Negotiation Between Executives. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives of Seller and executives of Purchaser. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party’s position, and (b) the name and title of the executive who will represent the party during negotiations. Within thirty (30) days after delivery of the disputing party’s notice, the representatives of Seller and Purchaser 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. If the matter has not been resolved by these persons within sixty (60) days of the disputing party’s notice, or if the parties fail to meet within thirty (30) days, either party may initiate mediation as provided hereinafter. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules of Evidence.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Jones Energy, Inc.), Asset Purchase Agreement (Jones Energy, Inc.)
Negotiation Between Executives. (a) The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives of the Seller and executives of PurchaserBuyer who, if possible, shall be at a higher management level than the individuals with direct responsibility for administration of this Agreement (the “ Negotiators ”). Any party may give the other party parties written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, the receiving party shall submit to the other others a written response. The notice and response shall include (ai) a statement of each party’s position and a summary of arguments supporting that position, and (bii) the name and title of the executive Negotiators and of any other person who will represent the party during negotiationsaccompany them. Within thirty (30) 30 days after delivery of the disputing party’s notice, the representatives of Seller and Purchaser Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other others will be honored. .
(b) If the matter has not been resolved by these persons within sixty (60) 60 days of the disputing party’s notice, or if the parties fail to meet within thirty (30) 30 days, either any party may initiate mediation as provided hereinafter. below.
(c) All negotiations pursuant to this clause are shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules state rules of Evidenceevidence.
Appears in 1 contract
Sources: Asset Purchase Agreement (Alliance Data Systems Corp)
Negotiation Between Executives. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives the appointed representative of the Seller and executives of PurchaserBuyer who, if possible, are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include include, (a) a statement of each party’s 's position, and (b) the name and title of the executive who will represent accompany the party during negotiationsrepresentative. Within thirty (30) 30 days after delivery of the disputing party’s 's notice, the representatives of Seller and Purchaser Buyer 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. .
10.2.1 If the matter has not been resolved by these persons within sixty (60) 60 days of the disputing party’s 's notice, or if the parties fail to meet within thirty (30) 30 days, either party may initiate mediation as provided hereinafter. .
10.2.2 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules any applicable federal or state rules of Evidence and State Rules of Evidenceevidence.
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Negotiation Between Executives. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives of Seller and executives Purchaser who, if practicable, are at a higher level of Purchasermanagement than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party’s 's position, and (b) the name and title of the executive who will represent accompany the party during negotiationsrepresentative. Within thirty (30) 30 days after delivery of the disputing party’s 's notice, the representatives executives of Purchaser and Seller and Purchaser shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. .
12.2.1 If the matter has not been resolved by these persons within sixty (60) 60 days of the disputing party’s 's notice, or if the parties fail to meet within thirty (30) 30 days, either party may initiate mediation as provided hereinafter. .
12.2.2 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules rules of Evidenceevidence.
Appears in 1 contract
Sources: Agreement of Purchase and Sale of Assets and Stock (Binks Sames Corp)
Negotiation Between Executives. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives the appointed representatives of the Seller and executives of the Purchaser. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen ten (1510) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party’s 's position, and (b) the name and title of the executive who will represent accompany the party during negotiationsrepresentative. Within thirty twenty (3020) days after delivery of the disputing party’s 's notice, the representatives of Seller and the Purchaser 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. .
(a) If the matter has not been resolved by these persons within sixty thirty (6030) days of the disputing party’s 's notice, or if the parties fail to meet within thirty twenty (3020) days, either party may initiate mediation as provided hereinafter. .
(b) All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules state rules of Evidenceevidence.
Appears in 1 contract