Common use of Billing Dispute Clause in Contracts

Billing Dispute. (a) If Sublicensee wishes in good faith to dispute an invoice (if applicable), the Sublicensee must notify the Sublicensor of its dispute before the Due Date of the relevant invoice, otherwise, the Sublicensee shall be deemed to have accepted the relevant invoice and the Fees there under shall be payable in accordance with this Clause 5. (b) For the purpose of Clause 5.2(a) hereof, the notice provided by the Sublicensee must specify: (i) the reasons why the invoice is disputed; (ii) the amount in dispute; and (iii) any written records supporting the Sublicensee’s dispute. (c) Notwithstanding that the Sublicensee shall not be required to pay any reasonably disputed amounts pending resolution of the dispute and in any case shall not exceed a sum equivalent to twenty per centum (20%) of the disputed invoice, the Sublicensee shall still be liable to make payment on the portion of the relevant invoice that is not in dispute in accordance with the terms and conditions set out under this Clause 5. (d) The Parties agree to use their reasonable endeavours to promptly resolve any dispute notified under Clause 5.2(a) herein within thirty (30) days from the date of notice thereof. For this purpose, the Sublicensor will promptly investigate the Sublicensee’s claim with a view toward resolving the dispute. (e) If the disputed invoice is determined by the Sublicensor to have been a legitimate invoice, the Sublicensee must pay the total amount due and owing within five (5) Business Days of the date of such determination by the Sublicensor. (f) If the Fees, charges costs, expense, loss or damages or any other monies which are judicially adjudicated as due hereunder by the Sublicensee to the Sublicensor shall be required to be recovered through any process of law, or if such monies or any part thereof shall be placed in the hands of or deposited with solicitors for collection, the Sublicensee shall pay (in addition to such monies) to the Sublicensor’s solicitors, all legal fees (on a solicitor and client basis) together with any other costs and expense incurred in respect of or in connection with such collection.