Delivering a dispute notice Sample Clauses

Delivering a dispute notice. Except for a dispute in connection with the Completion Accounts, if any dispute arises between any 2 or more of the parties arising out of, or in connection with, this Agreement, including its construction, effect, the rights and obligations of the parties, the performance or breach of this Agreement, the entitlement of any party to damages or compensation (whether for breach of contract, tort or any other cause of action) or the amount of that entitlement (Dispute), the party claiming that a Dispute has arisen must deliver to the other parties a notice containing particulars of the Dispute (Dispute Notice).
Sample 1
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Delivering a dispute notice. If any dispute, controversy or claim arises between the parties arising out of, relating to or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute), a party may deliver to the other party a written notice (Dispute Notice) which sets out the nature of the Dispute and the relief or remedy that the party seeks.
Sample 1
Delivering a dispute notice. (a) If Simcere and Xxxxx have been unable to resolve any dispute arising between them in relation to any underpayment or overpayment reported by an Auditor under Section 5.11(d) (a “Financial Dispute”), then Simcere or Xxxxx may refer the Financial Dispute to an Expert for determination in accordance with this this Exhibit H. (b) For the purposes of this Exhibit H, the Expert is a person: (i) having appropriate qualifications and experience relevant to determining the Financial Dispute; (ii) who is agreed by the Parties or, failing agreement within five (5) business days, is nominated at the request of any Party by the Chinese Institute of Certified Public Accountants (“CICPA”) in accordance with CICPA’s rules and procedures (Rules); and (iii) who does not act, or whose firm does not act, generally for any Party.
Sample 1
Delivering a dispute notice. (a) If Oasmia and Xxxxx have been unable to resolve any dispute arising between them in relation to a Royalty Dispute within the period stated in clause 5.2(f), then Oasmia and Xxxxx may refer the Royalty Dispute to an Expert for determination in accordance with this Schedule 5. (b) For the purposes of this Schedule 5, the Expert is a person: (i) having appropriate qualifications and experience relevant to determining the Royalty Dispute; (ii) who is agreed by the parties or, failing agreement within 5 Business Days, is nominated at the request of any party by the Resolution Institutein accordance with the Resolution Institute Expert Determination Rules (Rules); and (iii) who does not act, or whose firm does not act, generally for any party.
Sample 1
Delivering a dispute notice. (a) If the Main Sellers and the Management Sellers and the Buyer have been unable to resolve any dispute arising between them regarding the calculation of the Adjustment Amount (including the preparation of the Completion Accounts) [***]/[---] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. and/or preparation of Tax returns in accordance with clause 10.2 (Dispute), then the Main Sellers and the Management Sellers and the Buyer must refer the Dispute to an Expert for determination in accordance with this clause 22. (b) This clause is limited to only Disputes. Any other disputes between the parties must be dealt with in accordance with clause 23.14. (c) For the purposes of this clause, the Expert means Ernst and Young Paris or if they are unable to act, an independent accounting firm of similar standing appointed jointly by the Main Sellers and the Management Sellers and the Buyer or, failing agreement within 5 Business Days following notification by Ernst and Young Paris that they are unable to act, appointed at the request of the Main Sellers and the Management Sellers or the Buyer by the International Centre of Expertise in accordance with the provisions for the appointment of experts under the Rules for Expertise of the International Chamber of Commerce (“ICC”).
Sample 1
Delivering a dispute notice. (a) If the Sellers and the Buyer have been unable to resolve any dispute arising between them in relation to matters set out in clauses 4.8, 23.1 or 28.4 within 10 Business Days (Dispute), then the Sellers and the Buyer must refer the Dispute to an Expert for determination in accordance with this clause 21. (b) For the purposes of this clause, the Expert is a person: (i) having appropriate qualifications and experience relevant to determining the Dispute; (ii) who is agreed by the parties or, failing agreement within 5 Business Days, is nominated at the request of the Buyer or the Sellers by the President of the Institute of Chartered Accountants (New South Wales); and (iii) who does not act, or whose firm does not act, generally for any party.
Sample 1

Related to Delivering a dispute notice

  • Dispute Notice If there is a dispute between the parties, then either party may give a notice to the other succinctly setting out the details of the dispute and stating that it is a dispute notice given under this clause 17.1.

  • Sending a Claim Notice Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to xxxxxxxxxxxxxxx.xxx/ claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

  • Notice of Dispute The party wishing to commence the dispute resolution process must give written notice (Notice of Dispute) to the other parties of: (a) The nature of the dispute, (b) The alleged basis of the dispute, and (c) The position which the party issuing the Notice of Dispute believes is correct.

