Common use of Strategic Plan Deadlock Clause in Contracts

Strategic Plan Deadlock. If the Partnership Governance Committee has not agreed upon and approved an updated Strategic Plan, as contemplated by Sections 6.7 and Section 8.1, by such date as is 12 months after the beginning of the first fiscal year that would have been covered by such plan, then the Designating Partners shall submit their disagreements to non-binding mediation by a Neutral. If the Designating Partners are unable to agree upon a mutually acceptable Neutral within 30 days after a nomination of a Neutral is made by one Designating Partner to the other, then such Neutral shall upon the application of either Designating Partner be appointed within 70 days of such nomination by the Center for Public Resources, or if such appointment is not so made promptly then promptly thereafter by the American Arbitration Association in Philadelphia, Pennsylvania, or if such appointment is not so made promptly then promptly thereafter by the senior United States District Court judge sitting in Wilmington, Delaware. The fees of the Neutral shall be paid equally by the Designating Partners. Within 20 days of selection of the Neutral, two persons having decision-making authority on behalf of each Designating Partner shall meet with the Neutral and agree upon procedures and a schedule for attempting to resolve the differences between the Designating Partners. They shall continue to meet thereafter on a regular basis until (i) agreement is reached by the Designating Partners (acting through their Representatives) on an updated Strategic Plan or (ii) at least 24 months have elapsed since the beginning of the first fiscal year that was to be covered by the first updated plan for which agreement was not reached and one Designating Partner shall determine and notify the other Designating Partner and the Neutral in writing (a “Deadlock Notice”) that no agreement resolving the dispute is likely to be reached.

Strategic Plan Deadlock. If the Partnership Governance Committee has not agreed upon and approved an updated Strategic Plan, as contemplated by Sections 6.7 and Section 8.1, by such date as is 12 months after the beginning of the first fiscal year that would have been covered by such plan, then the Designating General Partners shall submit their disagreements to non-binding mediation by a Neutral. If the Designating General Partners are unable to agree upon a mutually acceptable Neutral within 30 days after a nomination of a Neutral is made by one Designating General Partner to the other, then such Neutral shall upon the application of either Designating General Partner be appointed within 70 days of such nomination by the Center for Public Resources, or if such appointment is not so made promptly then promptly thereafter by the American Arbitration Association in Philadelphia, Pennsylvania, or if such appointment is not so made promptly then promptly thereafter by the senior United States District Court judge sitting in Wilmington, Delaware. The fees of the Neutral shall be paid equally by the Designating General Partners. Within 20 days of selection of the Neutral, two persons having decision-making authority on behalf of each Designating General Partner shall meet with the Neutral and agree upon procedures and a schedule for attempting to resolve the differences between the Designating General Partners. They shall continue to meet thereafter on a regular basis until (i) agreement is reached by the Designating General Partners (acting through their Representatives) on an updated Strategic Plan or (ii) at least 24 months have elapsed since the beginning of the first fiscal year that was to be covered by the first updated plan for which agreement was not reached and one Designating General Partner shall determine and notify the other Designating General Partner and the Neutral in writing (a “"Deadlock Notice”") that no agreement resolving the dispute is likely to be reached.

Strategic Plan Deadlock. If the Partnership Governance Committee ----------------------- has not agreed upon and approved an updated Strategic Plan, as contemplated by Sections 6.7 and Section 8.1, by such date as is 12 months after the beginning of the -------------------- first fiscal year that would have been covered by such plan, then the Designating General Partners shall submit their disagreements to non-binding mediation by a Neutral. If the Designating General Partners are unable to agree upon a mutually acceptable Neutral within 30 days after a nomination of a Neutral is made by one Designating General Partner to the otherother General Partners, then such Neutral shall upon the application of either Designating any General Partner be appointed within 70 days of such nomination by the Center for Public Resources, or if such appointment is not so made promptly then promptly thereafter by the American Arbitration Association in Philadelphia, Pennsylvania, or if such appointment is not so made promptly then promptly thereafter by the senior United States District Court judge sitting in Wilmington, Delaware. The fees of the Neutral shall be paid equally by the Designating General Partners. Within 20 days of selection of the Neutral, two persons having decision-making authority on behalf of each Designating General Partner shall meet with the Neutral and agree upon procedures and a schedule for attempting to resolve the differences between the Designating General Partners. They shall continue to meet thereafter on a regular basis until (i) agreement is reached by the Designating General Partners (acting through their Representatives) on an updated Strategic Plan or (ii) at least 24 months have elapsed since the beginning of the first fiscal year that was to be covered by the first updated plan for which agreement was not reached and one Designating General Partner shall determine and notify the other Designating Partner General Partners and the Neutral in writing (a “"Deadlock Notice”") that no agreement resolving the dispute is likely to be reached.

