ESCALATION PROCEDURES Clause Samples

ESCALATION PROCEDURES. (a) Each of the parties shall escalate and negotiate, in good faith, any claim or dispute that has not been satisfactorily resolved between the parties at the level where the issue is discovered and has immediate impact (excluding issues of title to work product, which shall be initially addressed at the general counsel level but otherwise pursuant to Section 11.2(b) following). To this end, each party shall escalate any and all unresolved disputes or claims in accordance with this Section 11.2 at any time to persons responsible for the administration of the relationship reflected in this SIMON Software License Agreement. The location, format, frequency, duration and conclusion of these elevated discussions shall be left to the discretion of the representatives involved. If such parties do not resolve the underlying dispute within ten (10) Days of its escalation to them, then either party may notify the other in writing that he/she desires to elevate the dispute or claim to the President of RMSS and the President of Licensee or their designated representative(s) for resolution. (b) Upon receipt by a party of a written notice escalating the dispute to the company president level, the President of RMSS and the President of Licensee or their designated representative(s) shall promptly communicate with his/her counter party, negotiate in good faith and use reasonable efforts to resolve such dispute or claim. The location, format, frequency, duration and conclusion of these elevated discussions shall be left to the discretion of the representatives involved. Upon agreement, such representatives may utilize other alternative dispute resolution procedures to assist in the negotiations. If the parties have not resolved the dispute within ten (10) Days after receipt of the notice elevating the dispute to this level, either may once again escalate the dispute to binding arbitration. (c) All discussions and correspondence among the representatives for purposes of these negotiations shall be treated as Proprietary Information developed for purposes of settlement, exempt from discovery and production, which shall not be admissible in any subsequent proceedings between the parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in such subsequent proceeding.

ESCALATION PROCEDURES. Each Party hereto shall provide the other party hereto with the names and telephone numbers or pagers of their respective managers up to the Vice Presidential level for the escalation of unresolved matters relating to their performance of their duties under this Agreement. Each Party shall supplement and update such information as necessary to facilitate prompt resolution of such matters. Each Party further agrees to establish an automatic internal escalation procedure relating to unresolved disputes arising under this Agreement.

ESCALATION PROCEDURES. If the designated representatives cannot resolve the dispute, then the dispute shall be escalated to a member of the Board of Directors or Trustees of each of the University and of MSS, for their review and resolution. If the dispute cannot be resolved by such persons, then the parties may initiate formal proceedings; however, formal proceedings for the resolution of any such dispute may not be commenced until the earlier of: (a) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter in issue does not appear likely; or (b) Sixty (60) days after the initial request to negotiate such dispute (unless preliminary or temporary relief of an emergency nature is sought by one of the parties); or (c) Thirty (30) days before the statute of limitations governing any cause of action relating to such dispute would expire.

ESCALATION PROCEDURES. Upon the occurrence of a Deadlock Event, the General Partners shall first use their good faith efforts to resolve such matter in a mutually satisfactory manner. If, after such efforts have continued for twenty (20) days, no mutually satisfactory solution has been reached, the General Partners shall resolve the Deadlock Event as provided herein: (i) The General Partners shall (at the insistence of any of them) refer the matter to the chief executive officers of their respective Parents for resolution. (ii) Should the chief executive officers of the Parents fail to resolve the matter within ten (10) days after it is referred to them, each General Partner (or any group of General Partners electing to act together) shall prepare a brief (a "Brief"), which includes a summary of the issue, its proposed resolution of the issue and considerations in support of such proposed resolution, not later than ten (10) days following the failure of the chief executive officers to resolve such dispute, and such Briefs shall be submitted to such reputable and experienced mediation service as is selected by the Partnership Board by Required Majority Vote or, failing such selection, by the Chief Executive Officer (the "Mediator"). During a period of twenty (20) days, the Mediator and the General Partners shall attempt to reach a resolution of the Deadlock Event. (iii) In the event that after such twenty (20) day period (or such longer period as the Partnership Board may approve by Required Majority Vote), the General Partners are still unable to reach resolution of the Deadlock Event (such resolution to be evidenced by the requisite vote of the Partnership Board with respect to the underlying matters), the Deadlock Event shall constitute a Liquidating Event as provided in Section 14.1(a)(iii) unless the Partnership Board determines by Required Majority Vote not to dissolve.

