Common use of Non-Binding Mediation Clause in Contracts

Non-Binding Mediation. In the event that any Dispute arising out of or related to this Agreement is not settled by the parties within fifteen (15) calendar days after the first meeting of the vice president-level negotiating teams under Section 5.2, the parties will attempt in good faith to resolve such Dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules as in effect at such time. Mediation shall be held within thirty (30) calendar days of the end of such fifteen (15) calendar day negotiation period of the negotiating teams. Except as provided in Section 5.4, no litigation for the resolution of such Dispute may be commenced until the parties attempt in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Appears in 3 contracts

Samples: Master Separation and Distribution Agreement (Yellow Corp), Master Separation and Distribution Agreement (SCS Transportation Inc), Master Separation and Distribution Agreement (SCS Transportation Inc)

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Non-Binding Mediation. In the event that any Dispute arising out of or related to this Agreement is not settled by the parties within fifteen (15) calendar days after the first meeting of the vice president-level second tier negotiating teams under Section 5.25.9(a), the parties will attempt in good faith to resolve such Dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules as in effect at such timeRules. Mediation The mediation shall be held within thirty (30) calendar days of the end of such fifteen (15) calendar day negotiation period of the second tier negotiating teams. Except as provided below in Section 5.45.9(c), no litigation for the resolution of such Dispute dispute may be commenced until the parties attempt try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Appears in 2 contracts

Samples: Master Separation and Distribution Agreement (Agilent Technologies Inc), Master Separation and Distribution Agreement (Agilent Technologies Inc)

Non-Binding Mediation. In the event that any Dispute arising out of or related to this Agreement is not settled by the parties within fifteen (15) calendar days after the first meeting of the vice president-level negotiating teams under Section 5.2SECTION 4.7(A), the parties will attempt in good faith to resolve such Dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules as in effect at such timeRules. Mediation The mediation shall be held within thirty (30) calendar days of the end of such fifteen (15) calendar day negotiation period of the negotiating teams. Except as provided below in Section 5.4SECTION 4.7(C), no litigation for the resolution of such Dispute dispute may be commenced until the parties attempt try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Harmonic Inc), Separation and Distribution Agreement (C Cube Semiconductor Inc)

Non-Binding Mediation. In the event that any Dispute arising out of or related to this Agreement is not settled by the parties within fifteen (15) calendar days after the first meeting of the vice president-level second tier negotiating teams under Section 5.26.1(a), the parties will attempt in good faith to resolve such Dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules as in effect at such timeRules. Mediation The mediation shall be held within thirty (30) calendar days of the end of such fifteen (15) calendar day negotiation period of the second tier negotiating teams. Except as provided below in Section 5.46.1(c), no litigation for the resolution of such Dispute dispute may be commenced until the parties attempt try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Appears in 2 contracts

Samples: Initial Public Offering Agreement (Phoenix Technologies LTD), Initial Public Offering Agreement (Insilicon Corp)

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Non-Binding Mediation. In the event that any Dispute arising out of or related to this Agreement is not settled by the parties within fifteen (15) calendar days after the first meeting of the vice president-level second tier negotiating teams under Section 5.2SECTION 5.9(a), the parties will attempt in good faith to resolve such Dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules as in effect at such timeRules. Mediation The mediation shall be held within thirty (30) calendar days of the end of such fifteen (15) calendar day negotiation period of the second tier negotiating teams. Except as provided below in Section 5.4SECTION 5.9(c), no litigation for the resolution of such Dispute dispute may be commenced until the parties attempt try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Appears in 2 contracts

Samples: Master Separation and Distribution Agreement (Cellteck Inc.), Master Separation and Distribution Agreement (Hewlett Packard Co)

Non-Binding Mediation. In the event that any Dispute arising out of or related to this Agreement is not settled by the parties within fifteen thirty (1530) calendar days after the first meeting referral of such Dispute to the chief executive officers of the vice president-level negotiating teams parties under Section 5.25.7(a), the parties will attempt in good faith to resolve such Dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules as in effect at such timeRules. Mediation The mediation shall be held within thirty (30) calendar days of the end of such fifteen thirty (1530) calendar day negotiation period of the negotiating teamschief executive officers. Except as provided below in Section 5.45.7(c), no litigation for the resolution of such Dispute dispute may be commenced until the parties attempt try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The costs of mediation shall be shared equally by the parties to the mediation. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.

Appears in 2 contracts

Samples: Master Separation and Distribution Agreement (Savannah Electric & Power Co), Master Separation and Distribution Agreement (Southern Energy Inc)

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