Disbursement Dispute Procedures Sample Clauses

Disbursement Dispute Procedures. If the Owner’s Representative determines, pursuant to subsection (B) of this Section, that the Design-Build Work required for any payment has not progressed as indicated by the Design-Builder, or otherwise disputes any Requisition, the Owner’s Representative shall provide prompt written notice to the Design- Builder and the Owner as to the Owner’s Representative’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder may make the necessary corrections and resubmit a certified Requisition to the Owner’s Representative, or the Owner’s Representative may agree on a revised amount, Requisition or estimate, as applicable, in which case the Design-Builder shall promptly notify the Owner of such agreement. If the Design-Builder is unable to reach agreement with the Owner’s Representative as to the progress of the Design-Build Work, the Design-Builder may exercise its right to contest the Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures). Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if (1) the Design-Builder demonstrates to the Owner’s Representative that the Design- Build Work has proceeded as indicated in the certified Requisition giving rise to the dispute or that any disputed certified Requisition is correct, and (2) the Owner’s Representative concurs with such demonstration. The Design-Builder shall not be entitled to payment of the amount so requisitioned and disputed except upon resolution of the dispute in accordance with this subsection; provided, however, that the Owner shall pay all requisitioned amounts which are not in dispute in accordance with subsection (B) of this Section. In the event that upon resolution of any such dispute, it is determined that the Design-Builder was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder shall be entitled to receive, promptly following such resolution, such disputed amount plus interest on such disputed amount for the period of dispute calculated in accordance with Section 11.7 (Interest on Overdue Obligations).
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Disbursement Dispute Procedures. If the Project Manager determines, pursuant to subsection (B) (Construction Disbursement Procedure) of this Section, that the work required for any payment has not progressed as indicated by the DBOM Contractor, or otherwise disputes any Requisition, the Project Manager shall provide prompt written notice to the DBOM Contractor and the BWS as to the Project Manager’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the DBOM Contractor may make the necessary corrections and resubmit a certified Requisition to the Project Manager, or the Project Manager may agree on a revised amount, Requisition or estimate, as applicable, in which case the DBOM Contractor shall promptly notify the BWS of such agreement. If the DBOM Contractor is unable to reach agreement with the Project Manager as to the progress of work, the DBOM Contractor may exercise its right to contest the Project Manager’s determination in accordance with the dispute resolution procedures set forth in Section 16.3 (Authority to Resolve Contract and Breach of Contract Controversies). Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if (1) the DBOM Contractor demonstrates to the Project Manager that the work has proceeded as indicated in the certified Requisition giving rise to the dispute or that any disputed certified Requisition is correct, and (2) the Project Manager concurs with such demonstration. The DBOM Contractor shall not be entitled to payment of the amount so requisitioned and disputed except upon resolution of the dispute in accordance with this subsection. In the event that upon resolution of any such dispute, it is determined that the DBOM Contractor was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the DBOM Contractor shall be entitled to receive, promptly following such resolution, such disputed amount plus interest on such disputed amount for the period of dispute calculated at the Overdue Rate.
Sample 1
Disbursement Dispute Procedures. If the SRWA Construction Manager or SRWA Engineer determine, pursuant to subsection (D), that the Design-Build Work required for any payment has not progressed as indicated by the Company, or otherwise disputes any Requisition, the SRWA Construction Manager or SRWA Engineer shall provide prompt written notice to the Company as to the SRWA Construction Manager’s or SRWA Engineer’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such notice, the Company may make the necessary corrections or changes and resubmit a certified Requisition to the SRWA Construction Manager or SRWA Engineer, as applicable, or SRWA and Company otherwise may agree on a revised Requisition amount to be paid. If the Company is unable to reach agreement with the SRWA Construction Manager or SRWA Engineer, as applicable, as to the progress of the Design- Build Work, the Company may exercise its right to contest the SRWA Construction Manager’s or SRWA Engineer’s, as applicable, determination in accordance with Section 7.10 (Dispute Resolution Procedures) and Appendix 14 (Resolution of Company Claims). In the event that upon resolution of any such dispute, it is determined that the Company was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Company shall be entitled to receive, promptly following such resolution, such disputed amount plus interest on such disputed amount for the period of dispute calculated at the rate set forth in California Code of Civil Procedure Section 685.010.
Sample 1

Related to Disbursement Dispute Procedures

  • Audit Dispute In the event of a dispute with respect to any audit under Section 4.10, AbbVie and Licensee 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 [***], the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s accountants or to such other Person as the Parties shall mutually agree (the “Audit Arbitrator”). The decision of the Audit Arbitrator 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 Audit Arbitrator shall determine. Not later than [***] after such decision and in accordance with such decision, Licensee shall pay the additional amounts, with interest from the date originally due as provided in Section 4.9, or AbbVie shall reimburse the excess payments, as applicable.