Strategic Plan Deadlock. If the Partnership Governance Committee has not agreed upon and approved an updated Strategic Plan, as contemplated by Sections 6.7 and Section 8.1, by such date as is 12 months after the beginning of the first fiscal year that would have been covered by such plan, then the Designating General Partners shall submit their disagreements to non-binding mediation by a Neutral. If the Designating General Partners are unable to agree upon a mutually acceptable Neutral within 30 days after a nomination of a Neutral is made by one Designating General Partner to the otherother General Partners, then such Neutral shall upon the application of either Designating any General Partner be appointed within 70 days of such nomination by the Center for Public Resources, or if such appointment is not so made promptly then promptly thereafter by the American Arbitration Association in Philadelphia, Pennsylvania, or if such appointment is not so made promptly then promptly thereafter by the senior United States District Court judge sitting in Wilmington, Delaware. The fees of the Neutral shall be paid equally by the Designating General Partners. Within 20 days of selection of the Neutral, two persons having decision-making authority on behalf of each Designating General Partner shall meet with the Neutral and agree upon procedures and a schedule for attempting to resolve the differences between the Designating General Partners. They shall continue to meet thereafter on a regular basis until (i) agreement is reached by the Designating General Partners (acting through their Representatives) on an updated Strategic Plan or (ii) at least 24 months have elapsed since the beginning of the first fiscal year that was to be covered by the first updated plan for which agreement was not reached and one Designating General Partner shall determine and notify the other Designating Partner General Partners and the Neutral in writing (a “"Deadlock Notice”") that no agreement resolving the dispute is likely to be reached.

Strategic Plan Deadlock. If the Partnership Governance Committee has ----------------------- not agreed upon and approved an updated Strategic Plan, as contemplated by Sections 6.7 and Section 8.1, by such date as is 12 months after the beginning of the -------------------- first fiscal year that would have been covered by such plan, then the Designating General Partners shall submit their disagreements to non-binding mediation by a Neutral. If the Designating General Partners are unable to agree upon a mutually acceptable Neutral within 30 days after a nomination of a Neutral is made by one Designating General Partner to the otherother General Partners, then such Neutral shall upon the application of either Designating any General Partner be appointed within 70 days of such nomination by the Center for Public Resources, or if such appointment is not so made promptly then promptly thereafter by the American Arbitration Association in Philadelphia, Pennsylvania, or if such appointment is not so made promptly then promptly thereafter by the senior United States District Court judge sitting in Wilmington, Delaware. The fees of the Neutral shall be paid equally by the Designating General Partners. Within 20 days of selection of the Neutral, two persons having decision-making authority on behalf of each Designating General Partner shall meet with the Neutral and agree upon procedures and a schedule for attempting to resolve the differences between the Designating General Partners. They shall continue to meet thereafter on a regular basis until (i) agreement is reached by the Designating General Partners (acting through their Representatives) on an updated Strategic Plan or (ii) at least 24 months have elapsed since the beginning of the first fiscal year that was to be covered by the first updated plan for which agreement was not reached and one Designating General Partner shall determine and notify the other Designating Partner General Partners and the Neutral in writing (a “"Deadlock Notice”") that no agreement resolving the dispute is likely to be reached.