Initial Negotiation Clause Samples
The Initial Negotiation clause establishes a mandatory process for parties to attempt to resolve disputes or disagreements through direct discussions before pursuing formal legal action or alternative dispute resolution methods. Typically, this clause requires that representatives from each party meet within a specified timeframe to negotiate in good faith, often outlining steps such as written notice of the issue and a set period for negotiation. Its core practical function is to encourage early, amicable resolution of conflicts, potentially saving time and costs associated with litigation or arbitration.
Initial Negotiation. The claim will be submitted to a Senior Officer from each party for resolution by mutual agreement. Any mutual agreement reached by the Senior Officers will be binding upon the parties.
13.1.1 For purposes of this section, the term “Senior Officer” will mean, with respect to the Design Professional, the Design Professional’s president or chief executive officer, and with respect to the Owner, the Associate Vice President of Facilities and Operations.
13.1.2 All applicable periods of limitation will be tolled during the pendency of negotiations under this §13.
1. If the parties mutually agree to defer resolution of any Claim until completion of the Project or another mutually acceptable date, all applicable limitations periods will remain tolled until the agreed date.
Initial Negotiation. The claim shall be submitted to a Senior Officer from each party for resolution by mutual agreement. Any mutual agreement reached by the Senior Officers shall be binding upon the parties.
13.1.1 For purposes of this section, the term “Senior Officer” shall mean, with respect to the Design Professional, the Design Professional’s president or chief executive officer, and with respect to the Owner, the Associate Vice President of Facilities and Operations.
Initial Negotiation. During the period January 1, 1998 through March 31, 1998 (or earlier with the approval of both parties) Seller and Buyer shall conduct negotiations in good faith for the purpose of reaching agreement by no later than March 31, 1998 on the following matters: (a) A percentage of the Payable Copper price determined pursuant to Article 8, the applicable price range for such percentage and the associated (price participation) formula for smelting and refining charges for the Payable Copper price which is outside of such designated price range (or alternatively two or more different percentages of such Payable Copper price with a corresponding range of prices which are applicable to each such percentage) for each cargo of Concentrate sold hereunder during the period commencing with the first delivery of Concentrates hereunder and continuing through December 31, 2003, which shall constitute a combined smelting and refining charge for Part A Tonnage for such period; and (b) Whether or not gold and silver refining charges will be applicable to Part A tonnage, and the amount (if any) of such charges applicable for the same period specified in (a) above, all based on the generally prevailing market for price sharing type contracts.
Initial Negotiation. Any dispute arising out of or relating to the Agreement will be resolved by having individuals authorized by each Party make a good faith effort to negotiate an amical resolution to the dispute. All negotiations pursuant to this Section 11.12 will be subject to the covenants regarding confidentiality set forth in Section 11.9. If the initial negotiations described above do not resolve the issue, binding arbitration as provided in Section 11.12(b)(ii) will be the sole and exclusive procedure for the resolution of any such dispute.
Initial Negotiation. To invoke the procedures set forth in this Article 10, a Party will provide written notice to the other Party, which notice will designate a manager for such purpose. Upon receiving such written notice, the other Party will also designate a manager to meet to attempt to resolve the dispute. If the dispute has not been resolved within 45 days after the last date on which a Party received written notice to invoke the dispute resolution procedures, then the dispute will be submitted to the senior executives of the Parties. The senior executives will meet within 15 days following a request for such meeting by any Party and will attempt to resolve the dispute within 30 days of their initial meeting.
Initial Negotiation. In the event the Compliance Dispute Facilitator has determined pursuant to §§ 12.2 - 12.5 that the Compliance Dispute Review Officer should resolve a particular Compliance Dispute, the Compliance Dispute Facilitator shall notify the Compliance Dispute Review Officer, Petitioner and Company of such determination and the basis therefor. Unless the Petitioner specifies otherwise, the Compliance Dispute Facilitator shall serve as the Petitioner’s representative in the Compliance Dispute process thereafter with respect to such Compliance Dispute. The Compliance Dispute Review Officer shall then direct the Petitioner and Company to convene negotiations at a time and place agreeable to both so that they may reach agreement on whether a breach of Company’s obligations under § 7 of this Agreement has occurred and, if so, what remedy, if any, should be implemented. At these negotiations, the Compliance Dispute Review Officer shall, if requested by both Petitioner and Company, serve as a non- binding mediator. If the Petitioner and Company cannot resolve the Compliance Dispute within 90 days of the date of the determination and notification by the Compliance Dispute Facilitator that the Compliance Dispute Review Officer should resolve the Compliance Dispute, then they shall so inform the Compliance Dispute Review Officer.
Initial Negotiation. The parties agree that they will attempt in good faith to promptly resolve any controversy, claim, or dispute between the parties relating to this Agreement ("Dispute") by negotiations. Any Dispute that is not settled by the parties within fifteen (15) days after notice of such Dispute is given by one party to the other in writing (the "Initial Negotiation Period," which period may be extended by mutual agreement) shall be referred to a senior executive of each of Eagle and Licensee who is authorized to settle such Disputes on behalf ofhis or her respective company ("Senior Executives"). The Senior Executives will meet for negotiations within fifteen (15) days after expiration of the Initial Negotiation Period at a time and place mutually acceptable to both Senior Executives. If the Dispute has not been resolved within thirty (30) days after the end of the Initial Negotiation Period, then either party may immediately bring an action before a court of competent jurisdiction.
Initial Negotiation. Any dispute arising out of or related to this Agreement shall be resolved in accordance with the procedures specified in this Section 18, which shall be the sole and exclusive procedures for the resolution of any such disputes. All negotiations pursuant to this Section 18 are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.