ESCALATION PROCEDURES. If the negotiations conducted pursuant to the Claims Procedures set forth above do not lead to resolution of the underlying dispute or claim to the satisfaction of the party that made the claim, then that party may, at its option and in its sole and absolute discretion, notify the other in writing that it desires to elevate the dispute or claim to a higher level of authority within FIS’s organization and within Client’s organization for resolution. Upon receipt by the other party of such written notice, the dispute or claim shall be so elevated and such higher level authorities shall negotiate in good faith and each use their reasonable best efforts to resolve the dispute or claim. The location, format, frequency, duration and conclusion of these elevated discussions shall be left to the discretion of the representatives involved. Upon agreement, the representatives may utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement which shall not be admissible in any subsequent proceedings between the parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations may, if otherwise admissible, be admitted in evidence in such subsequent proceeding.

ESCALATION PROCEDURES. The Dial Telecom Helpdesk has the escalation contact details of the next level of management at hand in order to be communicated to the Subscriber. This is necessary where the Subscriber is not satisfied with the current level of service from the first contact or the first contact level is for whatever reason unavailable. 1st Level ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ NOC leader ▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ +▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ 2nd Level ▇▇▇▇▇ ▇▇▇▇▇▇▇ Wholesale Manager ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ +▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ 2nd Level ▇▇▇▇ ▇▇▇▇▇▇▇ Retail Manager ▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ +▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ 3rd Level ▇▇▇▇▇ ▇▇▇▇▇▇▇ Technical Director ▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇ +▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ 6 FINAL PROVISIONS 6.1 This agreement can only be modified or cancelled by a written amendment signed by the representatives of both contractual parties. 6.2 If there is no other agreement, the legal conditions of this SLA are ruled by the Czech commercial code. 6.3 This agreement shall be printed in 2 copies and each side shall receive one copy. 6.4 The contractual parties declare, that the Agreement has been read before the Contract signature.

ESCALATION PROCEDURES. 8.1 AT&T OKLAHOMA will provide CLEC with written escalation procedures for maintenance resolution to be followed if, in CLEC's judgment, any individual trouble ticket or tickets are not resolved in a timely manner. The escalation procedures to be provided hereunder shall include names and telephone numbers of AT&T OKLAHOMA management personnel who are responsible for maintenance issues. CLEC acknowledges that LOC escalation contact list found on CLEC Online meets the requirements of this Section.

ESCALATION PROCEDURES. (a) Each of the parties will negotiate, in good faith, any claim or dispute that has not been satisfactorily resolved following the claim resolution procedures described in Section 16.2. To this end, each party will escalate any and all unresolved disputes or claims in accordance with Section 16.3(b) and (c) before taking further action. (b) If the negotiations conducted pursuant to Section 16.2 do not lead to resolution of the underlying dispute or claim to the satisfaction of the parties, then such party may notify the other in writing that he/she desires to escalate the dispute or claim to the individual executives on the other party’s staffs who are responsible for operations for resolution (“Executives”). Upon receipt by the other party of such written notice, the dispute or claim shall be so escalated and the Executives shall negotiate in good faith and each use their reasonable efforts to resolve such dispute or claim. The location, format, frequency, duration and conclusion of these escalated discussions shall be left to the discretion of the Executives involved. Upon agreement, the Executives may utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and correspondence among the Executives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, and shall not be admissible in subsequent proceedings between the parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in such subsequent proceeding.

ESCALATION PROCEDURES. In the event that the Project Manager cannot reach agreement about: i) the acceptance of deliverables, ii) the achievement of milestones, or iii) the resolution of routine disputes that may arise during the course of the performance of this Contract, the matter shall be referred to the Contract Manager at DIR and the JOB TITLE at Vendor (First Escalation Team), in a jointly executed memorandum of referral, signed by both Project Managers, for resolution no later than five days after the memorandum is received by the First Escalation Team. In the event one Project Manager refuses to sign the pro- offered memorandum of referral within two business days of receipt, the referring Project Manager may note “refused to sign” on the memorandum and forward it to the First Escalation Team. If the Contract Manager at DIR and the JOB TITLE VENDOR cannot reach a resolution within ten days of the date of receipt of the memorandum of referral, the matter shall be submitted to the Director, Enterprise Contract Management of DIR and the Vendor’s JOB TITLE (Second Escalation Team), along with all appropriate documentation. The Second Escalation Team shall have five (5) days to resolve the matter referred. In the event of failure of the parties to reach a resolution through this process, then the Vendor that is dissatisfied may proceed with the dispute resolution process provided in Chapter 2260, Texas Government Code, to the extent applicable, and DIR, if it is dissatisfied, may exercise its available legal remedies, as appropriate.