Resolution by Mutual Agreement. Except for actions instituted by either party seeking injunctive relief, any issue or dispute between the parties arising out of or related to this Agreement or its alleged breach shall first be referred to the Chairman of Hyland Software and the President of Recall, for resolution between txxx, xf possible. Hyland Software and Recall may, if they desire, consult outside experxx xx a mutually respected disinterested person for assistance in arriving at a resolution.
Resolution by Mutual Agreement. In the event any dispute, controversy or claim between the Parties arises under this Agreement or is related in any way to this Agreement or the relationship of the Parties hereunder (a “Dispute or Controversy”), including a Dispute or Controversy relating to the effectiveness, validity, interpretation, implementation, termination, cancellation or enforcement of this Agreement, the Parties shall first attempt in good faith to settle and resolve such Dispute or Controversy by mutual agreement in accordance with the terms of this Section 39.29(a). In the event a Dispute or Controversy arises, either Party shall have the right to notify the other Party that it has elected to implement the procedures set forth in this Section 39.29(a). Within fifteen (15) days after delivery of any such notice by one Party to the other Party regarding a Dispute or Controversy, the Parties shall meet at a mutually agreed time and place to attempt, with diligence and in good faith, to resolve and settle the Dispute or Controversy. If a mutual resolution and settlement are not obtained at such meeting, the Parties shall cooperate in a commercially reasonable manner to determine if techniques such as mediation or other techniques of alternate dispute resolution might be useful. If a technique is agreed upon, a specific timetable and completion date for implementation shall also be agreed upon by the Parties. If such technique, timetable or completion date is not agreed upon within thirty (30) days after the notice of the Dispute or Controversy was delivered, or if no resolution is obtained through such alternative technique, or if no such meeting takes place within such fifteen (15)-day period, then, either Party may by notice to the other Party submit the Dispute or Controversy to the Authority, if applicable, in accordance with the provisions of Section 39.29(b) or to an arbitrator in accordance with the provisions of Section 39.29)(c), and upon the receipt of notice of referral to arbitration hereunder, the receiving Party shall be compelled to arbitrate the Dispute or Controversy in accordance with the terms of Section 39.29(c) without regard to the justiciable character or executory nature of such Dispute or Controversy.
Resolution by Mutual Agreement. If Purchaser and Seller mutually agree that a payment should be made from the Deposit Escrow Funds, then Purchaser and Seller shall deliver to Deposit Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Deposit Escrow Agent to deliver to the specified party or parties, the amount of Deposit Escrow Funds as mutually agreed upon by Purchaser and Seller. Such certificate shall state the amount of Deposit Escrow Funds that Deposit Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Deposit Escrow Agent shall deliver the stated amount of Deposit Escrow Funds to the specified party or parties, in accordance with such certificate.
Resolution by Mutual Agreement. Except for actions instituted by either party seeking injunctive relief, any issue or dispute between the parties arising out of or related to this Agreement or its alleged breach shall first be referred to the Chairman of Xxxxxx Software and the President of Recall, for resolution between them, if possible. Xxxxxx Software and Recall may, if they desire, consult outside experts or a mutually respected disinterested person for assistance in arriving at a resolution. (b) Resolution by Mediation. Xxxxxx Software and Recall also may, if they desire, agree to undertake non-binding mediation and may, if they choose, do so in accordance with the commercial mediation rules of the American Arbitration Association ("AAA"), either as written or as modified by mutual agreement. A written agreement to undertake mediation may be made at any time. If arbitration proceedings have been instituted, they shall be stayed until the mediation process is terminated. (c)
Resolution by Mutual Agreement. If Purchaser and the Representative mutually agree to settle an Indemnity Claim, then Purchaser and the Representative shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Indemnity Escrow Principal as mutually agreed upon by Purchaser and the Representative. Such certificate shall state the amount of Indemnity Escrow Principal that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Indemnity Escrow Principal together with Escrow Interest thereon to the specified party or parties, in accordance with such certificate.
Resolution by Mutual Agreement. If Purchaser and the Representative mutually agree to settle a Working Capital Claim, then Purchaser and the Representative shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Working Capital Escrow Principal as mutually agreed upon by Purchaser and the Representative. Such certificate shall state the amount of Working Capital Escrow Principal that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Working Capital Escrow Principal together with Escrow Interest thereon to the specified party or parties, in accordance with such certificate.
Resolution by Mutual Agreement. If Purchaser and the Representative mutually agree to settle a Discontinued Operations Claim, then Purchaser and the Representative shall deliver to Escrow Agent a written certificate in substantially the form of Exhibit D attached hereto, instructing Escrow Agent to deliver to the specified party or parties, the amount of Discontinued Operations Escrow Principal as mutually agreed upon by Purchaser and the Representative. Such certificate shall state the amount of Discontinued Operations Escrow Principal that Escrow Agent shall deliver to each specified party and the date upon which such delivery shall be made. Escrow Agent shall deliver the stated amount of Discontinued Operations Escrow Principal together with Escrow Interest thereon to the specified party or parties, in accordance with such certificate.
Resolution by Mutual Agreement. In the event of any dispute between the Parties to this Agreement, between Collaborating Institutions, or between Collaborating Institution(s) and ALCMI relating to this Agreement or its subject matter, the parties to such dispute shall first seek to amicably resolve or settle the dispute in good faith by mutual agreement. If the parties have not reached a resolution or settlement within thirty (30) days of the receipt of written notice by one party to the other party or parties specifying the nature of the dispute and a request to negotiate a resolution (which period may be extended upon the mutual written consent of the parties), then such party may thereafter submit the dispute to mediation by written notice to the other party or parties.
