Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to HOLDINGS of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and HOLDINGS shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and HOLDINGS by the 30th day following HOLDINGS’ receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS and fifty percent (50%) by MLP. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 11 contracts
Samples: Contribution Agreement, Contribution Agreement, Contribution Agreement
Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLPBuyer, unless prior to such date MLP Buyer delivers written notice to HOLDINGS Seller of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLPBuyer’s proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP Buyer proposes such changes. If MLP Buyer has timely delivered a Settlement Notice, MLP Buyer and HOLDINGS Seller shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP Buyer and HOLDINGS Seller by the 30th day following HOLDINGS’ Seller’s receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS Seller and fifty percent (50%) by MLPBuyer. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (DCP Midstream Partners, LP)
Dispute Procedures. The Final Settlement Statement Statements shall become final and binding on the Parties on the 45th day following the date the each Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to HOLDINGS or MIDSTREAM of its disagreement with the such Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s proposed changes to the a Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and HOLDINGS or MIDSTREAM shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and HOLDINGS or MIDSTREAM by the 30th day following HOLDINGS’ or MIDSTREAM’S, receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS or MIDSTREAM, as the case may be, and fifty percent (50%) by MLP. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 2 contracts
Samples: Contribution Agreement, Contribution Agreement (DCP Midstream Partners, LP)
Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties DEFS and BUYER on the 45th 20th day following the date the Final Settlement Statement is received by MLPBUYER, unless prior to such date MLP BUYER delivers written notice to HOLDINGS DEFS of its disagreement with the Final Settlement Statement (a “"Settlement Notice”"). Any Settlement Notice shall set forth MLP’s BUYER's proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP BUYER proposes such changes. If MLP BUYER has timely delivered a Settlement Notice, MLP BUYER and HOLDINGS DEFS shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP BUYER and HOLDINGS DEFS by the 30th day following HOLDINGS’ DEFS' receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten five (105) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS DEFS and fifty percent (50%) by MLPBUYER. The Independent Accountants’ ' determination of the disputed items shall be final and binding upon the Parties, BUYER and DEFS and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal. The Independent Accountants shall only have the right to determine the amounts of any items that are to be reflected on the Final Settlement Statement and not to interpret any other provision of this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Crosstex Energy Lp), Purchase and Sale Agreement (Regency Energy Partners LP)
Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLPDCP, unless prior to such date MLP DCP delivers written notice to HOLDINGS of its disagreement with the Final Settlement Statement (a “"Settlement Notice”"). Any Settlement Notice shall set forth MLP’s DCP's proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP DCP proposes such changes. If MLP DCP has timely delivered a Settlement Notice, MLP DCP and HOLDINGS shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP DCP and HOLDINGS by the 30th day following HOLDINGS’ ' receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS and fifty percent (50%) by MLPDCP. The Independent Accountants’ ' determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 2 contracts
Samples: Contribution Agreement, Contribution Agreement (DCP Midstream Partners, LP)
Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLPBuyer, unless prior to such date MLP Buyer delivers written notice to HOLDINGS Seller of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s Buyer's proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP Buyer proposes such changes. If MLP Buyer has timely delivered a Settlement Notice, MLP Buyer and HOLDINGS Seller shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP Buyer and HOLDINGS Seller by the 30th day following HOLDINGS’ Seller's receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS Seller and fifty percent (50%) by MLPBuyer. The Independent Accountants’ ' determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 1 contract
Samples: Purchase and Sale Agreement (DCP Midstream Partners, LP)
Dispute Procedures. The Final Settlement Statement Statements shall become final and binding on the Parties on the 45th day following the date the each Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to HOLDINGS or MIDSTREAM of 17 its disagreement with the such Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s proposed changes to the a Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and HOLDINGS or MIDSTREAM shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and HOLDINGS or MIDSTREAM by the 30th day following HOLDINGS’ or MIDSTREAM’S, receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS or MIDSTREAM, as the case may be, and fifty percent (50%) by MLP. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 1 contract
Samples: Contribution Agreement
Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to HOLDINGS MIDSTREAM of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s 's proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and HOLDINGS MIDSTREAM shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and HOLDINGS MIDSTREAM by the 30th day following HOLDINGS’ MIDSTREAM's receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by HOLDINGS MIDSTREAM and fifty percent (50%) by MLP. The Independent Accountants’ ' determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 1 contract
Samples: Purchase and Sale Agreement (DCP Midstream Partners, LP)
Dispute Procedures. The Final Settlement Statement shall become final and binding on the Parties on the 45th day following the date the Final Settlement Statement is received by MLP, unless prior to such date MLP delivers written notice to GSR HOLDINGS of its disagreement with the Final Settlement Statement (a “Settlement Notice”). Any Settlement Notice shall set forth MLP’s proposed changes to the Final Settlement Statement, including an explanation in reasonable detail of the basis on which MLP proposes such changes. If MLP has timely delivered a Settlement Notice, MLP and GSR HOLDINGS shall use good faith efforts to reach written agreement on the disputed items. If the disputed items have not been resolved by MLP and GSR HOLDINGS by the 30th day following GSR HOLDINGS’ receipt of a Settlement Notice, any remaining disputed items shall be submitted to the Independent Accountants for resolution within ten (10) Business Days after the end of the foregoing 30-day period. The fees and expenses of the Independent Accountants shall be borne fifty percent (50%) by GSR HOLDINGS and fifty percent (50%) by MLP. The Independent Accountants’ determination of the disputed items shall be final and binding upon the Parties, and the Parties hereby waive any and all rights to dispute such resolution in any manner, including in court, before an arbiter or appeal.
Appears in 1 contract
Samples: Contribution and Sale Agreement (DCP Midstream Partners, LP)