  • Arbitration Notice BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

  • Claim Notice A Party that seeks indemnity under this Article X (an “Indemnified Party”) will give written notice (a “Claim Notice”) to the Party from whom indemnification is sought (an “Indemnifying Party”), whether the Damages sought arise from matters solely between the Parties or from Third Party Claims. The Claim Notice must contain (i) a description and, if known, estimated amount (the “Claimed Amount”) of any Damages incurred or reasonably expected to be incurred by the Indemnified Party, (ii) a reasonable explanation of the basis for the Claim Notice to the extent of facts then known by the Indemnified Party, and (iii) a demand for payment of those Damages. No delay or deficiency on the part of the Indemnified Party in so notifying the Indemnifying Party will relieve the Indemnifying Party of any liability for Damages or obligation hereunder except to the extent of any Damages caused by or arising out of such failure.

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out: (i) in sufficient detail the underlying Force Majeure Event; (ii) the Termination Date which shall be a date occurring not earlier than 60 (sixty) days from the date of Termination Notice; (iii) the estimated Termination Payment including the details of computation thereof and; (iv) any other relevant information.

  • Notice of Objection Contractor may object to any action taken by NYSERDA pursuant to this Exhibit that prevents the commencement of the time in which interest will be paid by submitting a written notice of objection to NYSERDA. Such notice shall be signed and dated and concisely and clearly set forth the basis for the objection and be addressed to the Vice President, New York State Energy Research and Development Authority, at the notice address set forth in Exhibit B to this Agreement. The Vice President of NYSERDA, or his or her designee, shall review the objection for purposes of affirming or modifying NYSERDA‘s action. Within fifteen (15) working days of the receipt of the objection, the Vice President, or his or her designee, shall notify the Contractor either that NYSERDA‘s action is affirmed or that it is modified or that, due to the complexity of the issue, additional time is needed to conduct the review; provided, however, in no event shall the extended review period exceed thirty (30) working days.

  • Legal Action Notice A prompt report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, One Hundred Thousand Dollars ($100,000) or more; and

  • Billing and Payment; Disputed Amounts 9.1 Except as otherwise provided in this Agreement, each Party shall submit to the other Party on a monthly basis in an itemized form, statement(s) of charges incurred by the other Party under this Agreement. 9.2 Except as otherwise provided in this Agreement, payment of amounts billed for Services provided under this Agreement, whether billed on a monthly basis or as otherwise provided in this Agreement, shall be due, in immediately available U.S. funds, on the later of the following dates (the “Due Date”): (a) the due date specified on the billing Party’s statement; or (b) twenty (20) days after the date the statement is received by the billed Party. Payments shall be transmitted by electronic funds transfer. 9.3 If any portion of an amount billed by a Party under this Agreement is subject to a good faith dispute between the Parties, the billed Party shall give notice to the billing Party of the amounts it disputes (“Disputed Amounts”) and include in such notice the specific details and reasons for disputing each item. A Party may also dispute prospectively with a single notice a class of charges that it disputes. Notice of a dispute may be given by a Party at any time, either before or after an amount is paid, and a Party’s payment of an amount shall not constitute a waiver of such Party’s right to subsequently dispute its obligation to pay such amount or to seek a refund of any amount paid. The billed Party shall pay by the Due Date all undisputed amounts. Billing disputes shall be subject to the terms of Section 14, Dispute Resolution. 9.4 Charges due to the billing Party that are not paid by the Due Date, shall be subject to a late payment charge. The late payment charge shall be in an amount specified by the billing Party which shall not exceed a rate of one-and- one-half percent (1.5%) of the overdue amount (including any unpaid previously billed late payment charges) per month. 9.5 Although it is the intent of both Parties to submit timely statements of charges, failure by either Party to present statements to the other Party in a timely manner shall not constitute a breach or default, or a waiver of the right to payment of the incurred charges, by the billing Party under this Agreement, and, except for assertion of a provision of Applicable Law that limits the period in which a suit or other proceeding can be brought before a court or other governmental entity of appropriate jurisdiction to collect amounts due, the billed Party shall not be entitled to dispute the billing Party’s statement(s) based on the billing Party’s failure to submit them in a timely fashion.

  • CAFA Notice Pursuant to 28 U.S.C. § 1715, not later than ten (10) days after the Agreement is filed with the Court, the Settlement Administrator shall cause to be served upon the Attorneys General of each U.S. State in which Settlement Class members reside, the Attorney General of the United States, and other required government officials, notice of the proposed settlement as required by law, subject to Paragraph 5.1 below.

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