Common use of Dispute Discussion Clause in Contracts

Dispute Discussion. In the event of a dispute between the Parties arising out of this Agreement, and as a condition precedent to any right of action, representatives of each Party shall meet (either in person or by telephone), within ten (10) days after receipt of a notice from either Party specifying the nature of the dispute, to review a Party’s claims for the basis of such dispute and attempt to resolve in good faith all such claims. Thereafter, if the Parties are unable to resolve the dispute within such time period, the matter shall be escalated to a Vice President (or a more senior officer) of each Party, who will meet, either in person or by telephone, within fifteen (15) days of such escalation. If the dispute remains unresolved after such escalation, then the Parties may proceed with all remedies available at law or in equity. Notwithstanding the foregoing, in the event of a threatened, actual or claimed breach of the Confidential Information or intellectual property provisions hereunder, either Party may by-pass the provisions of this dispute discussion provision and immediately seek relief in a court of competent jurisdiction to stay any threatened or continued breach of the foregoing.

Dispute Discussion. In the event of a dispute between the Parties Customer and IronBench arising out of this Agreement, and as a condition precedent to any right of action, representatives of each Party Customer and IronBench shall meet (either in person or by telephone), within ten (10) days after receipt of a notice from either Party party specifying the nature of the dispute, to review a Partyparty’s claims for the basis of such dispute and attempt to resolve in good faith all such claims. Thereafter, if the Parties parties are unable to resolve the dispute within such time period, the matter shall be escalated to a an individual with appropriate decision making authority (Vice President (or a more senior officer) of each Partyparty, who will meet, either in person or by telephone, within fifteen (15) days of such escalation. If the dispute remains unresolved after such escalation, then the Parties parties may proceed with all remedies available at law or in equityarbitration under Section 15.2. Notwithstanding the foregoing, in the event of a threatened, actual or claimed breach of the Confidential Information confidentiality or intellectual property provisions hereunder, either Party party may by-pass the provisions of this dispute discussion provision and immediately seek relief in a court of competent jurisdiction to stay any threatened or continued breach of the foregoingconfidentiality.