Delivery Dispute Sample Clauses

Delivery Dispute. 8 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
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Delivery Dispute. A Delivery Protest Notice by College must contain (i) a reasonably detailed list of the items required for the Work to be Substantially Complete and (ii) a certification from College that no Excused Late Delivery has occurred, that there is a dispute about the occurrence of an Excused Late Delivery or that the period of the Excused Late Delivery has expired. Until the earliest of (a) delivery of written instructions by both MACQ and College to Escrow Agent authorizing payment of the balance of the Escrow Deposit to MACQ, (b) delivery of the disposition of a dispute by Arbiter (as hereinafter defined) in favor of MACQ regarding the occurrence of Substantial Completion or (c) a Delivery Notice which is not the subject of a Delivery Protest Notice, commencing on October 1, 2014 (or such applicable later date in the event of an Excused Late Delivery) and on the first day of each calendar month thereafter until the earliest of the date a Notice of Delivery is received that is not the subject of a Delivery Protest Notice or the Escrow Deposit is depleted, (i) first pay One Hundred Fifty-Three Thousand Three Hundred Thirty Three and 33/100 Dollars ($153,333.33) of the Escrow Deposit into the account retained by Escrow Agent under the Lockbox Agreement which shall be used first to pay the then-current payments due under the Loan, and then disbursed as permitted under the Lockbox Agreement (the "Base Monthly Payment") and (ii) then pay or reimburse College for any Misallocated Additional Rent paid or incurred by College that is evidenced by a certification to MACQ and Escrow Agent by College that such Misallocated Additional Rent was paid or incurred by College. "Misallocated Additional Rent" means the costs, expenses and other amounts that would have been paid or incurred by MACQ under Sections 5, 8 and 9 of the Ground Lease, but for the time limitation of the Building A Commencement Date (as defined in the Ground Lease), that are actually paid or incurred by College under the Lease after the Outside Delivery Date and before the Delivery Date (as defined in the Lease). College shall deliver in connection with the certification required above, reasonable proof of having paid or incurred Misallocated Additional Rent. In the event the Substantial Completion Date falls in a month in which Escrow Agent has previously disbursed the Base Monthly Payment to the account retained by Escrow Agent under the Lockbox Agreement, College shall, within five (5) days after notice f...
Sample 1
Delivery Dispute. In the event of a dispute between the Parties as to the condition of the Vessel for Delivery or the obligation of Owner to accept Delivery, all charges relating to the insurance, storage or maintenance of the Vessel during the dispute will be paid by Builder, with final responsibility for such costs to be determined by good faith discussion, mediation, and/or arbitration as provided in Article 27.
Sample 1

Related to Delivery Dispute

  • Dispute In the event of any disagreement between the undersigned or the person or persons named in the instructions contained in this Agreement, or any other person, resulting in adverse claims and demands being made in connection with or for any papers, money or property involved herein, or affected hereby, the Escrow Agent shall be entitled to refuse to comply with any demand or claim, as long as such disagreement shall continue, and in so refusing to make any delivery or other disposition of any money, papers or property involved or affected hereby, the Escrow Agent shall not be or become liable to the undersigned or to any person named in such instructions for its refusal to comply with such conflicting or adverse demands, and the Escrow Agent shall be entitled to refuse and refrain to act until: (a) the rights of the adverse claimants shall have been fully and finally adjudicated in a Court assuming and having jurisdiction of the parties and money, papers and property involved herein or affected hereby, or (b) all differences shall have been adjusted by agreement and the Escrow Agent shall have been notified thereof in writing, signed by all the interested parties.

  • 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.

  • Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.

  • Xxxxxxx Money Dispute Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of the Xxxxxxx Money that the matter shall be submitted to mediation as provided in Section XXIII.

  • Deadlock Unless otherwise expressly set forth herein, in the event the Members are unable to reach agreement on or make a decision with respect to any matter on which the Members are entitled to vote, the matter shall be subject to the Internal Dispute Resolution Procedure described in Article 13 hereof.

  • 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.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • Audit Dispute In the event of a dispute with respect to any audit conducted under Section 6.10.1, Xxxxxxx and Forest shall work in good faith to resolve the disagreement. If the Parties are unable to reach a mutually acceptable resolution of any such dispute within [*] days, the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s certified public accountants or to such other Person as the Parties shall mutually agree (the “Accountant”). The decision of the Accountant shall be final and the costs of such arbitration as well as the initial audit shall be borne between the Parties in such manner as the Accountant shall determine. If the Accountant concludes that additional payments were owed, or that excess payments were made during such period, then the Party owing such additional payments shall pay such additional amounts, or the Party that received such excess payments shall reimburse such excess payments, as applicable, in either case, within [*] days after the date on which such decision is made by the Accountant.

  • Settlement of Dispute The parties shall strive to settle any dispute arising from, out of or in connection with the interpretation or performance of this Agreement through friendly negotiation. In case no settlement can be reached through negotiation within six months, each party can submit such matter to China International Economic and Trade Arbitration Commission (the "CIETAC"). The arbitration shall follow the current rules of CIETAC. The arbitration award shall be final and binding upon the parties and shall be enforceable in accordance with its terms.

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