Common use of Mandatory Procedures Clause in Contracts

Mandatory Procedures. Prior to initiating any administrative or judicial proceeding with respect to a dispute relating to this Agreement, other than payments, each party shall first comply with the procedures set forth in this Article V. a. A party asserting the existence of a dispute shall provide written notice of to the other party with a statement of the facts and any documents relevant to the disputed issue. Within fifteen (15) days after the date of that notice, senior representatives of the parties shall convene at a mutually convenient location and engage in good faith negotiations to resolve the dispute. b. If either party subsequently determines that negotiations between the representatives of the parties are at an impasse, the party declaring that the negotiations are at an impasse shall give written notice to the other party stating with particularity the issues that remain in dispute and its proposed resolution. c. Upon notice of impasse, then parties hereby agree to first participate in good faith in non-binding mediation in an attempt to resolve and settle all disputes prior to initiating any further legal action. Mediation may only be initiated by one party’s notice to the other of its desire to mediate within thirty (30) days from the notice of impasse. The parties shall mutually agree on a certified mediator located in Alachua County, Florida. If mediation not initiated, then each party waives all right to initiate any and all further legal proceedings or remedies. d. If mediation is initiated and the dispute is not resolved, then this Agreement shall no longer prohibit either party from filing appropriate administrative or judicial proceedings with respect to the issue in dispute.