Delivery Dispute Clause Samples

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...

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.