Common use of Arbitration for pricing Disputes Clause in Contracts

Arbitration for pricing Disputes. In the event of a dispute regarding the amount charged to Buyer for any Service, including calculation of Allocated Costs associated with a Service or a claim that the amount charged is not consistent with the terms of this Agreement, any arbitration under subsection (b) will be submitted collectively once per month to and heard before Ernst & Young LLP, or if such accounting firm shall decline to act or is not, at the time of submission thereto, independent of SnackCo or GroceryCo, to another arbitrator from any mutually agreed upon accounting firm (the “Pricing Dispute Arbitrator”). The arbitration will be limited solely to the issues of price and cost calculations. Except as otherwise provided in this Section 10.2(d), the provisions in Section 10.2(b) will apply to any arbitration under this Section 10.2(d). Each party will use commercially reasonably efforts to cause the Pricing Dispute Arbitrator to decide not later than 30 days after submission of the particular matter to the Pricing Dispute Arbitrator.