Common use of Determination Process Clause in Contracts

Determination Process. Within seven (7) days following the end of each Performance Period, Partner will provide Google with a Performance Commitment Notice in writing (email sufficient) to Google main contact person, account manager. Each Performance Commitment Notice set forth at Exhibit D will include information sufficient for Google to determine whether the Partner Entities have met the Performance Commitments under this Agreement. In the event that Google reasonably disagrees with Partner’s determination set forth in a Performance Commitment Notice, it will so notify Partner within thirty (30) days following the end of each Performance Period (each such notification, a “Performance Commitment Disagreement Notice”), and the Parties will promptly negotiate in good faith to resolve the dispute. In the event Google does not notify Partner within thirty (30) days following receipt of a Performance Commitment Notice, it will be deemed to have accepted Partner’s determination set forth in that Performance Commitment Notice. In the event that a disagreement under this Section 4.2 is not resolved by the end of the twentieth (20th) day following the delivery of the Performance Commitment Disagreement Notice (each a “Disagreement”), then each Party will escalate the Disagreement to an appropriate executive level representative (the “Executive Contacts”) for resolution. After such escalation, the Executive Contacts will meet in person or by phone and attempt in good faith to resolve such Disagreement.

Determination Process. Within seven (7) days following the end of each Performance Period, Partner will wifi provide Google with a Performance Commitment Notice in writing (email sufficient) to Google main contact person, account manager. Each Performance Commitment Notice set forth at Exhibit D will include information sufficient for Google to determine whether the Partner Entities have met the Performance Commitments under this Agreement. Agreement In the event that Google reasonably disagrees with Partner’s determination set forth in a Performance Commitment Notice, it will so notify Partner within thirty (30) days following the end of each Performance Period (each such notification, a “‘Performance Commitment Disagreement Notice”), and the Parties will promptly negotiate in good faith to resolve the dispute. In the event Google does not notify Partner within thirty (30) days following receipt of a Performance Commitment Notice, it will be deemed to have accepted Partner’s determination set forth in that Performance Commitment Notice. In the event that a disagreement under this Section 4.2 is not resolved by the end of the twentieth (20th) day following the delivery of the Performance Commitment Disagreement Notice (each a “Disagreement”), then each Party will escalate the Disagreement to an appropriate executive level representative (the “’ Executive Contacts”) for resolution. After such escalation, the Executive Contacts will meet in person or by phone and attempt in good faith to resolve such Disagreement.