Discussions Between the Parties Sample Clauses

Discussions Between the Parties. Except as otherwise provided in Section 3.1(e), 3.2(e) or 3.3(e), if any claim, dispute, or controversy of any nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract or statute, or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement (each, a "CLAIM"), arises between the Parties and the Parties cannot resolve the dispute within thirty (30) days of a written request by either Party to the other Party, the Parties agree to refer the Claim to a member of the Lilly Policy Committee and the Chief Executive Officer of Amylin for resolution. If, after an additional sixty (60) days, such officers have not succeeded in negotiating a resolution of the dispute, then, upon the written request of either Party, such dispute shall be submitted to non-binding mediation to be facilitated by a mutually agreeable mediator with prior experience as an executive in the pharmaceutical industry.

Discussions Between the Parties. The Parties shall negotiate in good faith to resolve any disputed issues concerning Title Defects or Property Value Reductions or Property Value Increases between the time ▇▇▇▇▇▇ ▇▇▇ivers its response and the Closing Date, in order to agree upon the aggregate Title Price Adjustment for all Title Defects. The Closing Settlement Price shall reflect the terms so negotiated by the Parties. Without limitation, one or more of the following procedures may be used with respect to particular outstanding or disputed Title Defects and corresponding Property Value Reductions or Property Value Increases: (i) If any Property is burdened by a Title Defect which may be cured by Seller after Closing and if there is a Title Price Adjustment, then Seller may propose to cure such Title Defect at its own expense after Closing. If the Property Value Reduction to be paid by Buyer to Seller for such Title Defect is the entire Allocated Value of the Property, then the Property shall be excluded from the Operating Assets to be owned by the Subsidiaries and the Partnership at Closing, Buyer may withhold from the Settlement Price the Allocated Value of the Property and Seller shall instead, effective as of the day before the Closing Date, assign that Property to a different subsidiary of Seller, and (unless and until such Property is reconveyed to the Partnership pursuant to other provisions herein) Seller shall indemnify Buyer against any liabilities, costs and expenses of any kind relating or arising in any fashion from such Property. If within an agreed upon period not to exceed two (2) months, Seller cures the Title Defect to Buyer's reasonable satisfaction, Buyer shall pay Seller the amount withheld from the Settlement Price for such Title Defect, as determined above, and Seller's subsidiary shall deliver an assignment of such Property to Buyer. If the Title Defect is not cured to Buyer's reasonable satisfaction within such period, the Buyer shall make no further payment for such Property, and Seller's subsidiary shall not be required to assign the Property to Buyer. If the Title Defect is partially cured, then Buyer shall pay Seller the amount withheld from the Settlement Price, as determined above, allocable to the cured portion of the Title Defect, Buyer shall retain the remainder of such proceeds and Seller's subsidiary shall assign to Buyer the portion of the Property allocable to the cured portion of the Title Defect. (ii) If at Closing, the Parties reasonably disagree upo...

Discussions Between the Parties. 1. A Party may at any time request discussions with the other Party on the development of any new measures related to controlling anti-competitive practices that may affect their economic development, whether these are specific or of general application. 2. A Party may request discussions with the other Party on anti-competitive practices adversely affecting economic development of either Party within the scope of this Chapter. 3. The other Party shall respond promptly to any request for discussions.

Discussions Between the Parties. If any claim, dispute, or controversy of whatever nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract, or statute (including any claims of breach or violation of statutory or common law protections from discrimination, harassment and hostile working environment), or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement (“Disputed Claim”), arises between the parties and the parties cannot resolve the dispute within thirty (30) days of a written request by either party to the other party, the parties agree to hold a meeting, attended by the an executive officer or their equivalent of Company and Manufacturer, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within sixty (60) days after such written request, the parties have not succeeded in negotiating a resolution of the dispute, such dispute shall be resolved by final and binding arbitration in accordance with Section 11.2.

Discussions Between the Parties. Any disputes arising from an adjustment resulting from technological change shall be discussed by the Village and the Union.

Discussions Between the Parties. The parties agree to attempt in good faith to resolve Claims made before final payment using the following resolution process. Neither party will proceed to arbitration until the following process has been attempted, and neither party's rights, defenses, Claims, or remedies will be considered waived, released, or adversely affected by its participation in this process. This process will not toll any applicable statutory periods of limitation, duration, or ultimate repose except to the extent that the parties separately agree in writing to toll those periods. (a) All reasonable efforts will be made by THPRD's Representative and Design-Builder's project manager to resolve any Claims that arise during the Work in a prompt and equitable manner. If they fail to reach an equitable agreement to resolve a Claim, either party may notify the other party in writing to identify the Claim with known specificity and request a meeting between THPRD's senior executive responsible for the Project and Design-Builder's senior executive responsible for the Project. (b) The parties' senior executives will meet at a mutually agreed time and place within ten days of receipt of the written notice and attempt in good faith to negotiate a resolution of the Claim. If within ten days after the meeting the parties have not succeeded in negotiating an agreed-upon resolution of the Claim, then either party may pursue any and all rights and remedies available to it in this Agreement. (c) The parties may at any time mutually agree to submit any dispute between them to voluntary mediation or to arbitration under Section 13.4.

Discussions Between the Parties. If any claim, dispute, or controversy of any nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract or statute, or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement (each, a “Claim”), arises between the Parties and the Parties cannot resolve the dispute within [**] days of a written request by either Party to the other Party, the Parties agree to refer the Claim to an executive officer of each of Ophthotech and Eyetech for resolution. If, after an additional [**] days, such officers have not succeeded in negotiating a resolution of the dispute, then, upon the written request of either Party, such dispute shall be submitted to non-binding arbitration to be facilitated by a mutually agreeable arbitrator with prior experience as an executive in the pharmaceutical industry.

Discussions Between the Parties. 10.2.1 If it appears to the Company that a position or positions is or are likely to become redundant, the Company shall, as soon as practicable after a decision is made, commence discussions with the Unions and shall provide to the Unions details about the likely redundancies. These details shall include the reasons for the position or positions becoming redundant; and the number, classifications, locations and other details of the redundant positions. 10.2.2 The Company’s discussions with the Unions shall include: (a) the positions identified as redundant, having regard to the efficient and economical working of the enterprise; and (b) advice and the timing of that advice to Employees; and (c) matters which may ameliorate the effects of redundancy; and (d) options for redeployment; and (e) the selection of Employees for redundancy including the use of voluntary redundancy. 10.2.3 The Company shall consider any options raised by the Union(s), which may assist in the effective management of the situation. 10.2.4 The obligation on the Company under clause 10.2 is to have discussions with the Union(s). Any decision as to the number of positions which will be made redundant rests with the Company.

Discussions Between the Parties. If any claim, dispute, or controversy of any nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract or statute (including any claims of breach or violation of statutory or common law protections from discrimination, harassment and hostile working environment), or concerning the interpretation, effect, termination, validity, performance and/or breach of this Agreement (each, a “Claim”), arises between the Parties and the Parties cannot resolve the dispute within 30 days of a written request by either Party to the other Party, the Parties agree to refer the Claim to the Chief Executive Officer of each Party for resolution. If, after an additional 45 days, the respective Chief Executive Officers have not succeeded in negotiating a resolution of the dispute, such dispute shall be resolved by final and binding arbitration in accordance with Section 11.2(b).