Common use of ESCALATION PROCEDURES Clause in Contracts

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.

Appears in 2 contracts

Sources: Information Technology Services Agreement, Information Technology Services Agreement (Placer Sierra Bancshares)

ESCALATION PROCEDURES. (a) Each of the parties will shall escalate and negotiate, in good faith, any claim or dispute that has not been satisfactorily resolved following between the claim resolution procedures described in 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 16.210.2(b) following). To this end, each party will shall escalate any and all unresolved disputes or claims in accordance with this Section 16.3(b) 10.2 at any time to persons responsible for the administration of the relationship reflected in this Agreement. The location, format, frequency, duration and (c) before taking further action. (b) conclusion of these elevated discussions shall be left to the discretion of the representatives involved. If the negotiations conducted pursuant to Section 16.2 such parties do not lead to resolution of resolve the underlying dispute or claim within ten (10) Days of its escalation to the satisfaction of the partiesthem, then such either party may notify the other in writing that he/she desires to escalate elevate the dispute or claim to the individual executives on President of RMSS and the other party’s staffs who are responsible President of Licensee or their designated representative(s) for operations for resolution resolution. (“Executives”). b) Upon receipt by the other a party of such a written noticenotice escalating the dispute to the company president level, the dispute or claim shall be so escalated President of RMSS and the Executives President of Licensee or their designated representative(s) shall promptly communicate with his/her counter party, 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 elevated discussions shall be left to the discretion of the Executives representatives involved. Upon agreement, the Executives such representatives may utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions 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 Executives representatives for purposes of these negotiations shall be treated as confidential information Proprietary Information developed for purposes of settlement, exempt from discovery and production, and 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.

Appears in 2 contracts

Sources: Ots and Ots Gold Software License Agreement (Fidelity National Information Services, Inc.), Software License Agreement (Fidelity National Title Group, Inc.)

ESCALATION PROCEDURES. (a) Each of the parties will agrees to negotiate, in good faith, any claim or dispute that has not been satisfactorily resolved following the claim resolution procedures described in Section 16.2above. To this end, each party will agrees to escalate any and all unresolved disputes or claims in accordance with Section 16.3(b) and (c) this subsection iii before taking further action. (b) If the negotiations conducted pursuant to Section 16.2 subsection A.ii. above do not lead to resolution of the underlying dispute or claim to the satisfaction of the partiesa party involved in such negotiations, then such either party may notify the other in writing that heshe/she he desires to escalate elevate the dispute or claim to the individual executives on President of Customer and the other party’s staffs who are responsible President of Euronet for operations for resolution (“Executives”)resolution. Upon receipt by the other party of such written notice, the dispute or claim shall be so escalated elevated and the Executives President of Customer and the President of Euronet shall negotiate in good faith and each use their reasonable best efforts to resolve such dispute or claim. The location, format, frequency, duration and conclusion of these escalated elevated discussions shall be left to the discretion of the Executives representatives involved. Upon agreement, the Executives representatives may utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and correspondence among the Executives representatives for purposes of these negotiations shall be treated as confidential information Confidential Information developed for purposes of settlement, exempt from discovery and production, and which 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.

Appears in 2 contracts

Sources: Software License Agreement (Euronet Worldwide Inc), Software License Agreement (Euronet Worldwide Inc)

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 16.211.2. To this end, each party will escalate any and all unresolved disputes or claims in accordance with Section 16.3(b11.3(b) and (c) before taking further action. (b) If the negotiations conducted pursuant to Section 16.2 11.2 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.

Appears in 1 contract

Sources: Addendum to Agreement for Information Technology Services (Placer Sierra Bancshares)

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 7.15 do not lead to resolution of the underlying dispute or claim to the satisfaction of the partiesa Party involved in such negotiations, then such party either Party may notify the other in writing that he/she it desires to escalate the dispute or claim to the individual executives on Parties’ Relationship Managers for resolution. (i) Level 1: The respective Relationship Managers for each Party will meet and attempt in good faith to resolve the other party’s staffs who are responsible for operations for resolution dispute within 30 days of receipt of the notification. (“Executives”). Upon receipt by ii) Level 2: If the other party of conflict is not resolved within such written notice30 day period, either Business Group Executive shall escalate the dispute or claim shall be so escalated and to his/her executive level officer who will notify his/her counterpart at the Executives shall negotiate in good faith and each use their reasonable efforts other Party of the need to resolve such the dispute or claim. The Parties will then have 30 days from receipt of the notification to meet and attempt in good faith to resolve the claim or dispute. (iii) The location, format, frequency, duration and conclusion of these escalated elevated discussions shall be left to the discretion of the Executives Parties’ representatives involved. Upon agreement, the Executives representatives may utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and correspondence among the Executives representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, and which shall not be admissible in subsequent proceedings between the partiesParties. 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. (b) If the conflict is not resolved by either Level 1 or Level 2 intervention, then either party may request in writing that the Parties resolve the conflict by either mediation or binding

Appears in 1 contract

Sources: Servicing Agreement (GreenSky, Inc.)

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 16.218.2. To this end, each party will escalate any and all unresolved disputes or claims in accordance with Section 16.3(b18.3(b) and (c) before taking further action. (b) If the negotiations conducted pursuant to Section 16.2 18.2 do not lead to resolution of the underlying dispute or claim to the satisfaction of the partiesa party involved in such negotiations, then such either party may notify the other in writing that he/she desires to escalate elevate the dispute or claim to the individual executives on ________________ of Fidelity and the other party’s staffs who are responsible _______________ of Client for operations for resolution (“Executives”)resolution. Upon receipt by the other party of such written notice, the dispute or claim shall be so escalated elevated and the Executives ________________ of Fidelity and the __________________ of Client shall negotiate in good faith and each use their its reasonable efforts to resolve such dispute or claim. The location, format, frequency, duration and conclusion of these escalated elevated discussions shall be left to the discretion of the Executives representatives involved. Upon agreement, the Executives representatives may utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and correspondence among the Executives representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, and which 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.

Appears in 1 contract

Sources: Agreement to Provide Software and Services (Commercial Bankshares Inc)