Common use of Step Negotiations Clause in Contracts

Step Negotiations. The parties shall attempt in good faith to resolve all disputes under this Agreement (“Disputes”) promptly by negotiation as follows. Any party may give the other party written notice of any Dispute not resolved in the normal course of business. Executives of both parties at levels one level above the personnel who have previously been principally involved in the Dispute shall meet at a mutually acceptable time and place within 10 days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. If the matter has not been resolved within 30 days from the referral of the Dispute to senior executives or if no meeting of senior executives has taken place within fifteen 15 days after such referral, either party may initiate such legal action as it deems appropriate. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least 3 business days notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 13.1 are confidential and protected from subsequent testimonial disclosures, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.

Appears in 2 contracts

Samples: Energy Efficiency Program Agreement, Energy Efficiency Program Agreement

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Step Negotiations. The parties shall attempt in good faith to resolve all disputes under this Agreement the Contract Documents (“Disputes”) promptly by negotiation as follows. Any party may give the other party written notice of any Dispute not resolved in the normal course of business. Executives of both parties at levels one level above the personnel individuals who have previously been principally involved in the Dispute shall meet at a mutually acceptable time and place within 10 days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. If the matter has not been resolved within 30 days from the referral of the Dispute to senior executives or if no meeting of senior executives has taken place within fifteen 15 days after such referral, either party may initiate such legal action as it deems appropriate. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least 3 business days Days notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 13.1 27.1 are confidential and protected from subsequent testimonial disclosures, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.

Appears in 1 contract

Samples: Consulting and Professional Services Agreement

Step Negotiations. The parties Parties shall attempt in good faith to promptly resolve all disputes under this Agreement (“Disputes”) promptly any Disputes by negotiation negotiation, as follows. : Any party Party may give the other party Party written notice of any Dispute not resolved in the normal course of businessbusiness (the “Notice of Dispute”). The Notice of Dispute shall set forth in reasonable detail the nature of the dispute and attach supporting documentation if reasonably available. Executives of both parties Parties at levels at least one level of authority above the personnel who have previously been principally involved in the Dispute (the “Executives”) shall meet at a mutually acceptable time and place within 10 business days after delivery of such noticethe Notice of Dispute, and thereafter as often as they reasonably deem necessary, and may exchange any information they choose to exchange relevant information and to disclose in an attempt to resolve the DisputeDispute (the “Executive Meeting”). If the matter has not been resolved within 30 days from the referral of the Dispute to senior executives or if no meeting of senior executives has taken place within fifteen 15 days after such referral, either party may initiate such legal action as it deems appropriate. If a negotiator an Executive intends to be accompanied at a meeting by an attorneyattorney at the Executive Meeting, the other negotiator Executive shall be given notice at least 3 business days notice before the meeting of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 13.1 are confidential and protected from subsequent testimonial disclosures, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.

Appears in 1 contract

Samples: Master Agreement for Supply of Furnace Products (Advanced Emissions Solutions, Inc.)

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Step Negotiations. The parties shall attempt in good faith to resolve all disputes under this Agreement the Contract Documents (“Disputes”) promptly by negotiation as follows. Any party may give the other party written notice of any Dispute not resolved in the normal course of business. Executives of both parties at levels one level above the personnel individuals who have previously been principally involved in the Dispute shall meet at a mutually acceptable time and place within 10 days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. If the matter has not been resolved within 30 days from the referral of the Dispute to senior executives or if no meeting of senior executives has taken place within fifteen 15 days after such referral, either party may initiate such legal action as it deems appropriate. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least 3 business days Days notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 13.1 29.1 are confidential and protected from subsequent testimonial disclosures, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.

Appears in 1 contract

Samples: Services Agreement

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