Common use of Negotiation Between Executives Clause in Contracts

Negotiation Between Executives. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any Party may give the other Party notice of any dispute not resolved in the normal course of business. Such notice shall include: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will be representing that AMENDED AND RESTATED 30 PSNH POWER PURCHASE AGREEMENT 30 PSNH May 18, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Party and of any other person who will accompany the executive (“Initial Notice”). Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within ten (10) Business Days after delivery of the Initial Notice, the executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. (i) The Parties parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ of Retail and who are at a higher level ▇▇▇▇ ▇. ▇▇▇▇▇ of management than the persons GMH, or their successors with direct responsibility for administration of this Agreementcontract. Any Party party may give the other Party party written notice of any dispute not resolved in the normal course of business. Such Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and the response shall include: include (a) a statement of that Party’s each party's position and a summary of arguments supporting that position; and (b) the name and title of the executive who will be representing that AMENDED AND RESTATED 30 PSNH POWER PURCHASE AGREEMENT 30 PSNH May 18, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Party and of any other person who will accompany the executive (“Initial Notice”). Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that Party party and of any other person who will accompany the executive. Within ten (10) Business Days 30 days after delivery of the Initial Noticedisputing party's notice, the executives of both Parties parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other will be honored. (ii) If the matter has not been resolved by these persons within 60 days of the disputing party's notice, or if the parties fail to meet within 30 days, the dispute shall be referred to the Chairmen of the Boards of both parties who shall likewise meet to attempt to resolve the dispute. If the matter has not been resolved within 30 days from the referral of the dispute to such Chairmen, or if no meeting of such Chairmen has taken place within 15 days after such referral, either party may initiate arbitration as provided hereinafter. (iii) All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable the Federal Rules of Evidence and state rules of evidence.

Negotiation Between Executives. (a) The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between Sellers or their appointed representatives and executives who have authority to settle the controversy and who are of Buyer who, if possible, shall be at a higher management level of management than the persons individuals with direct responsibility for administration of this AgreementAgreement (the "Negotiators"). Any Party may give the other Party Parties written notice of any dispute not resolved in the normal course of business. Such Within 15 days after delivery of the notice (five days if the notice is delivered prior to a Closing hereunder), the receiving Party shall include: submit to the other Parties a written response. The notice and response shall include (ai) a statement of that each Party’s 's position and a summary of arguments supporting that position; , and (bii) the name and title of the executive who will be representing that AMENDED AND RESTATED 30 PSNH POWER PURCHASE AGREEMENT 30 PSNH May 18, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Party Negotiators and of any other person Person who will accompany the executive (“Initial Notice”)them. Within five (5) Business Days 30 days after delivery of the Initial Noticedisputing Party's notice (five days if the disputing Party's notice is delivered prior to a Closing hereunder), the receiving Party shall respond with: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within ten (10) Business Days after delivery of the Initial Notice, the executives of both Parties Negotiators shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other Parties will be honored. . (b) If the matter has not been resolved by these Persons within 60 days of the disputing Party's notice (10 days if the disputing Party's notice is delivered prior to a Closing hereunder), or if the Parties fail to meet within 30 days (five days if the disputing Party's notice is delivered prior to a Closing hereunder), any Party may initiate mediation as provided below. (c) All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable the Federal Rules of Evidence and state rules of evidence.

Negotiation Between Executives. The Parties shall attempt in good faith to promptly resolve any dispute arising out of or relating to this Agreement promptly and/or any of the other Transaction Documents (except as set forth in Section 12.9) by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons Persons with direct responsibility for administration of this Agreementthe Transaction Documents. Any Either Party may give the other Party (written) notice of any dispute not resolved in the normal course of business. Such notice shall include: (a) a statement of that Party’s 's position and a summary of arguments supporting that position; and (b) the name and title of the executive who will be representing that AMENDED AND RESTATED 30 PSNH POWER PURCHASE AGREEMENT 30 PSNH May 18, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Party and of any other person Person who will accompany the executive (“Initial Notice”)executive. Within five fifteen (515) Business Days days after delivery of the Initial Noticenotice, the receiving Party shall respond with: (ai) a statement of that Party’s 's position and a summary of arguments supporting that position; and (bii) the name and title of the executive who will represent that Party and of any other person Person who will accompany the executive. Within ten thirty (1030) Business Days days after delivery of the Initial Noticeinitial notice, the designated executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are Section 12.1 shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable Law and rules of evidence.

Negotiation Between Executives. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any Party may give the other Party written notice of any dispute not resolved in the normal course of businessbusiness (“Initial Notice”). A copy of the Initial Notice shall also be given to the DPUC. Such notice Initial Notice shall include: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will be representing that AMENDED AND RESTATED 30 PSNH POWER PURCHASE AGREEMENT 30 PSNH May 18, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Party and of any other person who will accompany the executive (“Initial Notice”)executive. Within five (5) Business Days after delivery of the Initial Notice, the receiving Party shall respond with: (a) a statement of that Party’s position and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within ten fifteen (1015) Business Days after delivery of the Initial Notice, the executives of both Parties and a representative from the DPUC shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.

Negotiation Between Executives. (a) The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between the appointed representative of the Seller and executives who have authority to settle the controversy and who of Buyer who, if possible, are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any Party party may give the other Party party written notice of any dispute not resolved in the normal course of business. Such Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include: include (ai) a statement of that Partyeach party’s position and a summary of arguments supporting that position; , and (bii) the name and title of the executive who will be representing that AMENDED AND RESTATED 30 PSNH POWER PURCHASE AGREEMENT 30 PSNH May 18, ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ Party and of any other person who will accompany the executive (“Initial Notice”)act as such party’s representative. Within five (5) Business Days 30 days after delivery of the Initial Noticedisputing party’s notice, the receiving Party shall respond with: (a) a statement representatives of that Party’s position ESCO and a summary of arguments supporting that position; and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within ten (10) Business Days after delivery of the Initial Notice, the executives of both Parties Buyer shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, necessary to attempt to resolve the dispute. All reasonable requests for information made by one Party party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules the Federal Rules of evidenceEvidence and State Rules of Evidence. (b) If the matter has not been resolved by these persons within 60 days of the disputing party’s notice, or if the parties fail to meet within 30 days, either party may initiate mediation as provided hereinafter. (c) All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules of Evidence.