Common use of Step Negotiations Clause in Contracts

Step Negotiations. The Parties shall attempt in good faith to resolve all disputes under the Contract Documents (“Disputes”) promptly by negotiation as follows. Any Party may give the other Party written notice of any Dispute not resolved in the normal course of business. The project team member(s) will first strive to work out the problem internally. If the project team cannot resolve the dispute within *** Business Days, Contractor’s Designated Representative and ComEd’s Designated Representative will meet to resolve the problem. If Contractor’s Designated Representative and ComEd’s Designated Representative cannot resolve the dispute *** Business Days after being escalated the managers, executives of both Parties shall meet at a mutually acceptable time and place within *** calendar days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. If the matter has not been resolved within *** calendar days from the refenal of the Dispute to senior executives or if no meeting of senior executives has taken place within fifteen (15) calendar days after such referral, either Party may initiate such legal action as it deems appropriate. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least *** Business Days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 26.1 ate confidential and protected from subsequent testimonial disclosures, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.

Step Negotiations. The Parties shall attempt in good faith to resolve all disputes Disputes under the Contract Documents (“Disputes”) promptly by negotiation as follows. Any Party may give the other Party written notice of any Dispute not resolved in the normal course of business. The project team member(s) will first strive to work out the problem internally. If the project team cannot resolve the dispute within *** two (2) Business Days, ContractorCompany’s Designated Representative and ComEdBuyer’s Designated Representative will meet to resolve the problem. If ContractorCompany and Buyer’s Designated Representative and ComEd’s Designated Representative Representatives cannot resolve the dispute *** within three (3) Business Days after being escalated the managers, executives of both Parties shall meet at a mutually acceptable time and place within *** ten (10) calendar days after delivery of such notice, and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. If the matter has not been resolved within *** thirty (30) calendar days from the refenal referral of the Dispute to senior executives or if no meeting of senior executives has taken place within fifteen (15) calendar days after such referral, either Party may initiate such legal action as it deems appropriate. If a negotiator intends to be accompanied at a meeting by an attorneyattorney (other than in-house counsel), the other negotiator shall be given at least *** three (3) Business Days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Section 26.1 ate Article are confidential and protected from subsequent testimonial disclosures, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.