Common use of Settlement By Mutual Agreement Clause in Contracts

Settlement By Mutual Agreement. In the event (i) a dispute or controversy arises between the Members relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (ii) the Management Committee does not, within a reasonable time, achieve a Simple Majority decision regarding any matter requiring a Simple Majority decision presented to it for consideration (either (i) or (ii) being a "Dispute or Controversy"), the Dispute or Controversy shall first be presented to the Management Committee for resolution at a special meeting of the Management Committee called for such purpose. Should a mutual resolution and settlement not be obtained at the special meeting of the Management Committee for such purpose or should no such meeting take place within fifteen (15) days following notice from either Member to the Chairman requesting a special meeting of the Management Committee for the purpose of resolving such Dispute or Controversy, then either Member may by notice to the other Member refer the Dispute or Controversy to senior management of the Members for resolution. Within fifteen (15) days after delivery of any such notice by one Member to the other referring such Dispute or Controversy to senior management of the Members for resolution, representatives of senior management of each of the Members shall meet at a mutually agreed upon time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. Should mutual resolution and settlement not be obtained at the meeting of representatives of senior management of each of the Members for such purposes or should no such meeting take place within such fifteen (15) day period (unless extended by mutual agreement), then either Member may by notice to the other Member submit the Dispute or Controversy to binding arbitration in accordance with the provisions of Section 20.2

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties hereto arises under this Lease or any right, duty or obligation arising herefrom or the relationship of the Parties hereunder (i) a dispute “Dispute or controversy arises between the Members Controversy”), including, but not limited to, a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (ii) the Management Committee does not, within a reasonable time, achieve a Simple Majority decision regarding any matter requiring a Simple Majority decision presented to it for consideration (either (i) or (ii) being a "Dispute or Controversy")Lease, the Parties shall first attempt in good faith to settle and resolve such Dispute or Controversy shall first be presented to by mutual agreement in accordance with the Management Committee for resolution at terms of this Section 9.5. In the event a special meeting of the Management Committee called for such purpose. Should a mutual resolution and settlement not be obtained at the special meeting of the Management Committee for such purpose or should no such meeting take place within fifteen (15) days following notice from either Member to the Chairman requesting a special meeting of the Management Committee for the purpose of resolving such Dispute or Controversy, then either Member may by notice to the other Member refer the Dispute or Controversy arises, any party hereto shall have the right to senior management of notify the Members for resolutionother party hereto that the notifying party has elected to implement the procedures set forth in this Section 9.5. Within fifteen (15) days after delivery of any such notice by one Member party to the other referring such party regarding a Dispute or Controversy to senior management of the Members for resolutionControversy, representatives of senior management a representative of each of the Members Parties shall meet at a mutually agreed upon time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. Should a mutual resolution and settlement not be obtained at the meeting of representatives of senior management of each of the Members for such purposes or should no such meeting take place within such fifteen (15) day days after the meeting of the Parties’ representatives for such purpose, or such longer period (unless extended by mutual agreement)as the Parties may mutually agree upon, then either Member party may by notice to the other Member party submit the Dispute or Controversy to binding arbitration in accordance with the provisions of Section 20.29.5(b) and Exhibit B hereto. Upon the receipt of notice of referral to arbitration hereunder, the receiving party shall be compelled to arbitrate the Dispute or Controversy in accordance with the terms of this Section 9.5 and Exhibit B hereto without regard to the justiciable character or executory nature of such Dispute or Controversy.

Settlement By Mutual Agreement. In the event any dispute, controversy or claim between or among the Parties arises under this Agreement or any right, duty or obligation arising therefrom or the relationship of the Parties thereunder (i) a dispute “Dispute or controversy arises between the Members Controversy”), including a Dispute or Controversy relating to the (a) effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement or (iib) the Management Committee does not, within a reasonable time, achieve a Simple Majority decision regarding granting or denial of any matter requiring a Simple Majority decision presented to it for consideration (either (i) or (ii) being a "Dispute or Controversy")Approval under this Agreement, the Parties shall first attempt in good faith to settle and resolve such Dispute or Controversy shall first be presented to by mutual agreement in accordance with the Management Committee for resolution at terms of this Section 19.1. In the event a special meeting of the Management Committee called for such purpose. Should a mutual resolution and settlement not be obtained at the special meeting of the Management Committee for such purpose or should no such meeting take place within fifteen (15) days following notice from either Member to the Chairman requesting a special meeting of the Management Committee for the purpose of resolving such Dispute or Controversy, then either Member may by notice to the other Member refer the Dispute or Controversy arises, either Party shall have the right to senior management of notify the Members for resolutionother that it has elected to implement the procedures set forth in this Section 19.1. Within fifteen (15) days after delivery of any such notice by one Member Party to the other referring such regarding a Dispute or Controversy to senior management of Controversy, the Members for resolution, representatives of senior management of each of the Members Authority Representative and StadCo Representative shall meet at a mutually agreed upon time and place to attempt, with diligence and good faith, to resolve and settle such Dispute or Controversy. Should If a mutual resolution and settlement are not be obtained at the meeting of representatives the Authority Representative and the StadCo Representative, they shall cooperate in a commercially reasonable manner to determine if mediation or other forms of senior management of each alternative dispute resolution might be useful. If a technique is agreed upon, a specific timetable and completion date for implementation shall also be agreed upon. If such technique, timetable or completion date is not agreed upon within thirty (30) days after the notice of the Members for Dispute or Controversy was delivered, or if no resolution is obtained through such purposes alternative technique, or should if no such meeting take takes place within such the fifteen (15) day period (unless extended by mutual agreement)period, then either Member Party may by notice to the other Member submit the Dispute or Controversy to binding arbitration file suit in accordance with the provisions a court of Section 20.2competent jurisdiction in Davidson County, Tennessee.‌