Dispute Escalation Process Sample Clauses

Dispute Escalation Process. In the event of a claim, dispute, or controversy (each, a “Dispute”) arising from or in connection with this Agreement or the relationship of the Parties, prior to the commencement of any formal proceedings, the Parties will attempt to resolve the Dispute in the following manner: 11.11.1. Upon written request of any Party, the business lead of each Party will meet for the purpose of resolving the Dispute. The Parties will meet as often as they deem necessary, to discuss the problem in an effort to resolve the Dispute without the necessity of any formal proceeding. In the event the Parties fail to resolve the Dispute then it will be referred to the level of vice president or higher at QOMPLX and at Customer. If, after following the process set forth herein, either Party reasonably determines that amicable resolution through continued negotiation of the matter does not appear likely, then such Party shall be free to initiate binding arbitration, subject to the provisions of this Agreement. Nothing in this clause shall prevent or delay a Party from exercising any right of termination provided in this Agreement. Further, nothing in this Section shall limit the remedies available to the Parties under law and equity.

Dispute Escalation Process. In the event that a material dispute relating to this Agreement arises between the Parties (including any dispute that may result in a claim of Patent infringement), a joint review committee, consisting of a business, technical and legal representative of each party will engage in good faith negotiations to resolve the dispute for a period of thirty (30) days after written notice of the dispute is provided by one party to the other party. If the joint review committee cannot resolve the issue after reasonable efforts by both parties including at least one in-person meeting during such thirty (30) day period, then at the written request of one of the parties, the CEOs or their senior executive designees will meet (either in person or telephonically) at their mutual earliest convenience within a second thirty (30) day period to try to resolve the issue. Before the end of the two thirty (30) day periods, subject to Sections 11 and 12, the Parties may seek any applicable legal remedy only if the Parties believe in good faith that there will be irreparable harm by delay.

Dispute Escalation Process. If the Center representative cannot resolve the dispute through either the service delivery process, or facilitation with the CS&C Office: ▪ The formal dispute will be escalated to the NSSC CS&C Director for the purpose of discussion and fact finding resulting in the issuance of a formal report; ▪ The formal dispute may be escalated to the NSSC Executive Director for discussion, negotiation, or an advisory opinion when resolution can not be reached by the CS&C Office; and ▪ If actions to resolve the dispute cannot be agreed upon between the NSSC Executive Director and the Center representative, it will be referred to the NSSC Board of Directors for discussion and resolution - the decision of the NSSC Board of Directors will be the final ruling. The NSSC Board of Directors will identify and agree to satisfactory actions and resolution with the NSSC Executive Director.

Dispute Escalation Process. If either party believes that the other party has failed to perform its obligations under a Project, it will notify the other party of the perceived deficiency. Upon receipt of notice the Project Managers will promptly discuss a corrective action plan in person or by telephone and will attempt in good faith to agree to a mutually acceptable corrective action plan. If the Project Managers cannot agree upon a corrective action plan within ten (10) days of receipt of notice, the issue will be escalated to senior management at the respective parties. The respective management representatives will immediately discuss the issue in person or by telephone and the parties will attempt in good faith to resolve the issue for a period of ten (10) days. If the issue is not resolved by mutual agreement within the second ten (10) day period, the parties may resort to remedies available in this Agreement or at law.

Dispute Escalation Process. If the customer representative cannot resolve the dispute through either the service delivery process, or facilitation with the Chief of CS&C, the following apply: The formal dispute will be escalated to the Director, B&A Office for the purpose of discussion and fact finding resulting in the issuance of a formal report; The formal dispute may be escalated to the NSSC Deputy Director for discussion, negotiation, or an advisory opinion when resolution cannot be reached by the Director, B&A Office; and If actions to resolve the dispute cannot be agreed upon between the NSSC Deputy Director and the customer, it will be referred to the NSSC Executive Director or, if necessary, the NSSC BOD for discussion and resolution - the decision of the NSSC BOD will be the final ruling. The NSSC BOD will identify and agree to satisfactory actions and resolution with the NSSC Executive Director. NSAGR-1058-0005 Page 33 of 45

Dispute Escalation Process. The parties will attempt in good faith to promptly resolve any controversy or claim arising out of or relating to this Agreement by negotiations between executives of the parties. If a controversy or claim should arise, the Chief Information Officers, or their superiors, will meet in person or phone, as they decide, at least once and will attempt to resolve the matter. Either Chief Information Officer may require the other to meet within five (5) days at a mutually agreed upon time. If the matter has not been resolved within seven (7) days of their first meeting, or a request for such meeting if no meeting occurs, the Chief Information Officers shall refer the matter to senior executives, who shall have authority to settle the dispute (the "Senior Executives"). The Senior Executive for GDSC shall be its chief executive officer or his designee and the Senior Executive of MON shall be its chief executive officer, or his/her designee. Thereupon, the Chief Information Officers shall promptly prepare and exchange memoranda stating the issues in dispute, and their positions, summarizing the negotiations which have taken place, and attaching relevant documents. The Senior Executives will meet in person or by telephone within five (5) days of the end of the seven (7) day period referred to above, at a mutually agreed upon time and, if an in-person meeting is mutually agreed upon, a mutually agreed upon location. If the meeting is in person, the first meeting shall be held at the offices of the Chief Information Officer receiving the request to meet. If more than one in-person meeting is held, the in-person meetings shall be held in rotation at the offices of GDSC and MON. If the matter has not been resolved within ten (10) days of the first meeting of the Senior Executives (which period may be extended by mutual agreement), the parties may thereafter resort to litigation. During the course of negotiations between the representatives, all reasonable requests made by one party to the other for nonprivileged information will be honored in order that each of the parties may be fully informed of the circumstances relevant to the dispute.

Dispute Escalation Process. If either party believes that the other party has failed to perform its obligations under this Agreement, it will notify the other party of the perceived deficiency. The parties will, in good faith, attempt to resolve the matter within thirty (30) days in accordance with the following procedure:

Dispute Escalation Process. (a) The Parties shall act reasonably in interpreting this Agreement and the Schedules hereto. In the event of a dispute under this Agreement, the Parties will first engage in the dispute escalation processes identified in this Clause 7.1. The Parties also agree to use reasonable good faith efforts to resolve all disputes.

Dispute Escalation Process. If the customer representative cannot resolve the dispute through either the service delivery process, or facilitation with the B&A Office, CS&C Team Lead: ▪ The formal dispute will be escalated to the Director, B&A for the purpose of discussion and fact finding resulting in the issuance of a formal report; ▪ The formal dispute may be escalated to the NSSC Executive Director for discussion, negotiation, or an advisory opinion when resolution cannot be reached by the Director, B&A; and ▪ If actions to resolve the dispute cannot be agreed upon between the NSSC Executive Director and the Deputy CFO, it will be referred to the Agency Chief Financial Officer for discussion and resolution - the decision of the Agency Chief Financial Officer will be the final ruling on Financial Management matters. The Agency Chief Financial Officer will identify and agree to satisfactory actions and resolution with the NSSC Executive Director and the Deputy CFO.