Dispute Notice and Response. Except as otherwise provided herein, any dispute, claim or controversy (individually and collectively, a “Dispute”) arising under or relating to this Agreement (or any Engagement Letter) which has not been resolved during the ordinary course of business between the Parties shall be resolved by such Party providing to the other Party written notice (a “Dispute Notice”) setting forth the position of the Party giving such Dispute Notice and a summary of arguments supporting such position, as well as the name and title of such Party’s Designated Representative. Within fifteen (15) calendar days after delivery of the Dispute Notice, the Party who received the Dispute Notice shall submit to the other Party a written response (the “Response”) setting forth the position of the Party responding to such Dispute Notice and a summary of arguments supporting such position, as well as the name and title of such Party’s Designated Representative. Within fifteen (15) calendar days after the delivery of the Response, the Designated Representatives of both Parties shall meet at a mutually acceptable location and time, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute through good faith negotiation. The Parties shall cooperate in good faith with respect to any reasonable requests for exchanges of information regarding the Dispute or a Response thereto.
Dispute Notice and Response. A party hereto may give another party hereto written notice (a “Dispute Notice”) of any Dispute which has not been resolved in the normal course of business. Within fifteen Business Days after delivery of the Dispute Notice, the receiving party shall submit to the other party a written response (the “Response”). The Dispute Notice and the Response shall each include a statement setting forth the position of the party giving such notice, a summary of the arguments supporting such position and, if applicable, the relief sought.
Dispute Notice and Response. Either Member may give the other Member written notice (a “Dispute Notice”) of any Dispute which has not been resolved in the normal course of business. Within fifteen Business Days after delivery of the Dispute Notice, the receiving Member shall submit to the other Member a written response (the “Response”). The Dispute Notice and the Response shall each include (i) a statement setting forth the position of the Member giving such notice, a summary of the arguments supporting such position and, if applicable, the relief sought and (ii) the name and title of a senior manager of such Member who has authority to settle the Dispute and will be responsible for the negotiations related to the settlement of the Dispute (the “Senior Manager”).
Dispute Notice and Response. A party may give another party written notice (a “Dispute Notice”) of any Dispute which has not been resolved in the normal course of business. Within five Business Days after delivery of the Dispute Notice, the receiving party shall submit to the other party a written response (the “Response”). The Dispute Notice and the Response shall each include (i) a statement setting forth the position of the party giving such notice, a summary of the arguments supporting such position and, if applicable, the relief sought and (ii) in the event that the Dispute Notice is delivered at or after the Closing, the name and title of a senior manager of such party who has authority to settle the Dispute and will be responsible for the negotiations related to the settlement of the Dispute (the “Senior Manager”).
Dispute Notice and Response. If any dispute or difference of any kind whatsoever shall arise between the parties in connection with, arising out of or relating to this Agreement (including any schedule or exhibit hereto), or the breach, termination or validity thereof (a "Dispute"), the parties shall attempt to settle such Dispute in the first instance by mutual discussions. Within ten (10) business days of the receipt by a party of a notice of the existence of a Dispute ("Notice"), the receiving party shall submit a written response to the other party ("Response"). Both the Notice and the Response shall include (i) a statement of each party's position with regard to the Dispute and a summary of arguments supporting that position; and (ii) the name and title of the senior executive who will represent that party in attempting to resolve the Dispute pursuant to this Section 12.2. Within five (5) business days of receipt of the Response, the designated executives shall meet and attempt to resolve the Dispute. All negotiations pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations, and no oral or documentary representations made by the parties during such negotiations shall be admissible for any purpose in any subsequent proceedings. If any Dispute is not resolved for any reason within twenty (20) days of receipt of the Response (or within such longer period as to which the parties have agreed in writing), then, on the request of any party the Dispute shall be submitted to arbitration in accordance with Sections 12.2-12.5 herein.
Dispute Notice and Response. The Dispute Resolution Procedure may be commenced by either party (the “Initiating Party”) by giving notice to the other party (the “Dispute Notice”) briefly setting out the pertinent facts, the remedy or relief sought and the grounds on which such remedy or relief is sought. Within 5 Business Days of receiving a Dispute Notice, the party that received the Dispute Notice (the “Receiving Party”) will provide a response to the Dispute Notice (the “Response”) to the Initiating Party briefly setting out the Receiving Party’s views of the pertinent facts, the remedy or relief sought by the Receiving Party and the grounds on which such remedy or relief is sought by the Receiving Party.
