Common use of Resolution by Parties Clause in Contracts

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.

Appears in 2 contracts

Sources: Operation and Maintenance Agreement (Cogen Technologies Inc), Operation and Maintenance Agreement (Cogen Technologies Inc)

Resolution by Parties. (a) In the event that a dispute arises rises hereunder between the partiespatties, 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 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(a18.1(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.

Appears in 1 contract

Sources: Operation and Maintenance Agreement (Cogen Technologies Inc)