Executive Mediation. Any Dispute shall first be referred to an Executive from each Party for attempted resolution by good faith negotiations. Any such Dispute shall be submitted to such Executives no later than [***] days following such request by either Party. Such Executives shall attempt in good faith to resolve any such Dispute within [***] days after submission of the Dispute. In the event the Executives are unable to resolve the Dispute, the Parties shall otherwise negotiate in good faith and use reasonable efforts to settle.
Executive Mediation. In the event of any Dispute, upon written request of any Party, such Dispute shall immediately be referred to one representative of the executive management designated by each Party in respect of such Dispute who is authorized to settle such Dispute. Such representatives shall promptly meet in a good faith effort to resolve such Dispute. If the representatives designated by the relevant Dispute Parties pursuant to this Section 17.3(b) do not resolve such Dispute within ten (10) days after such written request, such Dispute shall be exclusively and finally resolved by binding arbitration in accordance with the provisions and procedures set forth in Section 17.3(c).
Executive Mediation. Prior to submitting any dispute arising out of or related to this Agreement to arbitration pursuant to Section 13.2, the matter shall be submitted to the Chief Executive Officers of the parties for resolution. If such officers are unable to resolve the matter directly, they may, by mutual agreement utilize such dispute resolution methods, including mediation, as are mutually agreed. If no resolution is reached within fifteen (15) days following submission of such dispute to such officers, unless otherwise mutually agreed, the dispute shall be submitted to arbitration pursuant to Section 13.2.
Executive Mediation. The Parties will try to settle any dispute, controversy, or claim that arises out of, in connection with or relates to, any provision of the Agreement (“Disputed Matter”) by first referring the Disputed Matter to the Parties’ Executive Officers. Either Party may initiate such informal dispute resolution by sending written notice of the Disputed Matter to the other Party, and, within [ * ] after such notice, the Executive Officers (or their respective designees having the authority to settle such Disputed Matter) of the Parties will meet for attempted resolution by good faith negotiations. If the Executive Officers (or their respective designees) are unable to resolve such dispute within [ * ] of their first meeting for such negotiations, either Party may seek to have such dispute resolved in accordance with Section 15.3 below.
Executive Mediation. In the event that the dispute can not be resolved by mediation at the Collaboration Management Team pursuant to Section 17.2, such dispute shall be submitted to the appropriate designated executive officers of each Party, for attempted resolution by good faith negotiation for a period of a least thirty (30) days. Unless otherwise agreed, such designated officers are as follows: For PathoGenesis: Chief Executive Officer. For Chiron: Chief Executive Officer. In the event the designated officers are not able to resolve such dispute within such thirty (30) day period, any Party may invoke the provisions of Section 17.4 below.
Executive Mediation. Prior to commencing any action against the other party under or on account of this Agreement or exercising rights pursuant to Section 10.03(b)(vii), knowledgeable senior executive officers of each of Buyer Parent and Seller Parent shall meet to discuss the dispute. If no resolution is reached within thirty (30) days following submission of such dispute to such officers, unless otherwise mutually agreed in writing, each party may exercise any and all of its rights pursuant to this Agreement. The foregoing shall not restrict the ability of a party to seek relief as provided in Section 12.13.
Executive Mediation. The Parties will try to settle any dispute, controversy or claim that arises out of, or relates to, any provision of the Agreement (“Disputed Matter”) by first referring the Disputed Matter to the CEO of Exelixis (or his designee) and the CEO of Licensee (or his designee). Either Party may initiate such informal dispute resolution by sending written notice of the Disputed Matter to the other Party, and, within [ * ] after such notice, such CEOs (or their respective designees having the authority to settle such Disputed Matter) of the Parties will meet for attempted resolution by good faith negotiations. If such CEOs (or their respective designees) are unable to resolve such dispute within [ * ] of their first meeting for such negotiations, either Party may seek to have such dispute resolved in accordance with Section 16.3 below.
Executive Mediation. Any Dispute shall first be referred to an Executive from each Party for attempted resolution by good faith negotiations. Any such Dispute shall be submitted to such Executives no later than [***]*** days following such request by either Party. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. Such Executives shall attempt in good faith to resolve any such Dispute within [***] days after submission of the Dispute. In the event the Executives are unable to resolve the Dispute, the Parties shall otherwise negotiate in good faith and use reasonable efforts to settle.
Executive Mediation. If any dispute arises out of, in connection with, or relating to this Agreement, including any question regarding its existence, validity or termination (any such dispute, a “Dispute”), a Party shall first, by written notice to the other Party, have such Dispute referred to their respective chief executive officers for attempted resolution by good faith negotiations within [***] days after such notice is received. Such negotiations shall not be admissible in any subsequent dispute resolution proceeding. No Party may initiate an arbitration proceeding in accordance with Section 13.12 until the Parties have followed the procedures set forth in this Section 13.11.
Executive Mediation. In the event that the dispute can not be resolved by mediation at the Scientific Committee pursuant to Section 15.2, such dispute shall be submitted to the appropriate designated officers of each party, for attempted resolution by good faith negotiation for a period of at least thirty (30) days. In the event the designated officers are not able to resolve such dispute within such thirty (30) day period, and such dispute does not relate to a matter of business judgment, any party may invoke the mediation provisions of Section 15.4 below.
