Good Faith Negotiations. Following delivery of an Escalation Notice, the parties shall undertake good faith, diligent efforts to negotiate a commercially reasonable resolution of the dispute, controversy or claim. The parties may, by mutual consent, retain a mediator to aid the parties in their discussions and negotiations. Any opinion expressed by the mediator shall be strictly advisory and shall not be binding on the parties, nor shall any opinion expressed by the mediator be admissible in any arbitration proceedings. The mediator may be chosen from a list of mediators selected by the parties or by other agreement of the parties. All third-party costs of the mediation shall be borne equally by the parties involved in the matter, and each party shall be responsible for its own expenses. Mediation is not a prerequisite to an Arbitration Demand Notice under Section 6.03.
Appears in 6 contracts
Samples: Distribution Agreement (Hillenbrand, Inc.), Distribution Agreement (Batesville Holdings, Inc.), Distribution Agreement (Batesville Holdings, Inc.)
Good Faith Negotiations. Following delivery of an Escalation Notice, the parties shall undertake good faith, diligent efforts to negotiate a commercially reasonable resolution of the dispute, controversy or claim. The parties may, by mutual consent, retain a mediator to aid the parties in their discussions and negotiations. Any opinion expressed by the mediator shall be strictly advisory and shall not be binding on the parties, nor shall any opinion expressed by the mediator be admissible in any arbitration proceedings. The mediator may be chosen from a list of mediators selected by the parties or by other agreement of the parties. All third-party costs of the mediation shall be borne equally by the parties involved in the matter, and each party shall be responsible for its own expenses. Mediation is not a prerequisite to an Arbitration Demand Notice under Section 6.033.03.
Appears in 5 contracts
Samples: Judgment Sharing Agreement (Hillenbrand, Inc.), Judgment Sharing Agreement (Batesville Holdings, Inc.), Judgment Sharing Agreement (Batesville Holdings, Inc.)
Good Faith Negotiations. Following delivery of an Escalation Notice, the parties Parties shall undertake good faith, diligent efforts to negotiate a commercially reasonable resolution of the dispute, controversy or claim. The parties Parties may, by mutual consent, retain a mediator to aid the parties Parties in their discussions and negotiations. Any opinion expressed by the mediator shall be strictly advisory and shall not be binding on the partiesParties, nor shall any opinion expressed by the mediator be admissible in any arbitration proceedings. The mediator may be chosen from a list of mediators selected by the parties Parties or by other agreement of the partiesParties. All third-party costs of the mediation shall be borne equally by the parties Parties involved in the matter, and each party Party shall be responsible for its own expenses. Mediation is not a prerequisite to an Arbitration Demand Notice under Section 6.0311.3.
Appears in 3 contracts
Samples: Tax Sharing Agreement (Batesville Holdings, Inc.), Tax Sharing Agreement (Hill-Rom Holdings, Inc.), Tax Sharing Agreement (Hillenbrand, Inc.)
