This excerpt taken from the EYE 10-Q filed Aug 9, 2006.
7.1. CEO Discussions. Before initiating any litigation, the Parties shall endeavor to amicably resolve any dispute arising out of this Agreement or any other dispute pertaining to the respective businesses of the Parties. Before initiating any litigation arising out of or related in any way to this Agreement, to the AMO Patents or the Alcon Patents, to the AMO Products or the Alcon Products, or otherwise arising out of the business activities of the Parties, the Parties agree that the Chief Executive Officer of the party that proposes to initiate litigation (the Initiating Party) shall contact the Chief Executive Officer of the other party to attempt to resolve any dispute informally without resort to litigation, contemporaneously with or before giving any written notice of the existence of a dispute. The Chief Executive Officers may resolve the dispute themselves, or may designate other representatives to discuss and attempt in good faith to resolve the dispute. Each party shall work diligently to address the concerns raised by the other, and in any event shall attempt to resolve the dispute within twenty-one (21) days of being notified in writing of the existence of a dispute, or such other length of time as the Parties may both agree upon in writing.