Common use of Direct Negotiations Clause in Contracts

Direct Negotiations. The Parties hereby represent it to be their intention that all conflicts or uncertainties of an arbitrable nature, with legal relevance, that may arise with regard to the interpretation, performance, compliance, existence, validity, force, or termination of the Contract and any other aspect related to the Contract, shall be settled through direct negotiations between the Parties, within a term of sixty (60) Days, counted as from the date on which one Party informs the other, in writing, of the existence of the conflict or legally relevant uncertainty. The request to initiate the aforementioned direct negotiations shall include a thorough description of the dispute and its grounds, as well as all applicable evidence. In case of international arbitrations, the negotiation period shall be six (6) months. Said term shall be counted as from the date on which the Party invoking this Clause sends a written request to initiate direct negotiations, including detailed information (background, facts, points of dispute, claims, and proposed alternatives for the settlement thereof), to the Ministry of the Economy and Finance, in its capacity as Coordinator of the State Coordination and Response System for International Investment Disputes, by virtue of the provisions established in Law No. 28933 and its regulations, approved by Executive Order No. 125-2008-EF. The deadlines referred to in the preceding paragraphs may be extended at the joint decision of the Parties, which must be expressed in writing.

Appears in 2 contracts

Samples: SGT Concession Contract, SGT Concession Contract

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Direct Negotiations. The Parties hereby represent it to be their intention that all conflicts or uncertainties of an arbitrable nature, with legal relevance, that may arise with regard to the interpretation, performance, compliance, existence, validity, force, or termination of the Contract and any other aspect related to the Contract, shall be settled through direct negotiations between the Parties, within a term of sixty (60) Days, counted as from the date on which one Party informs the other, in writing, of the existence of the conflict or legally relevant uncertainty. The request to initiate the aforementioned direct negotiations shall include a thorough description of the dispute and its grounds, as well as all applicable evidence. In case of international arbitrations, the negotiation period shall be six (6) months. Said term shall be counted as from the date on which the Party invoking this Clause sends a written request to initiate direct negotiations, including detailed information (background, facts, points of dispute, claims, and proposed alternatives for the settlement thereof), to the Ministry of the Economy and Finance, in its capacity as Coordinator of the State Coordination and Response System for International Investment Disputes, by virtue of the provisions established in Law No. 28933 and its regulations, approved by Executive Order No. 125-2008-EF. The deadlines referred to in the preceding paragraphs may be extended at the joint decision of the Parties, which must be expressed in writing. The provisions established in the preceding paragraph shall not apply when the dispute is submitted to the international dispute settlement mechanism referred to in Law No.

Appears in 2 contracts

Samples: SGT Concession Contract, SGT Concession Contract

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