Unresolved Matters. 5.8.1 If at a duly convened meeting of the Board or at a duly convened meeting of the ‘X’ Shareholders and ‘Y’ Shareholders, the Directors or the ‘X’ Shareholders and ‘Y’ Shareholders (as the case may be) are unable to pass a valid and binding resolution in respect of a matter relating to the business of the Company required to be resolved by the Board or the ‘X’ Shareholders and ‘Y’ Shareholders (as the case may be) (an “Unresolved Matter”), another meeting of the Board or the ‘X’ Shareholders and ‘Y’ Shareholders shall be convened within seven days from the first meeting to discuss the Unresolved Matter, at which meeting the Directors or the ‘X’ Shareholders and ‘Y’ Shareholders (as the case may be) shall respectively use all reasonable endeavours in good faith to agree on a resolution of such Unresolved Matter.
5.8.2 If a quorum is not achieved at the reconvened meeting or if the Directors or the ‘X’ Shareholders and ‘Y’ Shareholders (as the case may be) are still unable to pass a valid and binding resolution in respect of the Unresolved Matter at the reconvened meeting or if the Unresolved Matter is one which relates to a decision on how the Company’s AsiaSat Voting Rights are to be exercised (a “Voting Matter”), either the ‘X’ Shareholders or the ‘Y’ Shareholders shall refer the Unresolved Matter by written notice to each of the nominated representatives from time to time appointed by each of Able Star and GE Equity as initially appointed under Clause 5.8.5 and thereafter notified to the other party with specific reference to this Clause (“Nominated Representative”) (such notice shall be served at the same address as Able Star and GE Equity in accordance with Clause 25 (Notices)) with a view to arranging a meeting between the two Nominated Representatives as soon as practicable (and in respect of a Voting Matter within 5 business days of the Voting Matter being deemed an Unresolved Matter in accordance with Clause 7.3.2), who shall negotiate in good faith to agree on a resolution of the Unresolved Matter.
5.8.3 If the Board or ‘X’ Shareholders and ‘Y’ Shareholders remain unable to pass a valid and binding resolution on the Unresolved Matter for more than five (5) business days from the date on which the Unresolved Matter was first referred by notice to the Nominated Representatives referred to in Clause 5.8.2 or such other period as the Parties may agree in writing, then the provisions of Clause 19 shall be applicable.
5.8.4 The provisions of this Cla...
Unresolved Matters. The matters not provided hereunder shall be settled by the Parties through consultations in accordance with the laws of the People’s Republic of China.
Unresolved Matters. Where matters cannot be resolved through the consultative process the dispute will be dealt with in accordance with the Dispute Settlement Procedure at Clause 8 of this Agreement.
Unresolved Matters. The Parties agree to negotiate in good faith and enter into on or before the Exchange Date, mutually acceptable agreements or arrangements with respect to certain unresolved matters, including the matters described below (the "Unresolved Matters"), and will amend and restate this Agreement to the extent necessary or desirable to conform with those agreements or arrangements. The unresolved matters include: (i) the lease by KDG of office space from KCG in the KCG headquarters building at Kiewit Plaza, Omaha, Nebrasxx; (xi) the provision by KCG of aircraft flight and maintenance services to KDG; (iii) the provision by KCG of interim stock registrar and transfer agent services to PKS; (iv) the treatment of employees of KDG who are participants prior to the Exchange Date in the 401(k) and profit sharing plans maintained by KCG; (v) the administration of the Kiewit Royalty Trust; (vi) xxx xxnership of Kiewit Investment Management Corp.
Unresolved Matters. This subsection addresses the circumstance where the agreement is signed before the Owners and the Holder have set the applicable Closing Contribution or Stewardship Funding Arrangements. For this situation, it lays out the process for addressing the unresolved matters. (If the spaces for the Closing Contribution and Stewardship Funding Arrangements have been left blank, it also clarifies that this does not mean “zero”: the Holder has not agreed to waive the Closing Contribution or Stewardship Funding Arrangements.)
Unresolved Matters. After the execution of this Agreement, Party A and Party B agree to further discuss by consultation any matters that remain unresolved in this Agreement and to sign a supplemental agreement on the basis that an unanimous view is reached by consultation. This supplemental agreement shall form an integral part of this Agreement.
Unresolved Matters. If the matter remains unresolved, the party expressing concerns may request an issue resolution session, open only to signatories, where issues can be raised in a solution-focused environment. Prior to an issue being accepted by the Committee for discussion in such a session, it must be demonstrated that substantive discussions leading up to the meeting were undertaken but issues were not able to be resolved. Both individual cases and trends or systemic issues may be raised within the context of the obligations set out in section B.3.3.
Unresolved Matters. In the event that the matter raised is not settled and a dispute or difference consequently arises either Party may refer that dispute or difference (**delete as appropriate)
a) to adjudication by the Dispute Management Board, in accordance with Clause 37 and the general adjudication requirements, excepting those requirements governing the nomination of the adjudicator, of Clause 36.**
b) to arbitration by the Dispute Management Board, in accordance with Clause 37 and the general arbitration requirements of Clause 34, excepting those requirements governing the nomination of the arbitrator and the governing arbitral rules.**
Unresolved Matters. The JSC shall review and discuss the matters before it in good faith such that the perspectives of each Party’s representatives on the JSC are given due consideration. In the event that the JSC is, after a period of ten (10) Business Days from the date a matter is submitted in writing to it for resolution pursuant to Section 3.10.1, unable to make a decision due to a lack of consensus between the representatives of Regeneron on such Committee, on the one hand, and of ZLAB, on the other hand (any such matter, an “Unresolved Matter”), then either Party may require that the Unresolved Matter be submitted to the Executive Officers for a joint decision. In such event, either Party may, in a written notice to the other Party, formally request that the Unresolved Matter be resolved by the Executive Officers, specifying the nature of the Unresolved Matter with sufficient specificity to permit adequate consideration by such Executive Officers. The Executive Officers shall diligently and in good faith, attempt to resolve the referred Unresolved Matter within ten (10) Business Days (or, in the case of a Legal Dispute, thirty (30) days) of receiving such written notification. If the Executive Officers are unable to resolve such referred Unresolved Matter within the foregoing period, unless such matter is a Legal Dispute (in which case it shall be resolved in accordance with Section 10.3) or an […***…] (in which case it shall be resolved in accordance with Section 10.4), then:
Unresolved Matters. If any such issue has not been resolved by Executive Officers pursuant to Section 2.6.2(a) in such [***] period (or such longer period as the Executive Officers may agree) despite good faith negotiations, then:
