Common use of Amicable Dispute Resolution Clause in Contracts

Amicable Dispute Resolution. 5.1 The Parties shall cooperate in all matters relating to the provision and receipt of the Services. Such cooperation shall include exchanging information, providing access to personnel, equipment, office space, electronic systems and other property and adjustments and obtaining all consents, licenses, sublicenses or approvals necessary to permit each Party to perform its obligations hereunder. 5.2 In the event of a dispute under this GS Agreement, either Party may give written notice to the other Party requesting that the Steering Committee try to resolve (but without any obligation to resolve) such dispute. Not later than ten days after said written notice, each Party shall submit to the other a written statement setting forth such Party’s description of the dispute, such Party’s position on such dispute, such Party’s recommended resolution and the reasons why such Party feels its recommended resolution is fair and equitable in light of the terms and spirit of this GS Agreement. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statements prepared by a Party pursuant to this Section 6 may be introduced as evidence or used as an admission against interest in any arbitral or judicial resolution of such dispute. 5.3 If the dispute continues unresolved for a period of five days (or such longer period as the Steering Committee may otherwise agree upon) after the simultaneous exchange of such written statements, then the Steering Committee shall promptly commence good-faith negotiations to resolve such dispute but without any obligation to resolve it. The initial negotiating meeting may be conducted by teleconference. 5.4 Not later than seven days after the commencement of negotiations under Section 5.3 above: (a) if the Steering Committee renders an agreed resolution on the matter in dispute, then both Parties shall be bound thereby; and (b) if the Steering Committee does not render an agreed resolution, then the dispute shall be submitted for resolution pursuant to Section 5.5. 5.5 Disputes arising under this GS Agreement and not resolved by the Steering Committee within seven days under clause (a) of Section 5.4 shall be submitted in writing to an appropriate executive officer of each Party. The executive officers shall attempt to resolve any dispute submitted to them for resolution in accordance with this Section 6.5 through consultation and negotiation, within 15 days after such submission (or such longer period as may be mutually agreed by the Parties). Absent a resolution within such 15 days period, any dispute related to, or in connection with, this GS Agreement shall be submitted by any executive officer of either Party for resolution by final and binding arbitration determined in accordance with clause 20.

Amicable Dispute Resolution. 5.1 The 8.1.1 If any dispute arises out of or in connection with this Agreement, representatives of the Parties shall cooperate in all matters relating with authority to settle the dispute will, within 14 days of a written request from one Party to the provision and receipt of other, meet in a good faith effort to resolve the Servicesdispute. Such cooperation shall include exchanging informationIf the dispute is not resolved at that meeting, providing access the Parties will attempt to personnel, equipment, office space, electronic systems and other property and adjustments and obtaining all consents, licenses, sublicenses or approvals necessary to permit each Party to perform its obligations hereundersettle it by mediation in accordance with Clause 8.2. 5.2 In 2.1 Unless otherwise agreed between the event Parties or stated in the Particular 8.2.2 When the mediator has been appointed on his terms and conditions of a dispute under this GS Agreementengagement, either Party may give written notice to can initiate the mediation by giving the other Party a notice in writing requesting that a start to the Steering Committee try to resolve (but without any obligation to resolve) such disputemediation. Not The mediation will start not later than ten 21 days after said written the date of the notice. 8.2.3 The mediation shall be conducted in accordance with the procedures required by the appointed mediator unless stipulated otherwise in the Particular Conditions. If the procedures are stated in the Particular Conditions, each Party then the appointed mediator shall submit be required to follow those procedures but shall at any time be able to propose to the other Parties for their joint approval any alternative procedures. 8.2.4 All negotiations or discussions carried out in the mediation shall be conducted in confidence and are not to be referred to in any concurrent or subsequent proceedings, unless they conclude with a written statement setting forth such Partylegally binding agreement. If the Parties accept the mediator’s description recommendations, or otherwise reach agreement on the resolution of the dispute, such Party’s position agreement shall be recorded in writing and, once signed by the designated representatives, shall be binding on such the Parties. 8.2.5 If no agreement is reached, either Party may invite the mediator to provide to both Parties a nonbinding opinion in writing on the dispute. Such opinion shall not be used in evidence in any concurrent or subsequent proceedings, such Party’s recommended resolution without the prior written consent of both Parties. 8.2.6 The Parties will bear their own costs of preparing and submitting evidence to the reasons why such Party feels its recommended resolution is fair and equitable in light mediator. The costs of the terms mediation and spirit of this GS Agreement. Such statements represent part of a good-faith effort to resolve a dispute and as such, no statements prepared by a Party pursuant to this Section 6 may be introduced as evidence or used as an admission against interest in any arbitral or judicial resolution of such dispute. 5.3 If the dispute continues unresolved for a period of five days (or such longer period as the Steering Committee may otherwise agree upon) after the simultaneous exchange of such written statements, then the Steering Committee shall promptly commence good-faith negotiations to resolve such dispute but without any obligation to resolve it. The initial negotiating meeting may be conducted by teleconference. 5.4 Not later than seven days after the commencement of negotiations under Section 5.3 above: (a) if the Steering Committee renders an agreed resolution on the matter in dispute, then both Parties mediator’s services shall be bound thereby; borne equally between the Parties unless otherwise agreed and (b) if the Steering Committee does not render an agreed resolution, then the dispute shall be submitted for resolution pursuant to Section 5.5. 5.5 Disputes arising under this GS Agreement and not resolved by the Steering Committee within seven days under clause (a) of Section 5.4 shall be submitted in writing to an appropriate executive officer of each Party. The executive officers shall attempt to resolve any dispute submitted to them for resolution recorded in accordance with this Section 6.5 through consultation and negotiation, within 15 days after such submission (or such longer period as Clause 8.2.3. 8.2.7 No Party may be mutually agreed by the Parties). Absent a resolution within such 15 days period, commence an arbitration of any dispute related torelating to this Agreement until it has attempted to settle the dispute with the other Party by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, or in connection withprovided, this GS Agreement shall be submitted by any executive officer of however, that either Party for resolution by final and binding may commence arbitration determined in accordance with clause 20if the dispute has not been settled within 90 days of the giving of the notice under Clause 8.2.2.