Resolution of Deadlocks Clause Samples

POPULAR SAMPLE Copied 2 times
Resolution of Deadlocks. In the event Southwest and Low, either through the Board or directly, are unable to reach a decision on any material matter that requires either the unanimous vote of the Members or the unanimous vote of the Board, including, but not limited to, financial goal disputes, after a period of fifteen (15) days when discussion of the action by the Board or the Members first commenced, either of the Members may require that the matter be decided pursuant to the terms and conditions of this Section 9 of this Article VII by sending written notice to the other Member. In order to resolve the matter, Southwest and Low shall (i) each present the issue to the Chief Executive Officers and/or Presidents of Southwest and Low who shall meet face-to-face or by telephone and who shall have one day to reach agreement, or (ii) utilize the dispute resolution procedures for mediation described in Article XVII, Section 7 of this Agreement.
View Source
Resolution of Deadlocks. In the event of a deadlock of ----------------------- the Board on any issue which does or threatens to materially and adversely affect the ability of the Company to conduct its business in the ordinary course, and such deadlock continues for a period of sixty (60) days, HFN and/or IMS-NET may submit the deadlocked issue to an independent, nationally recognized management consultant for final, binding resolution. The management consultant shall be selected by the Company's regularly retained independent auditors. The management consultant shall submit his/her/its decision/recommendations to the Board within thirty (30) days of the date of the submission of the dispute to him/her/it, which shall be binding on the Board and all parties. The cost of the management consultant's services shall be borne by the Company.
View Source
Resolution of Deadlocks. In the event of a deadlock among the Managers with respect to any action to be taken, as declared in writing by either of the Managers, the deadlock may be resolved by agreement between all of the Members. Failing resolution by the Members, the Members shall enter into Arbitration as defined in Section 12 herein.
View SourceView Similar (2)
Resolution of Deadlocks. The parties shall diligently and in good faith discuss and try amicably to resolve all disputes, controversies or differences that arise out of or in relation to or in connection with this Agreement or the Ancillary Agreements at meetings of the Board of Directors of the Newco. If Limited and Toshiba are deadlocked on a particular dispute that requires both parties' approval, they shall formally state their position in writing to the other party within thirty (30) days after such deadlock arises, and within fifteen (15) days thereafter the senior representative of Limited and of Toshiba shall meet in Honolulu, Hawaii, or some other mutually agreeable location to discuss the matter in good faith.
View Source
Resolution of Deadlocks. In the case of any deadlock by the Board of Managers with respect to any matter to be decided by the Board pursuant to this Agreement, or any deadlock by the Members with respect to any matter to be decided by them, the Members agree to submit such matter to the Chief Executive Officer of their ultimate parent for resolution. If such Chief Executive Officers are not able to resolve such deadlock within fifteen (15) days, then each of the Members shall have the right, at its option, to demand that a "shoot-out" be conducted pursuant to and in accordance with the procedures set forth in Section 12.02, provided that no Member may demand a "shoot-out" until at least thirty (30) days, and not more than ninety (90) days, after it has delivered a written "Fair Warning Notice" to each of the other Members describing the dispute in detail and expressly referencing this Section 12. 01. No Member may demand a "shoot-out" pursuant to this Article XII after another Member has properly demanded a "shoot-out," unless such prior demand has been withdrawn.
View Source
Resolution of Deadlocks. (a) If a Voting Member (or in the case of a Deadlock on a Joint Series or Joint Series Operating Company matter, a Voting Member of such Joint Series or the Joint Series associated with such Joint Series Operating Company) reasonably determines that a Deadlock exists, such Voting Member may cause one of its Representatives, by written notice (a “Deadlock Notice”) to the other Voting Member (or in the case of a Deadlock on a Joint Series or Joint Series Operating Company matter, the Voting Member of such Joint Series or the Joint Series associated with such Joint Series Operating Company), to refer such Deadlock to senior executives of the Parents of the Voting Members of the Company (or in the case of a Deadlock on a Joint Series or Joint Series Operating Company matter, senior executives of the Parents of the Voting Members of such Joint Series or the Joint Series associated with such Joint Series Operating Company) or their designees. Such Deadlock Notice shall describe in reasonable detail the nature of the Deadlock. Each Voting Member (or in the case of a Deadlock on a Joint Series or Joint Series Operating Company matter, each Voting Member of such Joint Series or the Joint Series associated with such Joint Series Operating Company) shall cause the individual it designates to resolve the Deadlock promptly to consult and negotiate in good faith with the individual designated by the other Voting Member in an effort to resolve such Deadlock. (b) If: (i) the individuals designated to resolve a Deadlock pursuant to Section 8.09(a) are unable to resolve such Deadlock within twenty (20) Days of delivery of the Deadlock Notice and such Deadlock is (A) both a Triggering Deadlock and a Pre-Operational Deadlock, or (B) both a Triggering Deadlock and an Operational Deadlock on an Ohio Series matter or an Ohio Operating Company matter; or (ii) there occurs a Revenue Allocation Deadlock, a Voting Member (or in the case of a Deadlock on a Joint Series or Joint Series Operating Company matter, a Voting Member of such Joint Series or the Joint Series associated with such Joint Series Operating Company) may commence an arbitration pursuant to Section 13.04 (a “Deadlock Arbitration”) by delivering written notice to the other Voting Member (or in the case of a Deadlock on a Joint Series or Joint Series Operating Company matter, the other Voting Member of such Joint Series or the Joint Series associated with such Joint Series Operating Company) stating its intent to comme...
View Source
Resolution of Deadlocks. If, at any time, a Deadlock arises, then the following rules shall apply: (a) within three (3) Business Days of the occurrence of such Deadlock, the Parties that have appointed Board Members shall refer the matter subject of the Deadlock to their respective Representatives; who shall meet and use their best endeavors to resolve the Deadlock within five (5) Business Days following such referral, and if the Deadlock is resolved by the Representatives, such Representatives shall instruct their respective Directors in the Strategic Partner to vote at the Board, as agreed by the Representatives, and (b) if the Representatives are unable to resolve the Deadlock, then an Extraordinary SETA Shareholder Meeting shall be convened pursuant to Clause 3.1.1. and 3.1.5
View Source
Resolution of Deadlocks. So long as the Board consists four (4) Directors, designated equally by the and the County, the possibility exists for a or deadlock, resulting in an inability of the Board to take action. Any such deadlock will be resolved in accordance with the provisions of Exhibit “1” attached hereto.
View Source

Related to Resolution of Deadlocks

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Resolution of Differences Differences between the Employer and the Union as to the interpretation or application of the provisions of the Trust Agreement relating to employee benefits shall not be subject to the grievance or arbitration procedure established in any collective bargaining agreement. All such differences shall be resolved in the manner specified in the Trust Agreement.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.