Escalation Procedure. Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is:
Escalation Procedure. 5.1 In the event that the Authority and the Supplier are unable to agree the performance score for any KPI during a Supplier Review Meeting, the disputed score shall be recorded and the matter shall be referred to the Authority Representative and the Supplier Representative in order to determine the best course of action to resolve the matter (which may involve organising an ad-hoc meeting to discuss the performance issue specifically).
Escalation Procedure. In the event that the Authority and the Supplier are unable to agree the performance score for any KPI during a Supplier Review Meeting, the disputed score shall be recorded and the matter shall be referred to the Authority’s Representative and the Supplier’s Representative in order to determine the best course of action to resolve the matter (which may involve organising an ad-hoc meeting to discuss the performance issue specifically). In cases where the Authority’s Representative and the Supplier’s Representative fail to reach a solution, the matter shall be dealt with in accordance with the procedure set out in Clause FW-25. (Dispute Resolution).
Escalation Procedure. 8.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (a “Dispute”) then except as expressly provided in this Agreement, the parties shall follow the procedure set out in this clause:
Escalation Procedure. In the event that the Authority and the Supplier are unable to agree the performance score for any KPI during an Operational Review Meeting, the disputed score shall be recorded and the matter shall be referred to the Management Review Meeting for resolution. In cases where the Management Review Meeting fails to reach a solution, the matter shall be dealt with in accordance with the procedure set out in Clause 43 (Dispute Resolution).
Escalation Procedure. Any claim or controversy related to or arising out of this Agreement, whether in contract or in tort, other than matters pertaining to proprietary information, proprietary rights, or payment disputes ("Dispute"), will be resolved according to the following process, which either Party may start by delivering a written notice to the other Party describing the Dispute and the amount involved ("Demand"). If the Dispute remains unresolved after three (3) business days after receipt of a Demand, each Party shall identify a designated representative and a senior manager in writing to the other Party, and the designated representatives from each Party will meet at a mutually agreed upon time and place and use commercially reasonable efforts to try to resolve the Dispute. The Parties shall conduct such negotiation on a confidential basis. If the Dispute remains unresolved for three (3) business days after such meeting, either Party may escalate the Dispute by sending notice to the other Party's senior manager. If the senior managers from both Parties cannot resolve the Dispute within three (3) business days after receipt of such written notice, either Party may pursue any other available remedies. The Parties shall use commercially reasonable efforts to attempt to settle any claim or controversy between themselves (acting in good faith) within one (1) calendar month of notice of the claim or controversy being given. The Parties shall conduct such negotiation on a confidential basis.
Escalation Procedure. Tentative Rates for those species and products listed in AT.4.1 are subject to quar- terly escalation in accordance with the following procedures: The calendar quarter index average for each price index described in AT.5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in AT.4.1 shall be the basis for quarterly escalation. To arrive at Current Contract Rates for Payment Units Released for Cutting during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, ex- cept when the calendar quarter index average is:
Escalation Procedure. The Parties shall attempt to resolve any dispute, controversy or claim arising out of, in connection with, or relating to this Agreement, whether sounding in contract or tort and whether arising during or after termination of this Agreement (each, a “Dispute”) in accordance with the following procedures: Upon the written request of either Party, a senior executive officer of IRT or a designee of such person and a senior executive officer of RAIT or that person’s designee shall meet and attempt to resolve any Dispute between them. If such Dispute is not resolved by discussions between such officers within ten (10) days after a Party’s written request was made, then either Party may commence a proceeding relating to such Dispute in accordance with Section 11.8. No Party may commence a proceeding with respect to a Dispute unless and until the foregoing procedure has been concluded with respect to the underlying Dispute.
Escalation Procedure. In the event of serious deviations from the quality requirements, the Buyer reserves the right to initiate escalation proceedings with the Supplier. Possible triggers for the initiation of an escalation procedure are - repeated faulty delivery despite completed problem solution (8D) - repeated production disturbances at the Buyer's premises due to defective deliveries - repeated/critical complaints by customers of the Buyer, caused by errors at the Supplier - insufficient complaint management of the Supplier - imminent production standstill at the Buyer's or the Buyer's customers' premises caused by faults at the Supplier critical measure from a supplier audit not implemented - deficient order processing by the Supplier - loss of OEM approval or the Supplier's QMS certificate (ISO 9001 or EN/AS 9100 or ISO/TS 22163) A structured escalation procedure with the Supplier is intended to ensure a smooth production and project flow and to solve or sustainably eliminate any problems that may arise as quickly as possible. The Buyer has implemented a three-level escalation procedure. Escalation Level 1: In the first escalation level (problem solution by Supplier not successful), the Supplier is invited to a meeting at the Buyer's premises where the problem is discussed, and remedial measures are de- fined and scheduled. Escalation Level 2: Xxxxx 0 of escalation (external help necessary to solve the problem at the Supplier) follows escalation level 1 if the result is unsatisfactory. In escalation level 2, a root cause analysis is carried out on site at the Supplier or the Buyer. This problem analysis can be carried out by the Buyer as a process audit. The agreed action plan is to be executed by the Supplier within the specified time frame. Escalation Level 3: An unsatisfactory result of escalation level 2 leads to the initiation of level 3 (Supplier is not suitable) or even to a Supplier block. The customer of the Buyer is included in escalation level 3, if Supplier was approved by the customer or if there is a risk for the customer of the Buyer. De-escalation: If the result of the effectiveness test in the respective escalation level is positive, the Supplier is notified of the lifting of the escalation (de-escalation). The de-escalation procedure is carried out in stages.
Escalation Procedure. If either party has any issues, concerns or complaints, that Party shall notify the other Party and the Parties shall, acting in good faith, seek to resolve the issue by negotiations between themselves. If the issue cannot be resolved within 7 days, the matter shall be escalated to both SPoCs who shall advise on the appropriate course of action to take.
