Common use of Step Negotiations Clause in Contracts

Step Negotiations. The Parties shall attempt in good faith to resolve all disputes arising out of or relating to this Agreement or any of the transactions contemplated hereby promptly by negotiation, as set forth herein. Either Party may give the other party written notice of any such dispute not resolved in the normal course of business. Executives of both Parties at levels one level above the Project personnel who have previously been involved in the dispute shall meet at a mutually acceptable time and place within ten (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 thirty (30) days from the referral of the dispute to such executives, or if no meeting of such executives has taken place within fifteen (15) days after such referral, either Party may initiate mediation as provided herein. If a Party intends to be accompanied at a meeting by an attorney, the other Party shall be given at least three (3) Business Days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence. Each Party will bear its own costs for this dispute resolution phase.

Appears in 2 contracts

Samples: Solar Development Acquisition and Sale Agreement (Solar Power, Inc.), Escrow Agreement (Solar Power, Inc.)

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Step Negotiations. The Parties shall attempt in good faith to resolve all disputes arising out of or relating to this Agreement or any of the transactions contemplated hereby promptly by negotiation, as set forth herein. Either A Party may give the other party written notice of any such dispute not resolved in the normal course of business. Executives of both the Parties at levels one level above the Project personnel who have previously been involved in the dispute shall meet at a mutually acceptable time and place within ten (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 thirty (30) days from the referral of the dispute to such executives, or if no meeting of such executives has taken place within fifteen (15) days after such referral, either a Party may initiate mediation as provided herein. If a Party intends to be accompanied at a meeting by an attorney, the other Party shall be given at least three (3) Business Days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence. Each Party will bear its own costs for this dispute resolution phase.

Appears in 1 contract

Samples: Solar Development Agreement (Solar Power, Inc.)

Step Negotiations. The Parties shall will attempt in good faith to resolve all disputes arising out of or relating to this Agreement or any of under the transactions contemplated hereby Contract Documents (“Disputes”) promptly by negotiation, negotiation as set forth hereinfollows. Either Any Party may give the other party Party written notice of any such dispute Dispute not resolved in the normal course of business. Executives of both Parties at levels one level above the Project personnel individuals who have previously been principally involved in the dispute shall Dispute will meet at a mutually acceptable time and place within ten (10) days Business 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 disputeDispute. If the matter has not been resolved within thirty (30) days Days from the referral of the dispute Dispute to such executives, senior executives or if no meeting of such senior executives has taken place within fifteen (15) days Days after such referral, either Party may initiate mediation such legal action as provided hereinit deems appropriate. If a Party negotiator intends to be accompanied at a meeting by an attorney, the other Party shall negotiator will be given at least three (3) Business Days’ Days notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause Section 29.1 are confidential and shall protected from subsequent testimonial disclosures, and will be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence. Each Party will bear its own costs for this dispute resolution phase.

Appears in 1 contract

Samples: Agreement

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Step Negotiations. The Parties shall attempt in good faith to resolve all disputes arising out of or relating to this Agreement or any of the transactions contemplated hereby promptly by negotiation, as set forth hereinfollows. Either Party may give the other party written Party notice of any such dispute not resolved in the normal course of business. Executives of both Parties at levels one level above the Project personnel who have previously been involved in the dispute shall meet at a mutually acceptable time and place within ten (10) days 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 thirty (30) days Days from the referral of the dispute to such executives, or if no meeting of such executives has taken place within fifteen (15) days Days after such referral, either Party may initiate mediation as provided hereinhereinafter. If a Party intends to be accompanied at a meeting by an attorney, the other Party shall be given at least three (3) Business Days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence. Each Party will shall bear its own costs for this dispute resolution phase.phase.‌‌

Appears in 1 contract

Samples: Lease Agreement

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