Common use of Negotiation Between Executives Clause in Contracts

Negotiation Between Executives. DPI and Xxxxxx will attempt in good faith to resolve any claim or controversy arising out of or relating to the execution, interpretation and performance of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations between executives of each Party who have authority to settle the controversy. Either DPI or Xxxxxx may give the other Party written notice of any dispute. Within thirty (30) days after delivery of the notice, the receiving Party shall submit to the noticing Party a written response. The notice and the response shall include (a) a statement of each Party's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the notifying Party's notice, the executives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Blank Supply Agreement (Dupont Photomasks Inc)

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Negotiation Between Executives. DPI and Xxxxxx will The Members shall attempt in good faith to resolve any claim or controversy dispute arising out of or relating to this Agreement promptly by negotiation between the executionMembers through executives who, interpretation and performance if practical, are at a higher level of management than the persons with direct responsibility for administration of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations between executives of each Party who have authority to settle the controversyAgreement. Either DPI or Xxxxxx Any party may give the other Party party written notice of any disputedispute not resolved in the normal course of business. Within thirty fifteen (3015) days after delivery deliver of the notice, the receiving Party party shall submit to the noticing Party other a written response. The notice and the response shall include (ai) a statement of each Partyparty's position and a summary of arguments supporting that position, position and (bii) the name and title of the executive who will represent that Party party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the notifying Partydisputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Operating Agreement (Glimcher Realty Trust)

Negotiation Between Executives. DPI and Xxxxxx will (a) The parties shall attempt in good faith to resolve any claim or controversy dispute arising out of or relating to this Agreement promptly by negotiation between executives of the executionSeller and executives of Buyer who, interpretation and performance if possible, shall be at a higher management level than the individuals with direct responsibility for administration of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations between executives of each Party who have authority to settle the controversy“ Negotiators ”). Either DPI or Xxxxxx Any party may give the other Party parties written notice of any disputedispute not resolved in the normal course of business. Within thirty (30) 15 days after delivery of the notice, the receiving Party party shall submit to the noticing Party others a written response. The notice and the response shall include (ai) a statement of each Party's party’s position and a summary of arguments supporting that position, and (bii) the name and title of the executive who will represent that Party Negotiators and of any other person who will accompany the executivethem. Within thirty (30) 30 days after delivery of the notifying Party's disputing party’s notice, the executives Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other others will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alliance Data Systems Corp)

Negotiation Between Executives. DPI and Xxxxxx will (a) The Parties shall attempt in good faith to resolve any claim or controversy dispute arising out of or relating to this Agreement promptly by negotiation between Sellers or their appointed representatives and executives of Buyer who, if possible, shall be at a higher management level than the execution, interpretation and performance individuals with direct responsibility for administration of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations between executives of each "Negotiators"). Any Party who have authority to settle the controversy. Either DPI or Xxxxxx may give the other Party Parties written notice of any disputedispute not resolved in the normal course of business. Within thirty (30) 15 days after delivery of the notice, the receiving Party shall submit to the noticing Party others a written response. The notice and the response shall include (ai) a statement of each Party's position and a summary of arguments supporting that position, and (bii) the name and title of the executive who will represent that Party Negotiators and of any other person Person who will accompany the executivethem. Within thirty (30) 30 days after delivery of the notifying disputing Party's notice, the executives Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other others will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Stoneridge Inc)

Negotiation Between Executives. DPI and Xxxxxx will The parties shall attempt in good faith to resolve any claim or controversy arising out of or relating to the execution, interpretation and performance of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) Dispute promptly by submitting such dispute to negotiations negotiation between executives of each Party who have authority to settle the controversycontroversy and who are at a higher level of management than the persons with direct responsibility for the administration of the Agreement. Either DPI or Xxxxxx Any party may give the other Party written notice of any disputeDispute (a “Notice”) not resolved in the normal course of business. Within thirty fifteen (3015) days after delivery of the noticea Notice, the receiving Party party shall submit to the noticing Party other a written responseresponse (a “Response”). The notice Notice and the response Response shall include (a) a statement of each Party's that party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party party and of any other person who will accompany the executive. Within thirty (30) 30 days after delivery of the notifying Party's noticeResponse, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honoredDispute. All negotiations pursuant to this clause are subsection (b) shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2any subsequent proceedings under this Section 14.

Appears in 1 contract

Samples: Alliance Agreement (Exousia Advanced Materials, Inc.)

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Negotiation Between Executives. DPI Except as otherwise provided ------------------------------ elsewhere in this Agreement, the Buyers and Xxxxxx will the Sellers shall attempt in good faith to resolve any claim dispute or controversy difference between or among the parties arising out of or relating to the execution, interpretation and performance of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations negotiation between executives of each Party the relevant parties who have authority to settle the controversy. Either DPI Buyers or Xxxxxx Sellers may give the other Party written notice of any disputedispute not resolved in the normal course of business. Within thirty fifteen (3015) days after delivery of the notice, the receiving Party party shall submit to the noticing Party other a written response. The notice of dispute and the response shall include (a) a statement of each Partyparty's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the notifying Partydisputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other will be honored. All such information and all negotiations pursuant to this clause Section 11.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Purchase Agreement (Appleton Papers Inc/Wi)

Negotiation Between Executives. DPI and Xxxxxx will (i) The parties shall attempt in good faith to resolve any claim or controversy dispute arising out of or relating to the executionthis Agreement promptly by negotiation between Xxxxx X. Xxxxxx of Retail and Xxxx X. Xxxxx of GMH, interpretation and performance or their successors with direct responsibility for administration of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations between executives of each Party who have authority to settle the controversycontract. Either DPI or Xxxxxx Any party may give the other Party party written notice of any disputedispute not resolved in the normal course of business. Within thirty (30) 15 days after delivery of the notice, the receiving Party party shall submit to the noticing Party other a written response. The notice and the response shall include (a) a statement of each Partyparty's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party party and of any other person who will accompany the executive. Within thirty (30) 30 days after delivery of the notifying Partydisputing party's notice, the executives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Service Agreement (General Housing Inc)

Negotiation Between Executives. DPI and Xxxxxx will (a) The parties shall attempt in good faith to resolve any claim or controversy dispute arising out of or relating to this Agreement promptly by negotiation between executives of the executionSeller and executives of Buyer who, interpretation and performance if possible, shall be at a higher management level than the individuals with direct responsibility for administration of this Agreement (including the validity, scope and enforceability of this dispute resolution provision) promptly by submitting such dispute to negotiations between executives of each Party who have authority to settle the controversy“Negotiators”). Either DPI or Xxxxxx Any party may give the other Party parties written notice of any disputedispute not resolved in the normal course of business. Within thirty (30) 15 days after delivery of the notice, the receiving Party party shall submit to the noticing Party others a written response. The notice and the response shall include (ai) a statement of each Party's party’s position and a summary of arguments supporting that position, and (bii) the name and title of the executive who will represent that Party Negotiators and of any other person who will accompany the executivethem. Within thirty (30) 30 days after delivery of the notifying Party's disputing party’s notice, the executives Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other others will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 15.2.

Appears in 1 contract

Samples: Asset Purchase Agreement (Alliance Data Systems Corp)

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