Common use of Submission to Mediation Clause in Contracts

Submission to Mediation. If, within 30 days after such meeting of officers or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the “Senior Executives.” Upon such referral, the Senior Executives or delegees shall review the following materials provided by KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each Party’s contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 13.2 within 30 days of the referral of such Dispute, KPMG and Consulting may then pursue the remedies contemplated by Sections 13.3 and 13.4.

Appears in 1 contract

Samples: Separation Agreement (KPMG Consulting Inc)

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Submission to Mediation. If, within 30 days after such meeting of officers or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the "Senior Executives." Upon such referral, the Senior Executives or delegees shall review the following materials provided by KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each Party’s 's contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 13.2 within 30 days of the referral of such Dispute, KPMG and Consulting may then pursue the remedies contemplated by Sections 13.3 and 13.4.

Appears in 1 contract

Samples: Separation Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting receipt of officers or delegeesthe notice describing the dispute, the Parties have not succeeded in negotiating a resolution of the Dispute, KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the “Senior Executives.” Upon such referral, the Senior Executives or delegees shall review the following materials provided by KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each Partyparty’s contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 13.2 8.02 within 30 days of the referral of such Dispute, KPMG and Consulting may then pursue the remedies contemplated by Sections 13.3 8.03 and 13.48.04.

Appears in 1 contract

Samples: Transition Services Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting receipt of officers or delegeesthe notice describing the dispute, the Parties have not succeeded in negotiating a resolution of the Dispute, KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the "Senior Executives." Upon such referral, the Senior Executives or delegees shall review the following materials provided by KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each Party’s party's contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 13.2 8.02 within 30 days of the referral of such Dispute, KPMG and Consulting may then pursue the remedies contemplated by Sections 13.3 8.03 and 13.48.04.

Appears in 1 contract

Samples: Transition Services Agreement (KPMG Consulting Inc)

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Submission to Mediation. If, within 30 days after such meeting of officers officer and partner or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, KPMG the Partnership and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from KPMG the Partnership and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the "Senior Executives." Upon such referral, the Senior Executives or delegees shall review the following materials provided by KPMG the Partnership and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each Party’s party's contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 13.2 3.2 within 30 days of the referral of such Dispute, KPMG the Partnership and Consulting may then pursue the remedies contemplated by Sections 13.3 Section 3.3 and 13.43.4.

Appears in 1 contract

Samples: Non Competition Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting of officers officer and partner or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, KPMG the Partnership and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from KPMG the Partnership and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the “Senior Executives.” Upon such referral, the Senior Executives or delegees shall review the following materials provided by KPMG the Partnership and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each Partyparty’s contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 13.2 3.2 within 30 days of the referral of such Dispute, KPMG the Partnership and Consulting may then pursue the remedies contemplated by Sections 13.3 Section 3.3 and 13.43.4.

Appears in 1 contract

Samples: Non Competition Agreement (KPMG Consulting Inc)

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