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.
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Sources: License and Services Agreement, License and Services Agreement
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. 12.9.1 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.
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