Resolution by Parties Clause Samples
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Resolution by Parties. If a Notice of Dispute is properly given, the Parent and the Shareholders agree to negotiate in good faith and use their best efforts to resolve any disagreement with respect to the Statement of Final Per Share Amounts. If the Parent and the Shareholders shall not reach such resolution within 30 days following receipt by the Parent of a properly given Notice of Dispute, KPMG Peat Marwick LLP (the "Accountants") shall resolve such dispute within 30 days after its submission to them. The Parent and the Shareholders (if the dispute is resolved by them or the Statement of Final Per Share Amounts otherwise becomes final pursuant hereto without referral to the Accountants) or the Accountants (if a dispute is resolved by them) shall set forth such resolution in writing and such writing shall (i) set forth the Final Outstanding Common Stock Number, the Final Per Share Cash Amount, the Final Per Share Common Stock Amount and the Total Consideration and (ii) be final, conclusive and binding for purposes of this Agreement.
Resolution by Parties. In the event that a dispute arises, the Parties shall attempt in good faith to settle the dispute by mutual discussions within thirty (30) days after the date that the disputing Party gives written notice of the dispute to the other Party.
Resolution by Parties. The Parties shall negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out of or relating to the Agreement or the breach, interpretation, termination or validity thereof (a “Dispute”) within thirty (30) days after the date that a Party gives written notice of such Dispute to the other Party. In the event that the Parties are unable to reach agreement within such thirty (30) day period (or such longer period as the Parties may agree) then either Party may refer the matter to legal proceedings in accordance with Section 12.2; provided, however, that if the Dispute involves the amount of an invoice and after ten (10) days of mutual discussion either Party believes in good faith that further discussion will fail to resolve the Dispute to its satisfaction, such Party may immediately refer the matter to legal proceedings in accordance with Section 12.2.
Resolution by Parties. (a) In the event that a Dispute arises, the Parties shall attempt in good faith to settle such Dispute by mutual discussions within thirty (30) Days after the date that the disputing Party delivers written notice of the Dispute to the other Party.
(b) The Party alleging the existence of a Dispute shall give to the other Party written notice setting out the material particulars of the Dispute in the written notice delivered pursuant to Section 18.1(a). Representatives from each of the Purchaser and the Seller shall meet in Kabul to attempt in good faith to resolve the Dispute.
(c) If the Dispute is not resolved within thirty (30) Days after the date of receipt of notice described in Section 18.1(a) by the relevant Party (or within such longer period of time as the Parties may agree), then the provisions of Section 18.2 and Section 18.3 shall apply, as appropriate.
Resolution by Parties. The Parties shall negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out of or relating to the Agreement or the breach, interpretation, termination or validity thereof (a “Dispute”) within forty-five (45) days after the date that a Party gives written notice of such Dispute to the other Party. If the Parties are unable to reach agreement within such forty-five (45) day period (or such longer period as the Parties may agree) then the Parties may within five days thereafter mutually agree to one day of non-binding mediation failing which each Party may resort to a judicial forum.
Resolution by Parties. 15.1.1 If a Dispute arises, the Parties shall first attempt in good faith to settle such Dispute by mutual discussions in accordance with the provisions of Clause 15.1.2.
15.1.2 The Party alleging the existence of a Dispute shall give to the other Party notice setting out the material particulars of the Dispute. Representatives from each of the Parties shall meet in Ulaanbaatar, Mongolia and attempt in good faith to resolve the Dispute within fifteen (15) Days after the date of receipt of such notice by the relevant Party.
15.1.3 If the Dispute is not resolved within thirty (30) Days after the date of receipt of notice referred to in Clause 15.1.2 by the relevant Party (or within such longer period of time as the Parties may agree), then the provisions of Clause 15.2 and Clause 15.3 shall apply, as appropriate.
15.1.4 During the period within which the Parties' representatives are meeting in good faith to resolve the Dispute, the Parties shall faithfully continue to perform their respective obligations under this Agreement that are not in Dispute.
Resolution by Parties. Upon receipt of a written notice claiming a Dispute, officers of both Parties shall meet at a mutually agreeable time and place within ten (10) Business Days after delivery of such notice and thereafter as often as they reasonably deem necessary, to exchange relevant information and to attempt to resolve the Dispute. In such meetings and exchanges, a Party shall have the right to designate as confidential any information that such Party offers. No confidential information exchanged in such meetings for the purpose of resolving a Dispute may be used by a Party in litigation against the other Party.
Resolution by Parties. Within three Business Days of the date of the Dispute Notice (or such other period as agreed between the parties to the Dispute) each of the parties to the Dispute must meet and use their reasonable endeavours to resolve the Dispute.
Resolution by Parties. (a) In the event that a dispute arises hereunder between the parties, the parties shall attempt in good faith to settle such dispute by mutual discussions within thirty (30) days after the date that a party gives written notice of the dispute to the other party; provided, however, that if the dispute involves the amount of an invoice and after ten (10) days of mutual discussion either party believes in good faith that further discussion will not resolve the dispute to its satisfaction, such party may immediately refer the matter to the expert for consideration pursuant to Section 18.2 hereof.
(b) In the event that the dispute is not resolved in accordance with Section 18.l(a) hereof, either party may refer the dispute to the chief executive officers or chief operating officers of the respective parties for further consideration. In the event that such individuals are unable to reach agreement within fifteen (15) days, or such longer period as they may agree, then either party may refer the matter to an expert in accordance with Section 18.2 hereof.
Resolution by Parties. If a Notice of Dispute is properly given, the Parent, the Principal Shareholders and the Trustee agree to negotiate in good faith and use their best efforts to resolve any disagreement with respect to the Statement of Final Per Share Amounts. If a resolution is not reached within 30 days following receipt by the Parent of a properly given Notice of Dispute, KPMG Peat Marwick LLP ("Accountants") and the Company Accountants (as defined below ) shall together choose a qualified third party firm of independent accountants ("Third Accountants") within 10 days after a Notice of Dispute is submitted to them and such Third Accountants shall resolve such dispute within 30 days after its submission to them. The Parent, the Principal Shareholders and the Trustee (if the dispute is resolved by them or the Statement of Final Per Share Amounts otherwise becomes final pursuant hereto without referral to the Accountants) or the Third Accountants (if a dispute is resolved by them) shall set forth such resolution in writing and such writing shall (i) set forth the Final Outstanding Common Stock Number, the Final Per Share Cash Amount, the Final Per Share Common Stock Amount and the Total Consideration and (ii) be final, conclusive and binding for purposes of this Agreement.