Common use of Informal Resolution of Disputes Clause in Contracts

Informal Resolution of Disputes. In the case of any dispute and upon receipt of the billing dispute form each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon Agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreement, either Party may invoke formal dispute resolution procedures or other procedures as appropriate, not earlier than thirty (30) days after the date of the billing dispute form, provided the Party invoking the formal dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 6 contracts

Samples: General Terms and Conditions, Interconnection Agreement, Agreement

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Informal Resolution of Disputes. In the case of any dispute and upon receipt of the billing dispute form Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon Agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreement, either Party may invoke formal dispute resolution Formal Dispute Resolution procedures or other procedures as appropriate, not earlier than thirty one hundred twenty (30120) days after the date of the billing dispute formBilling Dispute Notice, provided the Party invoking the formal dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 5 contracts

Samples: General Terms and Conditions, Interconnection Agreement, Interconnection Agreement

Informal Resolution of Disputes. In the case of any dispute and upon receipt of the billing dispute form Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon Agreementagreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreement, either Party may invoke formal dispute resolution procedures or other procedures as appropriate, not earlier than thirty (30) days after the date of the billing dispute formDispute Notice, provided the Party invoking the formal dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Informal Resolution of Disputes. In the case of any dispute and upon receipt of the billing dispute form each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon Agreementagreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreementagreement, either Party may invoke formal dispute resolution procedures or other procedures as appropriate, not earlier than thirty (30) days after the date of the billing dispute form, provided the Party invoking the formal dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 3 contracts

Samples: Interconnection Agreement, Agreement, Interconnection Agreement

Informal Resolution of Disputes. In Disputes arising under Section 8.3 shall be handled in accordance with Sections 8.3. All other disputes shall be handled in accordance with section 14.1 hereafter. At the case written request of any dispute and upon receipt of the billing dispute form a Party, each Party will appoint a duly authorized representative knowledgeable in telecommunications mattersknowledgeable, responsible representative, empowered to resolve such dispute, to meet and negotiate in good faith to resolve any dispute arising under out of or relating to this Agreement. The Parties intend that these negotiations be conducted by non-lawyer, business representatives. The location, formformat, frequency, duration, and conclusion of these discussions will shall be left to the discretion of the representatives. Upon Agreementagreement, the representatives may, but are not obligated to, may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are these negotiations shall be treated as Confidential Information developed for purposes of settlement, exempt from discovery discovery, and production and will shall not be admissible in the arbitration described below or in any lawsuit without the concurrence of both all Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted andand may, if otherwise discoverable, be discovered or otherwise admissible, may be admitted in evidence evidence, in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreement, either Party may invoke formal dispute resolution procedures or other procedures as appropriate, not earlier than thirty (30) days after the date of the billing dispute form, provided the Party invoking the formal dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 1 contract

Samples: Exchange Agreement (Wave2Wave Communications, Inc.)

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Informal Resolution of Disputes. 9.3.1 In the case of any dispute and upon receipt at the written request of the billing dispute form a Party, each Party will appoint a duly authorized knowledgeable, responsible representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon Agreementagreement, the representatives may, but are not obligated to, may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Partiesparties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreement' agreement, either Party may invoke formal dispute resolution procedures including arbitration or other procedures as appropriate, not earlier than thirty sixty (3060) days after the date of the billing dispute form, provided the Party invoking the formal letter initiating dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Partyunder this paragraph.

Appears in 1 contract

Samples: Interconnection Agreement (Birch Telecom Inc /Mo)

Informal Resolution of Disputes. In the case of any dispute and upon receipt of the billing dispute form Dispute Notice each Party will appoint a duly authorized representative knowledgeable in telecommunications matters, to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon Agreement, the representatives may, but are not obligated to, utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and, if otherwise admissible, may be admitted in evidence in the lawsuit. Unless otherwise provided herein, or upon the Parties’ Agreement, either Party may invoke formal dispute resolution procedures or other procedures as appropriate, not earlier than thirty (30) days after the date of the billing dispute formDispute Notice, provided the Party invoking the formal dispute resolution process has in good faith negotiated, or attempted to negotiate, with the other Party.

Appears in 1 contract

Samples: Interconnection Agreement

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