Resolution Between the Parties. If the Sellers’ Representative (or, in the case of a §9.2(b) Claim, the applicable Seller) delivers a Response Notice to the Indemnitee during the Dispute Period indicating that there is a Contested Amount, the Sellers’ Representative (or, in the case of a §9.2(b) Claim, the applicable Seller) and the Indemnitee shall attempt in good faith to resolve the dispute related to the Contested Amount. Each offer by an Indemnitee to settle a dispute related to a Contested Amount with respect to a §9.2(a) Claim shall be made to the Sellers’ Representative in its capacity as representative of all Sellers (in accordance with their respective Pro Rata Portions). If the Indemnitee and the Sellers’ Representative (or, in the case of a §9.2(b) Claim, the applicable Seller) resolve such dispute, then their resolution of such dispute shall be binding on the Sellers (or, in the case of a §9.2(b) Claim, the applicable Seller) and such Indemnitee, and a settlement agreement stipulating the amount owed to the Indemnitee (the “Stipulated Amount”) shall be signed by the Indemnitee and the Sellers’ Representative (on behalf of the Sellers) (or, in the case of a §9.2(b) Claim, the applicable Seller). In the case of a §9.2(a) Claim, Purchaser and the Sellers’ Representative shall, following the execution of such settlement agreement, instruct the Escrow Agent to pay the Stipulated Amount to the Indemnitee from the Escrow Fund in accordance with this Section 9.6 and the Escrow Agreement. If the Remaining Available Escrow Amount is insufficient to cover the full Stipulated Amount, then, subject to the limitations provided for in Section 9.3(d), each Seller shall, within 10 Business Days following the execution of such settlement agreement (or such shorter period of time as may be set forth in the settlement agreement), pay such Seller’s Pro Rata Portion of the amount of such shortfall to the Indemnitee. In the case of a §9.2(b) Claim, the applicable Seller shall, within 10 Business Days following the execution of such settlement agreement, or such shorter period of time as may be set forth in the settlement agreement, pay the Stipulated Amount to the Indemnitee. (f)
Resolution Between the Parties. The Parties will attempt in good faith to resolve any claim, dispute or other matter in question arising out of or relating to this Agreement (“Dispute”) promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Either Party may give the other Party written notice of any Dispute not resolved in the normal course of business. Within fifteen (15) calendar days after delivery of the notice, the receiving Party will submit to the other a written response. The notice and response will include with reasonable particularity (a) a statement of each Party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within thirty (30) calendar days after delivery of the notice, the executives of both Parties will meet at a mutually acceptable time and place.
Resolution Between the Parties. In the first instance the employee should raise concerns with their manager with the intention that the manager and employee will attempt to resolve their differences by direct resolution, including as deemed appropriate using a facilitated process to support the manager and employee to agree a sustainable solution to the issue. The manager will provide reasons for the allocation and discuss how consistent it is with the workload model and the equitable distribution of the workload with the unit or area. The employee may request in writing a worksheet comparing the employee’s workload allocation in percentage time with other staff. If the employee genuinely believes on reasonable grounds that their health and safety is, or is reasonably likely to be impaired by the workload issues they are concerned about, the employee may use the University’s Incident and Hazard Reporting System in MasseySAFE to raise their concern and the matter will be subject to the usual incident investigation process, which is a no-blame process. Following any such process, the findings and any recommendations will be referred to the manager and employee to inform their joint resolution of the issues.
Resolution Between the Parties. The parties will attempt to resolve their differences by direct resolution or through the assistance of a mediator. The mediator will be mutually agreed upon by the parties to the dispute, and where necessary will be provided by the University.
Resolution Between the Parties. If the Holder Representatives deliver a Response Notice indicating that there is a Contested Amount, the Holder Representatives and the Purchaser shall attempt in good faith to resolve the dispute related to the Contested Amount. If the Purchaser and the Holder Representatives resolve such dispute, such resolution shall be binding on the Holder Representatives, the Participating Rights Holders and the Purchaser and a settlement agreement stipulating the amount owed to the Purchaser or Purchaser Indemnitee (the “Stipulated Amount”) shall be signed by such Purchaser and the Holder Representatives. In the case of an Escrow Claim, Purchaser and the Holder Representatives shall, within three business days following the execution of such settlement agreement, jointly execute and deliver to the Escrow Agent a written notice instructing the Escrow Agent to pay the Stipulated Amount to the Purchaser Indemnitee from the Escrow Fund. In the case of a Direct Claim, the Participating Rights Holders shall, subject to the provisions set forth in Section 11.02(f), within 20 days following the execution of such settlement agreement, pay the Stipulated Amount to the Purchaser Indemnitee.
