Accounting Firm Expenses. The fees, costs and expenses of the Accounting Firm shall be allocated between the Buyer, on the one hand, and the Seller, on the other hand, based upon the percentage which the portion of the Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Seller claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer and if the Accounting Firm ultimately resolves the Dispute by awarding to the Seller $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., 300 ÷ 1,000) to the Buyer and 70% (i.e., 700 ÷ 1,000) to the Seller.
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Samples: Securities Purchase Agreement (Hemisphere Media Group, Inc.), Asset Purchase Agreement (Wausau Paper Corp.)
Accounting Firm Expenses. The fees, costs and expenses of the Accounting Firm shall be allocated between the Buyer, on the one hand, and the Seller, on the other hand, based upon the percentage which the portion of the Purchase Price Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Seller claims that challenges the appropriate adjustments are Closing Statement by an amount of $1,000 greater than the amount determined by the Buyer and if the Accounting Firm ultimately resolves the Purchase Price Dispute by awarding to determining that the Seller has a valid claim for only $300 of the $1,000 contested300, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., 300 ÷ 1,000) to the Buyer and 70% (i.e., 700 ÷ 1,000) to the Seller.
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Samples: Share Purchase Agreement (Hemisphere Media Group, Inc.), Membership Interest Purchase Agreement (Hemisphere Media Group, Inc.)
Accounting Firm Expenses. The fees, costs and expenses of the Accounting Firm shall be allocated between the Buyer, on the one hand, Buyer and the Seller, on the other hand, Seller based upon the percentage which the portion of the Disputes not awarded to each party bears to the amount actually contested by such party. For example, if the Seller claims that the appropriate adjustments are $1,000 greater than the amount determined by the Buyer and if the Accounting Firm ultimately resolves the Dispute by awarding to the Seller $300 of the $1,000 contested, then the fees, costs and expenses of the Accounting Firm will be allocated 30% (i.e., 300 ÷ 1,000) to the Buyer and 70% (i.e., 700 ÷ 1,000) to the Seller.
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