Common use of Complaint Resolution Process Clause in Contracts

Complaint Resolution Process. Should a dispute arise out of this Agreement, the Beneficiary should first contact the Plan Manager to attempt resolution within 60 days of the dispute arising. The Beneficiary and the Plan Manager shall first attempt to resolve it through direct discussions in a spirit of mutual cooperation. The parties hereby establish the following out of court alternate dispute resolution procedure to be followed in the event of certain controversies or disputes involving STABLE or this Agreement that may arise between (a) an Authorized Legal Representative and/or Beneficiary and (b) the Plan Manager, the Investment Advisor, the Investment Manager, and the Custodian, or their respective affiliates, officers, directors, employees and agents (collectively, the “Plan Parties”). If a dispute develops between an Authorized Legal Representative and the Plan Parties or between the Beneficiary and the Plan Parties related to the Beneficiary’s STABLE Account transactions or other administrative matters involving a STABLE Account, then the parties will submit to non binding mediation to address the dispute. The parties will mutually determine the location, date, duration, and process for any such mediation effort and be bound by the terms and conditions as set forth in any settlement agreement that is executed following the mediation. Adjudication of any controversies between a Beneficiary and the Plan Parties that cannot be resolved through the mediation process described above shall be heard in a court of law. Some controversies between the parties may involve claims that are owned by the Plan or the Treasurer and can only be brought by the Treasurer. This provision is not intended to cover such claims.