Resolution Between the Parties. If the Addressee delivers a Response Notice indicating that there is a Contested Amount, the respective Shareholder Representative, or, in case of a dispute between Purchaser and specific Selling Shareholders, such specific Selling Shareholders, and the Purchaser shall attempt in good faith to resolve the dispute related to the Contested Amount. If the Purchaser and the respective Shareholders Representative or such Selling Shareholder, as applicable, resolve such dispute, such resolution shall be binding on the respective Shareholders Representative, the respective Selling Shareholders and the Purchaser and a settlement agreement stipulating the amount owed to the Indemnified Parties (the "Stipulated Amount") shall be signed by Purchaser and the respective Shareholders Representative or Selling Shareholder, as applicable, and the Stipulated Amount shall be disbursed pursuant to the terms of Section 10.04(c) as if such amount was an Agreed Amount.
Resolution Between the Parties. If the Holder Representative delivers to the Purchaser Indemnified Party a Response Notice indicating that there is a Contested Amount, the Holder Representative and Purchaser Indemnified Party shall attempt in good faith to resolve the dispute related to the Contested Amount. If Purchaser Indemnified Party and the Holder Representative resolve such dispute, such resolution shall be binding and a settlement agreement stipulating the amount owed to the Purchaser Indemnified Parties (the “Stipulated Amount”), shall be signed by Purchaser and the Holder Representative, and (i) during the Escrow Period, the Holder Representative shall notify the Escrow Agent thereof, or (ii) after expiration of the Escrow Period Indemnifying Persons shall within fifteen (15) calendar days following the execution of such settlement agreement pay the Stipulated Amount to the Purchaser Indemnified Parties. If the Holder Representative and Purchaser are unable to resolve the dispute related to the Contested Amount, each of the Holder Representative or the Purchaser may initiate a dispute resolution process (including for the release of funds from the Escrow Fund), and refer to the dispute for arbitration in accordance with Section Section 12.06.
Resolution Between the Parties. If the Securityholder Representative delivers to the Indemnified Party a Response Notice indicating that there is a Contested Amount, the Securityholder Representative and the Indemnified Party shall attempt in good faith to resolve the dispute related to the Contested Amount. If the Indemnified Party, the Securityholder Representative and Buyer resolve such dispute, such resolution shall be binding and a settlement agreement stipulating the amount owed to the Indemnified Parties (the “Stipulated Amount”) shall be signed by Buyer and the Securityholder Representative, and (i) to the extent the Stipulated Amount is to be paid from the General Escrow Amount under Section 9.4(d), the Securityholder Representative and Buyer shall notify the Escrow Agent thereof or (ii) to the extent that the amount in the General Escrow Account is insufficient to cover such Stipulated Amount and/or such amount is to be paid directly by the Indemnifying Parties under Section 9.4(d), the Indemnifying Parties shall within fifteen (15) Business Days following the execution of such settlement agreement pay the Stipulated Amount to the Indemnified Parties in accordance with Section 9.4(d). If the Securityholder Representative and Buyer are unable to resolve the dispute related to the Contested Amount, each of the Securityholder Representative or Buyer may pursue any and all legal or equitable remedies available to them under this Agreement and applicable Law.
Resolution Between the Parties. If the Company delivers a Response Notice to the Indemnitee during the Dispute Period indicating that there is a Contested Amount, the Company and the Indemnitee shall attempt in good faith to resolve the dispute related to the Contested Amount. If the Indemnitee and the Company resolve such dispute, then their resolution of such dispute shall be binding on the Company and such Indemnitee, and a settlement agreement stipulating the amount owed to the Indemnitee (the “Stipulated Amount”) shall be signed by the Indemnitee and the Company. The Company shall, within 10 Business Days following the execution of such settlement agreement (or such shorter period of time as may be set forth in the settlement agreement), pay the Stipulated Amount to the Indemnitee. (f)
Resolution Between the Parties. It is hereby agreed by and between the parties hereto should a dispute develop regarding this Agreement that each party will first engage in reasonable and good faith efforts to peacefully resolve said dispute before resorting to formal action.
