Dispute Resolution; Governing Law. (a) Except as provided in Section 13.6, in the event a dispute, controversy or claim arises hereunder, including any claim whether in contract, tort (including negligence), strict product liability or otherwise, the aggrieved Party will promptly provide written notification of the dispute to the other Party within ten (10) days after such dispute arises. Thereafter, a meeting shall be held promptly between the Parties, attended by representatives of the Parties with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one (21) days of such meeting, then, subject to the limitations on remedies set forth in Section 12.3 and Section 12.4 and ARTICLE XIII, either Party may pursue whatever rights it has available under this Agreement, at law or in equity in accordance with Section 14.6 herein.
Appears in 6 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Dispute Resolution; Governing Law. (a) Except as provided in Section 13.6, in In the event a dispute, controversy or claim arises hereunder, including any claim whether in contract, tort (including negligence), strict product liability or otherwise, the aggrieved Party will promptly provide written notification of the dispute to the other Party within ten (10) days after such dispute arises. Thereafter, a meeting shall be held promptly between the Parties, attended by representatives of the Parties with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one (21) days of such meetingdays, then, subject to the limitations on remedies set forth in Section 12.3 4.1 and Section 12.4 and ARTICLE XIIIArticle 7, either Party may pursue whatever rights it has available under this Agreement, at law or in equity in accordance with Section 14.6 hereinequity.
Appears in 6 contracts
Samples: And Maintenance Agreement (Bloom Energy Corp), And Maintenance Agreement (Bloom Energy Corp), And Maintenance Agreement (Bloom Energy Corp)
Dispute Resolution; Governing Law. (a) Except as provided in Section 13.6, in In the event a dispute, controversy or claim arises hereunder, including any claim whether in contract, tort (including negligence), strict product liability or otherwise, the aggrieved Party will promptly provide written notification of the dispute to the other Party within ten (10) days after such dispute arises. Thereafter, a meeting shall be held promptly between the Parties, attended by representatives of the Parties with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one (21) days of such meeting21 days, then, subject to the limitations on remedies set forth in Section 12.3 9.3 and Section 12.4 9.4 and ARTICLE XIIIX, either Party may pursue whatever rights it has available under this Agreement, at law or in equity in accordance with Section 14.6 hereinequity.
Appears in 4 contracts
Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)
Dispute Resolution; Governing Law. (a) Except as provided in Section 13.6, in In the event a dispute, controversy or claim arises hereunder, including any claim whether in contract, tort (including negligence), strict product liability or otherwise, the aggrieved Party will promptly provide written notification of the dispute to the other Party within ten (10) days after such dispute arises. Thereafter, a meeting shall be held promptly between the Parties, attended by representatives of the Parties with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one (21) days of such meeting, then, subject to the limitations on remedies set forth in Section 12.3 and Section 12.4 and ARTICLE XIII, either Party may pursue whatever rights it has available under this Agreement, at law or in equity in accordance with Section 14.6 herein.. [***] Confidential Treatment Requested
Appears in 2 contracts
Samples: Master Energy Server Purchase (Bloom Energy Corp), Master Energy Server Purchase (Bloom Energy Corp)
Dispute Resolution; Governing Law. (a) Except as provided in Section 13.6, in In the event a dispute, controversy or claim arises hereunder, including any claim whether in contract, tort (including negligence), strict product liability or otherwise, the aggrieved Party will promptly provide written notification of the dispute to the other Party within ten (10) [***] days after such dispute arises. Thereafter, a meeting shall be held promptly between the Parties, attended by representatives of the Parties with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If the Parties are not successful in resolving a dispute within twenty-one (21) days of such meeting[***] days, then, subject to the limitations on remedies set forth in Section 12.3 9.3 and Section 12.4 9.4 and ARTICLE XIIIX, either Party may pursue whatever rights it has available under this Agreement, at law or in equity in accordance with Section 14.6 hereinequity.
Appears in 2 contracts
Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)