  • Direct Claim Procedures In the event an Indemnified Party has a claim for indemnity under Section 7.02 against the Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party agrees to give notice in writing of such claim to the Indemnifying Party. Such notice shall set forth in reasonable detail such claim and the basis for indemnification (taking into account the information then available to the Indemnified Party). The failure to so notify the Indemnifying Party shall not relieve the Indemnifying Party of its obligations hereunder, except to the extent such failure shall have actually materially and adversely prejudiced the Indemnifying Party. If the Indemnifying Party does not notify the Indemnified Party within thirty (30) days following the receipt of a notice with respect to any such claim that the Indemnifying Party disputes its indemnity obligation to the Indemnified Party for any Losses with respect to such claim, such Losses shall be conclusively deemed a liability of the Indemnifying Party and the Indemnifying Party shall promptly pay to the Indemnified Party any and all Losses arising out of such claim. If the Indemnifying Party has timely disputed its indemnity obligation for any Losses with respect to such claim, the parties shall proceed in good faith to negotiate a resolution of such dispute and, if not resolved through such negotiations, such dispute shall be resolved by arbitration determined pursuant to Section 9.06.

  • Termination Procedures and Compensation During Dispute 7.1. After a Change in Control and during the term of this Agreement, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section 10 hereof. For purposes of this Agreement, a "

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Claim Procedures Claim forms or claim information as to the subject policy can be obtained by contacting Benmark, Inc. (800-544-6079). When the Named Fiduciary has a claim which may be covered under the provisions described in the insurance policy, they should contact the office named above, and they will either complete a claim form and forward it to an authorized representative of the Insurer or advise the named Fiduciary what further requirements are necessary. The Insurer will evaluate and make a decision as to payment. If the claim is payable, a benefit check will be issued in accordance with the terms of this Agreement. In the event that a claim is not eligible under the policy, the Insurer will notify the Named Fiduciary of the denial pursuant to the requirements under the terms of the policy. If the Named Fiduciary is dissatisfied with the denial of the claim and wishes to contest such claim denial, they should contact the office named above and they will assist in making an inquiry to the Insurer. All objections to the Insurer's actions should be in writing and submitted to the office named above for transmittal to the Insurer.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute.

  • Arbitration Procedures In the event that the employee and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein:

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Election and Proration Procedures (a) An election form and other appropriate and customary transmittal materials (which shall specify that delivery shall be effected, and risk of loss and title to the certificates theretofore representing Seller Stock shall pass only upon delivery of such certificates to the Exchange Agent) in such form as Company and Seller shall mutually agree (“Election Form”) shall be mailed no less than 35 days prior to the anticipated Effective Time or on such other date as Seller and Company shall mutually agree (“Mailing Date”) to each holder of record of Seller Stock as of five Business Days prior to the Mailing Date (“Election Form Record Date”). Company shall make available one or more Election Forms as may be reasonably requested by all persons who become holders (or beneficial owners) of Seller Stock after the Election Form Record Date and prior to the Election Deadline (as defined below), and Seller shall provide to the Exchange Agent all information reasonably necessary for it to perform its obligations as specified herein. Each Election Form shall permit the holder (or the beneficial owner through appropriate and customary documentation and instructions) to elect (an “Election”) to receive either (i) Company Stock (a “Stock Election”) with respect to all of such holder’s Seller Stock, (ii) cash (a “Cash Election”) with respect to all of such holder’s Seller Stock, or (iii) a specified number of shares of Seller Stock to receive Company Stock (a “Combination Stock Election”) and a specified number of shares of Seller Stock to receive cash (a “Combination Cash Election”), subject to the provisions contained in this Agreement. Any Seller Stock (other than Seller Dissenting Shares) with respect to which the holder (or the beneficial owner, as the case may be) shall not have submitted to the Exchange Agent, an effective, properly completed Election Form received prior to the Election Deadline shall be deemed to be “Undesignated Shares” hereunder.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

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