Common use of Resolution by Executives Clause in Contracts

Resolution by Executives. If an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or obligations hereunder arises including any JSC decisions as described in Section 4.7, either Party may refer such dispute to the President of the CRM Operating Unit for Medtronic and the Chief Executive Officer for Orchestra (“Executives”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of the Executives within such thirty (30) day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 19.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. If Except as otherwise set forth in Article 4, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or obligations hereunder arises including any JSC decisions as described in Section 4.7arises, either Party may refer such dispute to the President respective chief of business unit including distribution of the CRM Operating Unit for Medtronic and the Chief Executive Officer for Orchestra Product under this Agreement (“ExecutivesExecutive”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of the Executives such officers within such thirty (30) day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 19.313.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. If Except as otherwise set forth in Article 4, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or obligations hereunder arises including any JSC decisions as described in Section 4.7arises, either Party may refer such dispute to the President respective chief of business unit including distribution of the CRM Operating Unit for Medtronic and the Chief Executive Officer for Orchestra Product under this Agreement (“ExecutivesExecutive”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of the Executives such officers within such thirty (30) day 30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 19.313.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. If Except as otherwise set forth in Article 4, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or obligations hereunder arises including any JSC decisions as described in Section 4.7arises, either Party may refer such dispute to the President of the CRM Operating Unit for Medtronic and the Chief Executive Officer for Orchestra (“Executives”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of the Executives within such thirty (30) day 30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 19.317.3. The Parties acknowledge that discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. If an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or and/or obligations hereunder arises including (other than any JSC decisions dispute to be resolved as described provided in Section 4.76.2), either Party may refer such dispute to the President of the CRM Operating Unit for Medtronic and the Chief Executive Officer for Orchestra (“Executives”)of Optimer and the President and Chief Executive Officer or its designee of Partner, who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of the Executives such officers within such thirty (30) day 30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 19.313.3. The Parties acknowledge that these discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.

Resolution by Executives. If Except as otherwise provided in Article 3, if an unresolved dispute as to matters arising under or relating to this Agreement or either Party’s rights or and/or obligations hereunder arises including any JSC decisions as described in Section 4.7arises, either Party may refer such dispute to the President of the CRM Operating Unit for Medtronic and the Chief Executive Officer for Orchestra (“Executives”), who shall meet in person or by telephone within thirty (30) days after such referral to attempt in good faith to resolve such dispute. If such matter cannot be resolved by discussion of the Executives such officers within such thirty (30) day 30)-day period (as may be extended by mutual written agreement), such dispute shall be resolved in accordance with Section 19.313.3. The Parties acknowledge that these discussions between the Parties to resolve disputes are settlement discussions under applicable rules of evidence and without prejudice to either Party’s legal position.