Common use of Step Negotiations Clause in Contracts

Step Negotiations. The parties shall attempt in good faith to resolve all 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. Executives of both parties at levels at least one level above the Project personnel who have previously been involved in the dispute (the “Executives”) shall meet at a mutually acceptable time and place within ten 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 days from the referral of the dispute to Executives, or if no meeting of Executives has taken place within fifteen days after such referral, either party may initiate mediation as provided hereinafter. If a negotiator intends to be accompanied at a meeting by an attorney, the other negotiator shall be given at least three business days’ notice of such intention and may also be accompanied by an attorney. All negotiations pursuant to this Article 18 are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence. Nothing in this Article 18 shall limit Owner’s legal or equitable rights and remedies or any Owner rights or remedies set forth in this Agreement, including, without limitation, Owner’s termination rights.