Direct Discussions Clause Samples

Direct Discussions. The Parties to this Subcontract intend, to the maximum extent feasible, to resolve all disputes at the project level. Disputes not resolved at the project level shall be timely escalated to the Parties’ senior management, senior management will then use good faith efforts to settle the dispute. If after a reasonable time the Parties’ senior management are unable to resolve the dispute, the Parties shall mediate as set forth in Section 31.1.2.

Direct Discussions. If the Parties cannot reach resolution on a matter relating to or arising out of the Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If the Parties' representatives are not able to resolve such matter within five (5) business days of the date of first discussion, the Parties' representatives shall immediately inform senior executives of the Parties in writing that resolution was not affected. Upon receipt of such notice, the senior executives of the Parties shall meet within five (5) business days to endeavor to reach resolution. If the dispute remains unresolved after fifteen (15) Days from the date of first discussion, the Parties shall submit such matter to the dispute mitigation and dispute resolution procedures selected herein.

Direct Discussions. Bridgeway Funds and the Adviser shall attempt, in good faith, to resolve by direct discussions any disputes between them arising out of, relating to or in connection with this Agreement.

Direct Discussions. If during the term of this Contract a dispute arises between Owner and Contractor, or one Party perceives the other as acting unfairly or unreasonably, or a question of interpretation arises hereunder, then the Parties shall cause Owner’s Representative and Contractor’s Representative to promptly confer and exert their good faith efforts to reach a reasonable and equitable resolution of the issue. Either representative may refer the matter to the Parties’ senior officers if such representatives are unable to resolve the issue within a reasonable time (as determined by either representative). Neither Party shall seek resolution by mediation of any dispute arising in connection with this Contract until both Parties’ senior officers, who shall be identified by each Party from time-to-time, have had at least fourteen (14) Days (seven (7) Days if an invoice dispute) to resolve the dispute following referral of the dispute to such senior officers. If the Parties fail to settle such dispute within such period (including a failure to identify their respective senior officers and make necessary referrals within such period), the provisions of Section 12.2 shall apply unless the Parties agree otherwise.

Direct Discussions. If a dispute arises out of or relates to this Agreement or its breach, the Parties shall endeavor to settle the dispute. Within five (5) business days, Parties’ representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions, shall conduct direct discussions and make a good faith effort to resolve such dispute.

Direct Discussions. To initiate dispute resolution under this Section, the complaining party will first submit a written complaint letter to the representative of the party against whom a dispute is lodged, stating therein the nature of the dispute, the requested resolution, and the factual basis supporting the requested resolution. The responding party will, within twenty (20) working days of receiving the complaint letter, provide a written response, stating its agreement or disagreement with the nature of the dispute and the requested resolution. If the responding party disagrees with the complaint or the proposed resolution, the written response must provide at least one alternate resolution and the factual basis supporting such resolution(s). Thereafter, the lead representatives of each party will, for thirty (30) working days, make a good faith attempt to resolve the dispute through one or more direct discussions.

Direct Discussions. In the event the Subcontractor disagrees with the initial decision on Subcontractor’s Claim pursuant to Section 11.1.7 (Disputed Claim) and duly notifies the Contractor of its disagreement in accordance with Section 11.1.8, the Parties shall endeavor to reach resolution of the Disputed Claim(s) through good faith direct discussion between the Parties’ representatives who shall possess the necessary authority to resolve such matter(s) and who shall record the date of its first discussions. Such Direct Discussions may include the participation of the Architect/Engineer and/or Owner at the sole discretion of the Contractor. If the Parties’ representatives are not able to resolve such matter(s) within seven (7) business days from the date of initial discussions, the Parties’ representatives shall immediately inform senior executives of the Parties in writing that resolution was not achieved. Upon receipt of such Notice, the senior executives of the Parties shall meet within seven (7) business days to endeavor to reach resolution. If the matter remains unresolved after fifteen (15) days from the date the senior executives are notified of this unresolved matter, the party advancing the Claim shall duly serve written Notice to the other party of its demand for resolution of the Disputed Claim according to the mediation procedures in Section 11.2.5.

Direct Discussions. In the event of a Claim, Owner and Contractor will promptly cause their respective representatives to meet and confer and exert their good faith efforts to reach a reasonable and equitable resolution as soon as practical. If the representatives are unable to resolve the issue within a reasonable time (as determined by either representative), either representative may refer the matter to the parties’ responsible officers for resolution. Following the referral, the parties’ responsible officers will have at least fourteen (14) days (seven (7) days if a payment dispute) to resolve the Claim. If the parties fail to settle the dispute within the period (including any failure of responsible officers to confer in the period), the provisions of Section 14.3 will apply unless the parties agree otherwise.

Direct Discussions. If the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good-faith direct discussions between the Parties’ representatives.