Common use of Submission to Mediation Clause in Contracts

Submission to Mediation. If, within 30 days after such meeting of officer and partner or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, the Partnership and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or the delegee thereof from the Partnership and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the “Senior Executives.” Upon such referral, the Senior Executives shall review the following materials provided by the Partnership and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each party’s contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 3.2 within 30 days of the referral of such Dispute, the Partnership and Consulting may then pursue the remedies contemplated by Section 3.3 and 3.4.

Appears in 1 contract

Sources: Non Competition Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting of officer and partner officers or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, the Partnership KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from the Partnership KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the “Senior Executives.” Upon such referral, the Senior Executives or delegees shall review the following materials provided by the Partnership KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each partyParty’s contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 3.2 13.2 within 30 days of the referral of such Dispute, the Partnership KPMG and Consulting may then pursue the remedies contemplated by Section 3.3 Sections 13.3 and 3.413.4.

Appears in 1 contract

Sources: Separation Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting receipt of officer and partner or delegeesthe notice describing the dispute, the Parties have not succeeded in negotiating a resolution of the Dispute, the Partnership KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or the delegee thereof from the Partnership KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the “Senior Executives.” Upon such referral, the Senior Executives or delegees shall review the following materials provided by the Partnership KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each party’s contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 3.2 8.02 within 30 days of the referral of such Dispute, the Partnership KPMG and Consulting may then pursue the remedies contemplated by Section 3.3 Sections 8.03 and 3.48.04.

Appears in 1 contract

Sources: Transition Services Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting of officer and partner or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, the Partnership and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or the delegee thereof from the Partnership and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the "Senior Executives." Upon such referral, the Senior Executives shall review the following materials provided by the Partnership and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each party’s 's contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 3.2 within 30 days of the referral of such Dispute, the Partnership and Consulting may then pursue the remedies contemplated by Section 3.3 and 3.4.

Appears in 1 contract

Sources: Non Competition Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting receipt of officer and partner or delegeesthe notice describing the dispute, the Parties have not succeeded in negotiating a resolution of the Dispute, the Partnership KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or the delegee thereof from the Partnership KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the "Senior Executives." Upon such referral, the Senior Executives or delegees shall review the following materials provided by the Partnership KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each party’s 's contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 3.2 8.02 within 30 days of the referral of such Dispute, the Partnership KPMG and Consulting may then pursue the remedies contemplated by Section 3.3 Sections 8.03 and 3.48.04.

Appears in 1 contract

Sources: Transition Services Agreement (KPMG Consulting Inc)

Submission to Mediation. If, within 30 days after such meeting of officer and partner officers or delegees, the Parties have not succeeded in negotiating a resolution of the Dispute, the Partnership KPMG and Consulting agree to refer the matter to a panel consisting of one (1) senior partner or principal or the delegee thereof from the Partnership KPMG and one (1) executive officer or the delegee thereof from Consulting (which individuals or delegees shall not have been, as much as practicable, directly involved in the Dispute) for review and resolution. These individuals are referred to herein as the "Senior Executives." Upon such referral, the Senior Executives or delegees shall review the following materials provided by the Partnership KPMG and Consulting: a copy of the terms of this Agreement and a concise (less than 10 page) summary of the basis of each party’s Party's contentions, including the relevant facts and areas of disagreement. If the Dispute cannot be resolved by the Senior Executive panel pursuant to this Section 3.2 13.2 within 30 days of the referral of such Dispute, the Partnership KPMG and Consulting may then pursue the remedies contemplated by Section 3.3 Sections 13.3 and 3.413.4.

Appears in 1 contract

Sources: Separation Agreement (KPMG Consulting Inc)