Resolving Deadlocks Sample Clauses

The Resolving Deadlocks clause establishes procedures for addressing situations where parties are unable to reach agreement or progress due to a stalemate. Typically, this clause outlines steps such as escalating the issue to higher management, engaging in mediation, or appointing an independent third party to facilitate resolution. Its core function is to provide a structured mechanism for breaking impasses, ensuring that disputes do not indefinitely halt the performance or continuation of the contract.
POPULAR SAMPLE Copied 2 times
Resolving Deadlocks. If the Executive Committee is deadlocked on any Major Decision (as defined in Section 2.04), then the Representatives shall consult with one another in a good faith attempt to resolve such deadlock for a period of sixty (60) days (or such longer period as is unanimously agreed to by the Representatives). The failure of the Representatives to resolve any such impasse for any reason prior to the expiration of such sixty (60)-day period shall constitute an "Impasse Event" under this Agreement (so long as the deadlock that resulted in such impasse remains unresolved). Prior to the expiration of such sixty (60)-day period (or such longer period as is unanimously agreed to by the Representatives), neither Member may elect to commence the buy/sell procedure set forth in Article VIII as result of any Impasse Event.
View SourceView Similar (4)
Resolving Deadlocks. Except as set forth in Section 6.4(e) below, if the Steering Committee does not reach a unanimous decision on a matter subject to its vote after reasonably thorough deliberation, the President/Chief Executive Officer of both Parties shall jointly make a final decision with respect to such matter. If the President/Chief Executive Officers do not reach a unanimous decision after reasonably thorough deliberation, the deadlock shall be resolved by accelerated arbitration before a panel of three (3) arbitrators ("ARBITRATION PROCEDURE"), unless a different procedure is expressly specified herein. Each Party's President/Chief Executive Officer will choose an industry expert to serve as arbitrator under the Arbitration Procedure, and the two (2) chosen arbitrators will retain a third arbitrator. The date of the third arbitrator's agreement to serve on the panel will constitute the date of empanelment. The Arbitration Procedure must be completed within seven (7) Business Days following the date of empanelment and the Arbitration Procedure shall include a briefing by the Parties and a decision by the panel (such decision to be effective when rendered; provided that the panel may have an additional three (3) Business Days to reduce its decision to writing if requested by either Party). All decisions under the Arbitration Procedure shall be made by majority vote of the arbitration panel (i.e., 3-0 or 2-1). The arbitration panel's jurisdiction for decision-making shall be limited to matters that may be decided by the Steering Committee. In particular, the arbitration panel established in this Section 6.4(d) shall not have jurisdiction to resolve disputes between the Parties relating to the interpretation, compliance or alleged non-compliance or breach of the terms of this Agreement (including, without limitation, with respect to the determination of the costs to be allocated pursuant to this Agreement).
View Source
Resolving Deadlocks. If the Executive Committee is deadlocked on any Major Decision (as defined in Section 2.04), then the Representatives shall consult with one another in a good faith attempt to resolve such deadlock for a period of thirty (30) days (or such longer period as is unanimously agreed to by the Representatives). The failure of the Representatives to resolve any impasse for any
View Source

Related to Resolving Deadlocks

  • Deadlock Unless otherwise expressly set forth herein, in the event the Members are unable to reach agreement on or make a decision with respect to any matter on which the Members are entitled to vote, the matter shall be subject to the Internal Dispute Resolution Procedure described in Article 13 hereof.

  • Arbitrable Claims Except as otherwise specified below, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever (including, without limitation, all torts, whether regarding negligence, breach of fiduciary duty, restraint of trade, fraud, conversion, duress, interference, wrongful replevin, wrongful sequestration, fraud in the inducement, usury or any other tort, all contract actions, whether regarding express or implied terms, such as implied covenants of good faith, fair dealing, and the commercial reasonableness of any Collateral disposition, or any other contract claim, all claims of deceptive trade practices or lender liability, and all claims questioning the reasonableness or lawfulness of any act), whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between DFS and Dealer; (c) any act committed by DFS or by any parent company, subsidiary or affiliated company of DFS (the "DFS Companies"), or by any employee, agent, officer or director of a DFS Company whether or not arising within the scope and course of employment or other contractual representation of the DFS Companies provided that such act arises under a relationship, transaction or dealing between DFS and Dealer; and/or (d) any other relationship, transaction or dealing between DFS and Dealer (collectively the "Disputes"), will be subject to and resolved by binding arbitration.

  • RESOLVED That the legal opinion delivered pursuant to the partnership agreement of the partnership as described in the proxy statement under "The Mergers -- Legal Opinion for Limited Partners," in form and substance as set forth in Exhibit A to these merger proposals, be and hereby is approved as in form and substance satisfactory to the limited partners of such partnership in their reasonable judgment. EXHIBIT A TO APPENDIX D OPINION OF [OPINION SHOULD BE SUBSTANTIALLY TO THE FOLLOWING EFFECT] Pioneer Natural Resources USA, Inc., As Sole or Managing General Partner of 25 Publicly-Held Limited Partnerships Named in the Proxy Statement dated , 1999 1400 Williams Square West 5205 North O'Connor Blvd. Irving, Texas 75039 We are of the opinion that neither the grant nor the exercise of the right to amend each of the partnership agreements allowing each partnership to merge with and into Pioneer Natural Resources USA, Inc. will result in the loss of limited liability of any limited partner or result in any of the partnerships being treated as an association taxable as a corporation for federal income tax purposes. APPENDIX E FORM OF AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER, dated , 1999, to be effective as of the Closing Date (as defined below) (the "MERGER AGREEMENT"), is entered into by and among Pioneer Natural Resources Company, a Delaware corporation ("PIONEER"), Pioneer Natural Resources USA, Inc., a Delaware corporation and wholly-owned subsidiary of Pioneer ("PIONEER USA"), and each of the limited partnerships referred to below (the "PARTNERSHIPS").

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:- a. Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and b. If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration ▇▇▇ ▇▇▇▇ and any amendments. Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.

  • Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.