Conciliation Process. At any time during the Term, upon the occurrence of one or more disputes under this Amended Agreement and/or under any other agreements described herein, the Party allegedly aggrieved and/or damaged (the “Asserting Party”) shall promptly deliver written notification to the allegedly offending and/or non-complying Party (the “Defending Party”) and the Coordinating Committee, setting out in reasonable detail and in clear and concise language and on a good faith basis, the specifics of the matter in dispute. If the Defending Party has not cured the matter prior to the later of (i). five (5) business days after delivery of such written notification or (ii) the expiration of the time period, if any, specified for such cure in this Amended Agreement or the applicable agreement (the “Applicable Cure Period”), then the Coordinating Committee shall convene a meeting within ten (10) business days thereafter for the purpose of, among other things: (a) Assessing the good faith basis for the assertions; *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. (b) Defining, assessing and prioritizing the alternatives reasonably available to cure or to correct the circumstances and, to make its reoccurrence unlikely; and (c) Adopting by unanimous votes, one or more curative or corrective courses of action.
Appears in 1 contract
Sources: Shareholders’ Agreement (Omnivision Technologies Inc)
Conciliation Process. At any time during the Term, upon the -------------------- occurrence of one or more disputes under this Amended Agreement and/or under any other agreements described herein, the Party allegedly aggrieved and/or damaged (the “"Asserting Party”") shall promptly deliver written notification to the allegedly offending and/or non-complying Party (the “"Defending Party”") and the Coordinating Committee, setting out in reasonable detail and in clear and concise language and on a good faith basis, the specifics of the matter in dispute. If the Defending Party has not cured the matter prior to the later of (i). five (5) business days after delivery of such written notification or (ii) the expiration of the time period, if any, specified for such cure in this Amended Agreement or the applicable agreement (the “"Applicable Cure Period”"), then the Coordinating Committee shall convene a meeting within ten (10) business days thereafter for the purpose of, among other things:
(a) Assessing the good faith basis for the assertions; *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.;
(b) Defining, assessing and prioritizing the alternatives reasonably available to cure or to correct the circumstances and, to make its reoccurrence unlikely; and
(c) Adopting by unanimous votes, one or more curative or corrective courses of action.
Appears in 1 contract
Sources: Shareholders' Agreement (Omnivision Technologies Inc)