Progressive Dispute Negotiation Process Sample Clauses

Progressive Dispute Negotiation Process. This Section will govern any dispute between the parties arising from or related to the subject matter of this Agreement that is not resolved by agreement between the respective personnel of the parties responsible for day-to-day administration and performance of this Agreement. 1) Prior to the filing of any suit with respect to such a dispute (other than a suit seeking injunctive relief with respect to Intellectual Property Rights) the party believing itself aggrieved (the “Invoking Party”) will call for progressive management involvement in the dispute negotiation by written notice to the other party. Such a written notice will be without prejudice to the Invoking Party’s right to any other remedy permitted by this Agreement. 2) The parties will use their best efforts to arrange personal meetings or telephone conferences as needed, at mutually convenient times and places, between negotiators for the parties at the following successive management levels, each of which will have a period of allotted time as specified below in which to attempt to resolve the dispute. 1st Product Mgr Product Mgr. 10 Bus. Days 2nd Division VP Business Dir. 10 Bus. Days 3rd Corporate Off. Division VP. 30 Cal. Days The allotted time for the first level negotiator will begin on the effective date of the Invoking Party’s notice. If a resolution is not achieved by negotiators at any given management level at the end of their allotted time, then the allotted time for the negotiations at the next management level, if any, will begin immediately. If resolution is not achieved by negotiators at the final management level within the allotted time then the parties agree within twenty (20) days to select a form of alternative dispute resolution “ADR” (either informal, non-binding arbitration, private judging, mini trial, summary jury trial, moderated settlement conference, mediation or some other format), and negotiate an ADR Agreement for an ADR process. The ADR Agreement shall at least include provisions governing the ADR procedure, rules, discovery, timing and cost allocations. In no event will such ADR process result in the imposition of any element of punitive damages to either party in the event of any award. If the ADR Agreement is not agreed to by the parties within the time as set forth above, then either party may bring suit to resolve the dispute in any court of competent jurisdiction.