Common use of DISPUTE RESOLUTION PROCESSES Clause in Contracts

DISPUTE RESOLUTION PROCESSES. (a) The Parties recognize that disagreements or differences (collectively, a “Dispute”) between the Parties may arise from time to time under this Agreement and desire to establish procedures to guide the resolution of such Disputes in an expedient and friendly manner without resort to arbitration, litigation or other formal proceedings. (b) If a Dispute arises between the Parties under the Plan Development Agreement, and the Parties do not resolve some or all of the Dispute through informal discussions among the relevant representatives involved, then: (a) either ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ may give Sidewalk Labs a written notice, or Sidewalk Labs may give ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ a written notice, as applicable, requesting initiation of these dispute resolution procedures with respect to such particular Dispute; (b) promptly following such notice, the Project Steering Committee will meet to discuss and attempt to resolve the Dispute; (c) if the Dispute is not adequately addressed within 20 days of such notice by the Project Steering Committee, the respective CEOs of Sidewalk and ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ agree to meet to discuss and attempt to resolve the Dispute, including in person if necessary; (d) if the Dispute is not adequately addressed within 20 days of discussion by the CEOs, the parties shall, within 10 business days, mutually agree on a third-party mediator, and discuss and attempt to resolve such Dispute through mediation; and (e) if the Dispute is not adequately addressed after one mediation session, either Party may provide written notice to the other party of its intent to terminate the Plan Development Agreement. (c) All information exchanged during such discussions and negotiations regarding a Dispute following a written notice requesting initiation of these dispute resolution procedures with respect to such Dispute will be regarded as “without prejudice” communications for the purpose of any settlement negotiations in connection with such Dispute and will be treated as confidential information subject to the terms of Article IX of the Plan Development Agreement. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during such discussions and negotiations. Capitalized terms used but not otherwise defined in this Schedule G shall have the meanings ascribed to them in the Plan Development Agreement.