dispute arising under this Agreement in an equitable manner and, unless otherwise expressly provided herein, to exercise the authority of such Party to make decisions by mutual agreement. (b) If such designated representatives are unable to resolve a dispute under this Agreement, such dispute shall be referred by each Party’s 's representatives, respectively, to a senior officer designated by Seller and a senior officer designated by Purchaser for resolution upon five (5) Days' written notice from either Party. (c) The Parties hereto agree (i) that such senior officers shall for a further period of five (5) Days to attempt to resolve all disputes arising hereunder promptly, equitably and in a good faith manner; and (ii) to provide each other with reasonable access during normal business hours to any and all non-privileged records, information and data pertaining to any such dispute.

Appears in 1 contract

Samples: Power Purchase Agreement (LSP Batesville Funding Corp)

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