Determination of Dispute. If the determination of any dispute conducted pursuant to clause 28.7 (Dispute) shows that: the Authority has withheld any amount which the Contractor was entitled to be paid; or the Contractor has claimed under clause 28 (Payment Provisions) any amount which it was not entitled to be paid the Authority shall pay such amount to the Contractor or the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay the Authority) or from the date on which over-payment was made (in the case of excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgment. 29TAXATION
Determination of Dispute. If the determination of any dispute referred to in Clause 33.4 shows that:
33.5.1 the Authority has withheld any amount which the Contractor was entitled to be paid; or
33.5.2 the Contractor has claimed under Clause 33.2 any amount which it was not entitled to be paid, the Authority shall pay to the Contractor any amount which the Contractor is entitled to be paid or, if the Contractor has been paid an amount which it was not entitled to be paid, the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay by the Authority) or from the date on which over payment was made (in the case of excess claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgement.
Determination of Dispute. If the determination of any dispute conducted pursuant to clause 37.7 (Dispute) shows that: the Authority has withheld any amount which the Contractor was entitled to be paid; or the Contractor has claimed under clause 37.2 (Report and Invoice) any amount which it was not entitled to be paid, the Authority shall pay such amount to the Contractor or the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay by the Authority) or from the date on which over payment was made (in the case of excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgment. Rights of Set Off147 The Contractor shall not be entitled to retain or set off any amount due to the Authority by it, but the Authority may (subject to clause 55.2 (Set Off on Termination)) retain or set off any amount owed to it by the Contractor under this Agreement which has fallen due and payable against any amount due to the Contractor under this Agreement. Set Off and Disputed Amounts If the payment or deduction of any amount referred to in clause 37.9 (Rights of Set Off) is disputed then any undisputed element of that amount shall be paid and the disputed element shall be dealt with in accordance with the Dispute Resolution Procedure.
Determination of Dispute. Promptly, but no later than twenty (20) days after acceptance of his or her appointment as Unrelated Accountant, the Unrelated Accountant shall determine (it being understood that in making such determination, the Unrelated Accountant shall be functioning as an expert and not as an arbitrator), those Disputed Items and shall render a written report as to the resolution of the Disputed Items and the resulting computation of the Final Closing Cash, or the Final Closing Working Capital, as the case may be, which computation shall be conclusive and binding on the Parties. In the course of the Unrelated Accountant’s review, the Parties shall deliver written submissions to the Unrelated Accountant describing their respective positions. In addition, the parties shall be entitled to make oral presentations or arguments if either party so requests. In resolving any Disputed Item, the Unrelated Accountant (i) shall be bound by the provisions of this Section 2.4, (ii) may not assign a value to any item greater than the greatest value for such item claimed by either party or less than the lowest value for such item claimed by either party; provided, that if a value assigned to an item in dispute requires under GAAP that a corresponding or related adjustment or adjustments be made, the Unrelated Accountant shall have the authority to make such other adjustment or adjustments and (iii) may review (and the parties shall provide) any and all documents and records as the Unrelated Accountant deems appropriate. Upon receipt of the Unrelated Accountant’s written report, (A) the Preliminary Closing Balance Sheet, as modified to reflect the Unrelated Accountant’s determinations, shall be deemed accepted by, and such determinations shall be final and binding on, the Sellers’ Agent and Purchaser and enforceable as an arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, and (B) Purchaser shall prepare a schedule setting forth the calculation of the Final Closing Cash, the Final Closing Working Capital and the Final Purchase Price (each such calculation to be made in accordance with the procedures of this Agreement) and shall deliver such schedule to the Sellers’ Agent within ten (10) Business Days after Purchaser’s receipt of the Unrelated Accountant’s written report. The Unrelated Accountant’s fees and expenses shall be borne by Purchaser and the Sellers’ Agent in such proportion as the Unrelated Accountant may determine and, in the absence of such determi...
Determination of Dispute. (a) In so far as any dispute may arise between the parties with regard to the calculation of Revenue Share the parties will make available to the other all information, records and data held by them in respect of the Information Services which would have been given rise to the entitlement to Revenue Share and shall use all reasonable endeavours to agree the sum or sums due pursuant to the terms of this Agreement.
(b) Where such dispute shall arise from action taken or not taken by a UK Operator ZIM shall attempt to agree with the UK Operator the dispute that has arisen, making all reasonable representations that may have been communicated to ZIM by the Client
(c) ZIM shall use best efforts and shall act in good faith to ensure payment is made to Client in a timely and reliable manner. However, with that being said and subject to the remaining terms of this provision, there shall be no obligation on the part of ZIM to make any payment pursuant to sub-Clause 5.1.6 until such time as any dispute regarding the calculation of Revenue Share shall have been resolved to the reasonable satisfaction of the parties. Where such dispute shall relate to one or more of the UK Operators but not all of the companies comprised in the definition of UK Operators, ZIM's right to withhold payment under this sub-Clause shall only be in respect of that proportion of the Revenue Share as shall be due and is in dispute from the UK Operator(s) (or specifically from a portion thereof as applicable) who shall have refused to make payment to ZIM. All Revenue Share amounts due to Client by ZIM that are not in dispute shall be paid according to the normal payment schedule. ZIM will act in good faith in connection with the provisions of this sub-Clause and shall not progress or otherwise delay resolution of any dispute purely for the purposes of delay of payment. Further, this sub-Clause is applicable only to disputes that relate to traffic volume reporting for Bulk Messaging and/or Information Services Revenue. And in no event shall a delay in payment be due to actions or omissions of the same caused by ZIM.
(d) Where despite the using of reasonable endeavours to resolve any dispute the parties shall not be able to agree on the Revenue Share, then the UK Operator(s) records shall serve as final.
Determination of Dispute. If the determination of any dispute conducted pursuant to clause 37.7 (Dispute) shows that:
Determination of Dispute. In the event that the outcome of the Dispute Resolution Procedure, Expert determination or an agreement between the Parties is that any additional sums were due, the Concessionaire shall pay such sum within 7 Working Days together with interest thereon at the Prescribed Rate from the date on which such payment was due.
Determination of Dispute. In determining a dispute under this Licence, the Expert must:
18.2.1 have regard to the terms and conditions of this Licence;
18.2.2 invite and consider and have due regard to any written submissions made and/or any documented evidence provided by the parties supporting their contentions;
18.2.3 act as an Expert and not as an arbitrator; and
18.2.4 within 45 days of his appointment, provide the parties with its determination of the dispute in writing, including details of the basis for the determination.
Determination of Dispute. The adjudicator shall record his determination and the reasons for it in writing and shall give notice of the determination (including the record of the reasons) to the parties.
Determination of Dispute. Within 7 calendar days after receiving an explanation to show contrary Class Information, the Administrator shall consult with the Parties to determine whether an adjustment is warranted, make a determination regarding the amount of any Individual Settlement Payments, and inform the Class Member disputing the Class Information of the Administrator’s determination.
