Common use of Executive Escalation Clause in Contracts

Executive Escalation. Except for any claims or disputes based upon breach of confidentiality, or breach, infringement or misappropriation of Eargo’s Intellectual Property Rights, for any or all of which Eargo may elect to pursue injunctive relief as permitted by this Agreement, should any dispute arise between Eargo and Supplier pertaining to this Agreement or their rights and responsibilities to the other created hereunder, before proceeding with any binding arbitration pursuant to Section 25.3 below, the parties will first escalate such dispute by requesting that senior management level representatives of the parties meet to discuss and attempt to resolve the dispute in good faith. If such individuals are unable to resolve the issue in a timely manner, then either party may pursue any other rights or remedies under contract or at law as it deems appropriate to resolve the dispute, subject to Section 25.3 below.