Common use of Informal Resolution of Disputes Clause in Contracts

Informal Resolution of Disputes. 1.9.3.1 Upon receipt by one Party of written notice of a dispute, including billing disputes, each Party will appoint a knowledgeable, responsible representative 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 utilize other alternative informal 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.

Appears in 6 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

AutoNDA by SimpleDocs

Informal Resolution of Disputes. 1.9.3.1 Upon receipt by one Party of When such written notice of a disputehas been given, including billing disputesas required by Section 21.3, each Party Party, within ten (10) Business Days of receipt of such notice, will appoint a knowledgeable, responsible representative 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 mutual agreement, the representatives may utilize other alternative informal 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 any formal dispute resolution process arising out of the arbitration described below dispute (i.e., arbitration, complaint before the Commission, or in any lawsuit court action) without the prior written 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.

Appears in 3 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Informal Resolution of Disputes. 1.9.3.1 Upon receipt by one Party of 1. When such written notice of a disputehas been given, including billing disputesas required by Section C, Commencing Dispute Resolution, each Party will appoint a knowledgeable, responsible representative 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 utilize other alternative informal 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.

Appears in 2 contracts

Samples: Resale Agreement Between Pacific Bell, Resale Agreement (United States Telecommunications Inc/Fl)

Informal Resolution of Disputes. 1.9.3.1 Upon receipt by one Party 9.3.1 In the case of any dispute and at the written notice request of a dispute, including billing disputesParty, each Party will appoint a knowledgeable, responsible representative 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 utilize other alternative informal 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.

Appears in 2 contracts

Samples: Interconnection Agreement Missouri (Birch Telecom Inc /Mo), Interconnection Agreement (Birch Telecom Inc /Mo)

AutoNDA by SimpleDocs

Informal Resolution of Disputes. 1.9.3.1 Upon receipt by one Party of When such written notice of a dispute, including billing disputeshas been given, each Party will appoint a knowledgeable, responsible representative 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, but they shall use their best efforts to resolve the dispute within sixty (60) days. Upon agreement, the representatives may utilize other alternative informal dispute resolution 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.

Appears in 1 contract

Samples: Interconnection Agreement

Informal Resolution of Disputes. 1.9.3.1 Upon receipt by one Party of When such written notice of a disputehas been given, including billing disputesas required by Section 21.3, each Party Party, within ten (10) business days of receipt of such notice, will appoint a knowledgeable, responsible representative 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 mutual agreement, the representatives may utilize other alternative informal 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 any formal dispute resolution process arising out of the arbitration described below dispute (i.e., arbitration, complaint before the Commission, or in any lawsuit court action) without the prior written 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.

Appears in 1 contract

Samples: Interconnection Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.