Common use of Negotiation Between Executives Clause in Contracts

Negotiation Between Executives. With the exception of disputes relating to (i) a Settlement Amount or adjustment thereto, or (ii) the calculation of the Buyer’s Exposure or the Market Exposure, the Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement 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 contract. Any Party may give the other Party written notice of any dispute not resolved in the normal course of business. Such notice shall include: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will be representing that Party and of any other person who will accompany the executive (“Initial Notice”). Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that 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 fifteen (15) Days after delivery of the Initial Notice, the executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. With the exception of disputes relating to (i) a Settlement Amount or adjustment thereto, or (ii) the calculation of the Buyer’s Exposure or the Market Exposure, the Parties The parties involved in any Dispute shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement such Dispute between them promptly by negotiation between executives who have authority to settle the controversy Dispute and who are at a comparable or higher level of management than the persons with direct responsibility for administration who have been involved in the negotiation of this contractAgreement. Any Party party may give the other Party party written notice of any dispute Dispute not resolved in the normal course of business. Such Within fifteen days (or such further time as the parties may agree) after delivery of such notice, the receiving party shall submit to the other a written response. The notice and response shall include: include (a) a statement of that Partyparty’s position and a summary of the arguments supporting that position; and (b) the name and title of the executive who will be representing that Party and of any other person who will accompany the executive (“Initial Notice”). Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that 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 party and of any other person who will accompany the executive. Within fifteen thirty days (15or such further time as the parties may agree) Days after delivery of the Initial Noticeinitial notice, the executives of both Parties the parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honoredDispute. All negotiations pursuant to this clause are shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.

Negotiation Between Executives. With the exception of disputes relating to (i) a Settlement Amount or adjustment thereto, or (ii) the calculation of the Buyer’s Exposure or the Market Exposure, the The Parties involved in any Dispute shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement such Dispute between them promptly by negotiation between executives who have authority to settle the controversy Dispute and who are at a comparable or higher level of management than the persons with direct responsibility for administration Persons who have been involved in the negotiation of this contractAgreement. Any Party may give the other Party written notice of any dispute Dispute not resolved in the normal course of business. Such Within fifteen (15) days (or such further time as the Parties may agree) after delivery of such notice, the receiving party shall submit to the other a written response. The notice and response shall include: include (a) a statement of that Party’s position and a summary of the arguments supporting that position; and (b) the name and title of the executive who will be representing that Party and of any other person who will accompany the executive (“Initial Notice”). Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that 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 fifteen thirty (1530) Days days (or such further time as the Parties may agree) after delivery of the Initial Noticeinitial notice, the executives of both the Parties shall meet at a mutually acceptable time and place, and thereafter continue to meet as often as they reasonably deem necessary, to use their good faith and commercially reasonable efforts to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honoredDispute. All negotiations pursuant to this clause are shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and any documents or information exchanged pursuant to the preceding sentence shall be returned immediately following the earlier of the conclusion of negotiations or the institution of arbitration.