Negotiation between the Parties Sample Clauses

Negotiation between the Parties. The parties shall first attempt to resolve any controversy that arises from this Agreement, or claim for breach of the Agreement, by good faith negotiations, first between their respective business development representatives and then, if necessary, between senior representatives for the Parties.

Negotiation between the Parties. The Seller and the Buyer shall negotiate in good faith during a period of one month from the date of receipt of the Claim Notification in an attempt to reach an agreement with respect to: (i) The existence of liability for breach of the Specific Warranties, and (ii) The amount of the Damages to be paid, where applicable, as a result of said liability. In the event that an agreement is not reached by the Parties, the Seller shall notify the Buyer in writing within five Business Days after the end of the negotiation period whether it rejects or accepts its liability and, in the latter case, the amount which it recognizes that must be paid. If the Seller does not give said notification, it shall be deemed to have rejected the Claim Notification in its entirety. In the event that the Seller recognizes liability in whole or in part, it shall pay the amount which it would have accepted within the period set forth in Clause 8.2 above, without prejudice to the Buyer’s right to demand the balance of its claim. Any Claim Notification shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn six months after the notice is given, unless at the relevant time legal proceedings in respect of the claim have been commenced by being both issued and served.

Negotiation between the Parties. This Agreement is a result of negotiations between the parties, none of whom have acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the parties hereby waive the application of any rule or law that otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of the same. Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular and the singular, the plural. The words “hereof,” “herein,” “hereunder and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement.

Negotiation between the Parties. Subject to Section 12.2, the Parties shall first attempt to resolve any controversy that arises from this Agreement, or claim for breach of the Agreement, by good faith negotiations, first between their respective business development representatives and then, if necessary, between senior representatives for the Parties, such as the Senior Vice-President for Research or President of DFCI and the Chief Financial Officer or Chief Executive Officer of Licensee.

Negotiation between the Parties. The Parties shall first attempt to resolve any controversy or dispute that arises from or under this Agreement, or any claim for a breach of the Agreement, by good faith negotiations during a [***] period for any payment based breach, and for a [***] period for any non-payment based breach, first between their respective business development representatives. In the event that no agreement is reached with respect to such dispute during the applicable [***] or [***] period above after the commencement of such discussion, the matter shall be referred to the Head of Licensing of Lonza, the President and CEO of MEE, and the CEO of TDTx (“Senior Executives”), who will discuss the matter in good faith and attempt to resolve it.

Negotiation between the Parties. The Parties shall use their best efforts to try to amicably resolve all conflicts resulting herefrom. In the event of any conflict, the Party interested in resolution thereof shall give the other Party written notice of its interest to conduct amicable negotiations in good faith, in order to resolve the conflict within [*] ([*]) [*] as from receipt of the notice.