Common use of Direct Negotiation Clause in Contracts

Direct Negotiation. First, the Party making a Claim shall provide notice thereof to the Party against which such Claim is asserted pursuant to Section 9.5 of this Agreement, and the Parties in Dispute (each, a "Disputing Party") shall promptly (but no later than ten (10) Business Days after the date of such notice) meet (whether by phone or in person) in a good faith attempt to resolve the Dispute. Second, if the Dispute is still unresolved after the date of such good faith attempt, within fifteen (15) Business Days following the commencement of such good faith attempt, an officer of each Group with full authority to resolve such Dispute shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute. Third, if the Dispute is still unresolved after the date of such second good faith attempt, then such Dispute shall be submitted to mediation in accordance with Section 9.10(b).

Appears in 2 contracts

Sources: Master Separation Agreement (Cloud Peak Energy Inc.), Master Separation Agreement (Cloud Peak Energy Inc.)

Direct Negotiation. First, the Party making a Claim shall provide notice thereof to the Party against which such Claim is asserted pursuant to Section 9.5 of this Agreement, and the Parties in Dispute (each, a "β€œDisputing Party"”) shall promptly (but no later than ten (10) Business Days after the date of such notice) meet (whether by phone or in person) in a good faith attempt to resolve the Dispute. Second, if the Dispute is still unresolved after the date of such good faith attempt, within fifteen (15) Business Days following the commencement of such good faith attempt, an officer of each Group with full authority to resolve such Dispute shall meet (whether by phone or in person) in a good faith attempt to resolve the Dispute. Third, if the Dispute is still unresolved after the date of such second good faith attempt, then such Dispute shall be submitted to mediation in accordance with Section 9.10(b).

Appears in 1 contract

Sources: Master Separation Agreement (Cloud Peak Energy Inc.)