Good faith negotiation definition

Good faith negotiation means to deal honestly and fairly with the other party throughout the negotiation process whether or not the negotiation results in a contract.
Good faith negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation. • Mediation: If private negotiation fails, the parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted first to a mediator to be agreed on by both parties. If the parties cannot agree on a mediator, each party shall select one name from a list of mediators maintained by any bona fide dispute resolution provider; the two selected shall then choose a third person who will serve as mediator. The parties agree that any mediated settlement may be converted into an arbitration award or judgment (or both) and enforced according to the governing rules of civil procedure. • Arbitration: If the matter is not resolved through mediation, then it shall be submitted to an arbitrator agreed upon by both parties for final and binding arbitration. If the parties cannot agree on an arbitrator, the person who served as the mediator shall select the arbitrator from a list maintained by any bona fide dispute resolution provider. The arbitrator’s award shall be final, binding, and may be converted to a judgment by a court of competent jurisdiction upon application by either party. • Costs: The parties agree to share any mediator and arbitrator’s fees equally. Author Legal Name: Author Pen Name (if different): Signature: Date:
Good faith negotiation means to deal honestly and fairly with the other so that each party receives the benefits of the negotiated contract while achieving the deepest level of affordability and the greatest number of units at the completion of the negotiation.

Examples of Good faith negotiation in a sentence

  • Good faith negotiation prior to issuing a jurisdictional offer is not merely a technical obliga- tion, but rather, is a fundamental, statutory requirement necessary to validly com- mence condemnation and confer jurisdiction on the condemnation commission and the courts.

  • Good faith negotiation necessarily implies mutual cooperation between the negotiating parties and may include, but is not limited to, the right to terminate contractual agreements, the ability to modify negotiated rates, pricing, or units of service, the ability to alter payment methodologies, and the ability to enforce existing managed care techniques or to implement new managed care techniques.

  • Good faith negotiation necessarily implies mutual cooperation between the negotiating parties and may include, but is not limited to, the right to terminate contractual agreements; the ability to modify negotiated rates, pricing, or units of service; the ability to alter payment methodologies; and the ability to enforce existing managed care techniques or to implement new managed care techniques.

  • Good faith negotiation and mediation are express conditions precedent to the filing of any legal action.

  • Good faith negotiation and repayment plans concerning any past due tax liability or failure to make payments pursuant to a repayment plan negotiated with a creditor or governmental tax agency.

  • Generate in parallel with the Company, who will make reasonable effort to accommodate operationally to the Producer’s facility.2. Good faith negotiation with the Company.3. Bring complaint or dispute to the Commission for mediation, hearing or other resolution.MODIFICATIONS:The Purchase Agreement, Purchase Rate Schedules and Standard Terms and Conditions of Purchase may be changed from time to time during the Term, as approved by the Commission.

  • If a clause is included in the mas- ter instrument (e.g., in an indefinite delivery/indefinite quantity contract or a blanket purchase agreement), it is not necessary to also include the clause in a task order or delivery order thereunder.

  • Good faith negotiation differentiates a consensus- seeking decision rule from an end-run to a majority or supermajority vote.

  • Due to the large size difference between cell and virion, the cell membrane is approximated as a flat surface.

  • Good faith negotiation The Port Operator will negotiate with an Applicant for the provision of access to Port Terminal Services in good faith in accordance with this Undertaking.


More Definitions of Good faith negotiation

Good faith negotiation. The Parties will negotiate in good faith their collaborative efforts on mutually acceptable terms. Each Party will bear its own expenses associated with such negotiations.
Good faith negotiation means to deal honestly and fairly with the other party throughout the negotiation process whether or not the negotiation results in a contract. For specific documentation requirements, see Section 202(a).
Good faith negotiation means a sincere and honest attempt by both parties to resolve disputes or disagreements through discussion and compromise, without resorting to legal action.

Related to Good faith negotiation

  • Good Faith Effort means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement.

  • Good Faith Efforts means actions undertaken by a bidder or contractor to achieve a Contract Specific Goal that the CPO or his or her designee has determined, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program’s requirements.

  • good faith means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations;

  • Good Faith Contest means the contest of an item as to which: (a) such item is contested in good faith, by appropriate proceedings, (b) reserves that are adequate are established with respect to such contested item in accordance with GAAP and (c) the failure to pay or comply with such contested item during the period of such contest is not reasonably likely to result in a Material Adverse Effect.

  • Bad Faith means, with respect to any determination, action or omission, of any Person, board or committee, that such Person, board or committee reached such determination, or engaged in or failed to engage in such act or omission, with the belief that such determination, action or omission was adverse to the interest of the Partnership.

  • Negotiation means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.

  • Competitive negotiation means a procedure for contracting for supplies, materials, equipment or contractual services, in which proposals are solicited from qualified suppliers by a request for proposals, and changes may be negotiated in proposals and prices after being submitted.

  • Consultation means the good faith attempt by the Depositary to discuss, if practicable, the relevant issue in a timely manner with a person employed by the Company reasonably believed by the Depositary to be empowered by the Company to engage in such discussion on behalf of the Company.

  • Invitation to Negotiate means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.

  • Initial Negotiation End Date has the meaning set forth in Section 12.2(a).

  • Negotiations means meeting and conferring in good faith by a local board of trustees and the authorized local education organization, or the respective designated representative of both parties for the purpose of reaching an agreement, upon matters and conditions subject to negotiations as specified in a negotiation agreement between said parties.

  • Negotiation Period has the meaning given in Clause 5.10;

  • Negotiate means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.

  • Good means all of the equipment, machinery, and/or other materials that the supplier is required to supply to the purchaser under the contract.

  • Licensed Professional Engineer means a person acceptable to Buyer in its reasonable judgment who (a) is licensed to practice engineering in California, (b) has training and experience in the power industry specific to the technology of the Project, (c) has no economic relationship, association, or nexus with Seller or Buyer, other than to meet the obligations of Seller pursuant to this Agreement, (d) is not a representative of a consultant, engineer, contractor, designer or other individual involved in the development of the Project or of a manufacturer or supplier of any equipment installed at the Project, and (e) is licensed in an appropriate engineering discipline for the required certification being made.

  • Maximum extent practicable means the highest level of performance that is achievable but is not equivalent to a performance standard identified in this ordinance as determined in accordance with S. 055 of this ordinance.

  • Independent professional advice means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser.

  • Uniform Standards of Professional Appraisal Practice means the current standards of the appraisal profession, developed for appraisers and users of appraisal services by the Appraisal Standards Board of the Appraisal Foundation.

  • Co-Lead Counsel means the law firms of Xxxxxxxxx Litowitz Xxxxxx & Xxxxxxxxx LLP and Bleichmar Xxxxx & Auld LLP.

  • Licensed professional means a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. For purposes of these Standards and Specifications a licensed professional is one that is certified by DPOR as an Architect, Professional Engineer, Land Surveyor, or Landscape Architects.

  • Contest shall have the meaning set forth in Section 25.03.