Dispute Notice and Response. If the Parties are unable to resolve a Dispute at the lowest level of management pursuant to Section 2.1, either Party (the “Initiating Party”) may give a written notice to the other Party (the “Dispute Notice”) briefly setting out the nature of the Dispute, the remedy or relief sought and the grounds on which such remedy or relief is sought. Within five Business Days of receiving a Dispute Notice, the Party that received the Dispute Notice (the “Receiving Party”) will provide a response to the Dispute Notice (the “Response”) to the Initiating Party briefly setting out the Receiving Party’s response to the Dispute, including the remedy or relief sought by the Receiving Party and the grounds on which such remedy or relief is sought by the Receiving Party.
Dispute Notice and Response. A party may give another party written notice (a "Dispute Notice") of any Dispute which has not been resolved in the normal course of business. Within 15 Business Days (as defined below) after delivery of the Dispute Notice, the receiving party shall submit to the other party a written response (the "Response"). The Dispute Notice and the Response shall each include (A) a statement setting forth the position of the party giving such notice, a summary of the arguments supporting such position and, if applicable, the relief sought and (B) the name and title of a senior manager of such party who has authority to settle the Dispute and will be responsible for the negotiations related to the settlement of the Dispute (the "Senior Manager"). For purposes of this Section 11.09, a "Business Day" shall mean any day that is not a Saturday, Sunday or a holiday on which national banks in New York City, New York or St. Xxxx, Minnesota are closed for business.
Dispute Notice and Response. Any Unitholder may give another Unitholder written notice (a "Dispute Notice") of any Dispute which has not been resolved in the normal course of business. The Dispute Notice will include a statement setting forth the position of the Unitholder giving such notice, a summary of the arguments supporting such position and, if applicable, the relief sought. At the next regular or special meeting of the Board following the delivery of the Dispute Notice, the Board will attempt in good faith to resolve the Dispute. If the Dispute remains unresolved following such meeting, the initiating Unitholder may request in writing to the other Unitholders (a "Vice President Notice") that the Dispute be resolved by officers of the Unitholders (at the Vice President level or above and having experience in the subject matter of the Dispute) pursuant to Section 18.19(b).
Dispute Notice and Response. In the event of a Dispute, a party may provide a written notice to the other party identifying the nature of the Dispute and containing enough information to enable the other party to reasonably understand the facts relevant to the Dispute (Dispute Notice). Within 15 Business Days of receipt of the Dispute Notice, the parties shall meet to seek to negotiate, in good faith, a resolution to the Dispute. In the event that the Dispute remains unresolved after the time period referred to in clause (b), either party may, at any time after giving notice to the other party of its intention to do so, refer the Dispute for arbitration in accordance with clause Error: Reference source not found. Arbitration An arbitration under this clause 37 shall: be conducted by a single arbitrator to be appointed, in the absence of agreement by the parties within 5 Business Days after the giving of a notice under clause (c), by the Chairperson (or his or her nominee) for the time being of the dispute resolution organisation known as the Resolution Institute; be conducted according to the rules proposed by the appointed arbitrator; and be conducted during a period of 10 Business Days (or such longer period as the parties may agree in writing) from the acceptance by the arbitrator of his or her appointment. Resolution and interlocutory relief The parties shall each pay their own costs of the arbitration and will each pay half of the arbitrator’s fees and costs. If the parties are unable to resolve the Dispute within the arbitration period stipulated in, or agreed under, clause (c), either party may take whatever other action is available to it under this agreement or at Law, including initiating proceedings in a court of competent jurisdiction. Nothing in this clause 37 precludes a party from seeking interlocutory relief relative to the subject matter of a Dispute from a court of competent jurisdiction, including the right to seek injunctive relief. To avoid doubt, nothing in this clause 37 affects or limits a party’s right to apply for an adjudication under the Security of Payment Act. General Legal costs Except as expressly stated otherwise in this agreement, each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under this agreement. Review and approval Without limiting clause 13.3, the Consultant agrees that no review (or failure to review), approval, statement of satisfaction or comment by or on behalf...
