Common use of Informal Resolution of Disputes Clause in Contracts

Informal Resolution of Disputes. In the case of a dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner than ninety (90) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith with the other Party.

Appears in 17 contracts

Samples: General Terms and Conditions, Agreement (, General Terms and Conditions

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Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 16 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Informal Resolution of Disputes. In the case of a dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner than ninety (90) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith with the other Party.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreementAgreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreementAgreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement (Lightyear Network Solutions, Inc.), Interconnection Agreement

Informal Resolution of Disputes. In the case of a dispute dispute, and upon receipt of the Dispute Notice Notice, each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, matters to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, duration and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures procedures, such as mediation mediation, to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, communications which are not prepared for purposes of the negotiations, negotiations are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither Party may invoke formal dispute resolution procedures Dispute Resolution procedures, including arbitration or other procedures as appropriate appropriate, sooner than ninety (90) calendar days after the date receipt of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith with the other Party.

Appears in 3 contracts

Samples: Commercial Mobile Radio Services Interconnection Agreement, Commercial Mobile Radio Services Interconnection Agreement, Commercial Mobile Radio Services Interconnection Agreement

Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice billing dispute form each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Noticebilling dispute form, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 2 contracts

Samples: Agreement, Agreement

Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice billing dispute form each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreementAgreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreementAgreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Noticebilling dispute form, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 1 contract

Samples: Interconnection Agreement (Lightyear Network Solutions, Inc.)

Informal Resolution of Disputes. In the case of a dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but not are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner than ninety (90) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith with the other Party.

Appears in 1 contract

Samples: Interconnection Agreement

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Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice billing dispute form each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties' agreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Noticebilling dispute form, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 1 contract

Samples: General Terms and Conditions

Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below a PUC dispute resolution process or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration a PUC dispute resolution process or in any lawsuit. Unless otherwise provided herein, or upon the Parties’ agreementAgreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 1 contract

Samples: Interconnection Agreement

Informal Resolution of Disputes. In the case of a any dispute and upon receipt of the Dispute Notice Notice, each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the The representatives may, but are not obligated to, agree to utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both partiesParties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner appropriate, not earlier than ninety thirty (9030) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 1 contract

Samples: icc.illinois.gov

Informal Resolution of Disputes. In the case of a dispute and upon receipt of the Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ agreement, neither Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate sooner than ninety (90) days after the date of the Dispute Notice, provided the Party invoking the formal dispute resolution process has negotiated in good faith with the other Party.

Appears in 1 contract

Samples: Agreement

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