Executive Review definition

Executive Review has the meaning set forth in Section 10.05(b).

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Executive Review means a review by an Executive Officer undertaken as set out in section 4 of this Guidance Note,

Executive Review means a review by an Executive Officer undertaken as set out at section 4;

Examples of Executive Review in a sentence

• Any party to a Dispute may invoke Executive Review by written notice to the other party or parties thereto and the Chief Executive Officer.

• Any Controversy shall first be referred to an executive level employee of each Party who shall meet and confer with his/her counterpart to attempt to resolve the dispute (“Executive Review”) as follows: The disputing Party shall give the other Party written notice of the Controversy and request Executive Review.

• Within thirty (30) days of the request for Executive Review, an employee of each Party, with full authority to resolve the dispute, shall meet and attempt to resolve the dispute.

• If the Controversy has not been resolved within thirty five (35) calendar days of the request of Executive Review under Section 17.A. above, the Parties agree to mediate the Controversy in accordance with the American Health Lawyers Association Alternative Dispute Resolution Service Rules of Procedure for Mediation (“Mediation”).

• If the Controversy has not been resolved by Executive Review or Mediation, the Controversy shall be settled exclusively by binding arbitration.

• Any Controversy shall first be referred to an executive level employee of each party who shall meet and confer with his/her counterpart to attempt to resolve the dispute (“Executive Review”) as follows: The disputing party shall initiate Executive Review by giving the other party written notice of the Controversy and shall specifically request Executive Review of said Controversy in such notice.

• Within [***] calendar days of any party’s request for Executive Review, an executive level employee of each party shall be designated by the party to meet and confer with his/her counterpart to attempt to resolve the dispute.

• In the event that a Controversy has not been resolved by Executive Review or Mediation, the Controversy shall be settled exclusively by binding arbitration.

• Within [***] calendar days of any party’s written request for Executive Review, the receiving party shall submit a written response.

• The Senior Executive Review Group (SERG) has been established in accordance with clause 4 to review the progress of the Project at a higher level than the ALT and to make recommendations about the Project to the Participants.

More Definitions of Executive Review

Executive Review shall refer to the dispute resolution process which shall be conducted as follows: within fifteen (15) days of any party's request for Executive Review, each such party shall have designated an executive-level employee of such party and such designated executive shall have met, either in person or via telephone, with the other party's executive-level designee to attempt to resolve such dispute. If said executive- level designees are unable to resolve the dispute within ten (10) business days of their first telephone or in-person meeting pursuant to this paragraph, either party may request that the dispute be referred to a second level of Executive Review. Within ten (10) days of any party's request for such second level of Executive Review, the Chief Executive Officers of both parties hereto shall meet, in person or via telephone, to attempt to settle such dispute. Notwithstanding anything in this Agreement to the contrary, should either party feel the dispute cannot be amicably resolved after having negotiated in good faith to resolve such dispute pursuant to the foregoing provisions of this Section XI, such party shall have the right to terminate such negotiations. Nothing in this Section XI shall require either party to engage in negotiations to resolve a dispute for a period of more than forty-five (45) days.

Executive Review means the review described in Paragraph 2.4 of Schedule 8.1 (Governance).

Executive Review. Any dispute arising under this Agreement that cannot be resolved in accordance with Section 18.1 shall be considered in person or by telephone by the executives of each Party specified in the immediately succeeding sentence [***]* of receipt of Dispute Notice from either Party pursuant to Section 18.1; provided, however, it is not mandatory that a dispute relating to Section 16.0 be resolved in accordance with this Section. The executives considering any dispute pursuant to this Section 18.2 shall be (a) with respect to Customer, (1) [***]* and (2) [***]* and (b) with respect to Service Provider, [***]*. Unless such executives of the Parties otherwise agree, either Party may pursue its rights and remedies under Section 18.3 after the occurrence of such meeting or telephone conversation or the passage of [***]* after the receipt of a Dispute Notice from either Party (as confirmed by the Party that sent such Dispute Notice).

Executive Review shall refer to the dispute resolution process which shall be conducted as follows: within fifteen (15) days of any party's request for Executive Review, each such party shall have designated an executive-level employee of such party and such designated executive shall have met, either in person or via telephone, with the other party's executive-level designee to attempt to resolve such dispute. If said executive-level designees are unable to resolve the dispute within ten (10) business days of their first telephone or in-person meeting pursuant to this paragraph, either party may request that the dispute be referred to a second level of Executive Review. Within ten (10) days of any party's request for such second level of Executive Review, the Chief Executive Officers of both parties hereto shall meet, in person or via telephone, to attempt to settle such dispute. Notwithstanding anything in this Agreement to the contrary, should either party feel the dispute cannot be amicably resolved after having negotiated in good faith to resolve such dispute pursuant to the foregoing provisions of this Section, such party shall have the right to terminate such negotiations. Nothing in this Section shall require either party to engage in negotiations to resolve a dispute for a period of more than forty-five (45) days. If the matter has not been resolved pursuant to the aforesaid Executive Review procedure within forty-five (45) days of the commencement of such procedure (which period may be extended by mutual agreement), the controversy shall be settled by arbitration in accordance with the American Arbitration Association. (the "Association) under the Commercial Arbitration Rules of the Association there in effect, by an arbitrator knowledgeable in the computer area. The arbitrator shall be selected by mutual agreement of MPOWER and Customer. If MPOWER and Customer can not agree upon an arbitrator, an arbitrator shall be appointed by the Court with jurisdiction over the dispute. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. Sec. 1-16, and judgment upon the award by the arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be in the jurisdiction in which the principal place of business of the party not filing arbitration is located (i.e., Albuquerque, New Mexico for MPOWER and King County, Washington for Customer). Each party shall pay its own costs and expenses.

Executive Review has the meaning set forth in Section 7.09(a).

Executive Review has the meaning set forth for such term in Section 29(a).