Dispute Resolution by the Parties. If the Committee cannot agree on a resolution, the matter will be referred to the Parties for resolution. The Parties will provide a decision within 60 Business Days of the Notice.
Dispute Resolution by the Parties. If Seller delivers a Dispute Notice to Buyer within the required fifteen (15) day period, Buyer and Seller shall use reasonable efforts to resolve their differences concerning the Items of Dispute, and if any Item of Dispute is so resolved, the Closing Statement shall be modified as necessary to reflect such resolution. If all Items of Dispute are so resolved, the Closing Statement (as so modified) shall be conclusive and binding on all Parties.
Dispute Resolution by the Parties. If the Seller Shareholder Representative delivers a Dispute Notice to Buyer within the required thirty (30) day period, Buyer and the Seller Shareholder Representative shall use reasonable best efforts to resolve their differences concerning the Items of Dispute, and if any Item of Dispute is so resolved, the Earn-Out Statement shall be modified as necessary to reflect such resolution. If all Items of Dispute are so resolved, the Earn-Out Statement (as so modified) shall be conclusive and binding on all Parties.
Dispute Resolution by the Parties. Any and all disputes regarding either Party's performance of its obligations under this Agreement are to be resolved by the Project Managers who shall each be responsible for apprising the appropriate persons within their respective organizations of any such dispute and the progress, if any, made toward its resolution. Notwithstanding the foregoing, if any dispute hereunder remains unresolved for more than 10 business days following the initial written notice from one Project Manager to the other, either Project Manager may cause, by written notice to the other (such written notice to include a detailed description, including supporting documentation, of the claim from which the dispute arises), such dispute to be referred to the Authority’s Contracting Officer (in each case Authority’s Chief Information Officer, and in the absence of the same Authority’s Chief Executive Officer) and to the of Contractor. If, 10 business days after such referral to such designated representatives, the dispute remains unresolved, either such designated representative may cause the dispute to be referred to the Chief Executive Officer of Authority and to the of Contractor. Disputes arising in the performance of this Agreement which are not resolved within 10 business days by the Chief Executive Officer of Authority and the of Contractor shall be decided in writing by Authority’s Contracting Officer. This decision shall be final and conclusive unless within 10 business days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to Authority’s Contracting Officer. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of Authority’s Contracting Officer shall be final and binding upon Contractor and Contractor shall abide by, and perform in accordance with, such decision. Notwithstanding the foregoing, following completion of the process set forth above, nothing in Sections 13.1 shall be construed to limit or restrict either Party’s ability to seek relief in accordance with Section 13.3 of this Agreement.
Dispute Resolution by the Parties. Any and all disputes regarding either party' s performance of its obligations under this Agreement are to be resolved by the Project Managers who shall each be responsible for apprising the appropriate persons within their respective organizations of any such dispute and the progress, if any, made toward its resolution. Notwithstanding the foregoing, if any dispute hereunder remains unresolved for more than 10 days following the initial written notice from one Project Manager to the other, either Project Manager may cause, by written notice to the other (such written notice to include a detailed description, including supporting documentation, of the claim from which the dispute arises), such dispute to be referred to the Authority’s Contracting Officer (in each case Authority’s Assistant General Manager of , and in the absence of the same Authority’s Chief Executive Officer) and to the of Contractor. If, 10 days after such referral to such designated representatives, the dispute remains unresolved, either such designated representative may cause the dispute to be referred to the Chief Executive Officer of Authority and to the of Contractor.
Dispute Resolution by the Parties. If the Company delivers a Dispute Notice to Buyer within the required twenty (20) day period, Buyer and the Company shall use reasonable best efforts to resolve their differences concerning the Items of Dispute, and if any Item of Dispute is so resolved, the Earn-Out Statement shall be modified as necessary to reflect such resolution. If all Items of Dispute are so resolved, the Earn-Out Statement (as so modified) shall be conclusive and binding on all Parties.
Dispute Resolution by the Parties. The Parties shall attempt to resolve any claims, disputes and other controversies arising out of or relating to this Agreement (collectively, “Disputes”) promptly by negotiation between executives who have authority to settle the Dispute. A Party may give the other Party written notice of a Dispute which has not been resolved in the normal course of business. Such notice shall include: (a) a statement of that Party’s position and a summary of arguments supporting such position, and (b) the name and title of the executive who will be representing that Party and of any other person who will accompany the executive. Within five (5) Business Days after delivery of the notice, the receiving Party shall respond with (a) a statement of that Party’s position and a summary of arguments supporting such position, and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within ten (10) Business Days after delivery of the initial notice, the executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. All negotiations pursuant to this clause are to be deemed confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
Dispute Resolution by the Parties. (i) The Surviving Corporation shall have 15 days following receipt of the Preliminary Closing Balance Sheet in which to notify the Sellers of any dispute of any item contained therein, which notice shall set forth in reasonable detail the basis for such dispute. The Surviving Corporation and Sellers shall cooperate in good faith to resolve any dispute as promptly as possible, and upon such resolution, the Preliminary Closing Balance Sheet shall be revised in accordance with the agreement of the Surviving Corporation and Sellers, and shall thereupon become the "FINAL CLOSING BALANCE SHEET" and shall become final and binding upon the Surviving Corporation and Sellers.
Dispute Resolution by the Parties. (i) For each Year during the Earnout Period, the Sellers shall have 30 days following the delivery of the Preliminary UDS Division Income Statement and the Preliminary Operating Income Determination in which to notify the Surviving Corporation of any dispute of any item contained therein, which notice shall set forth in reasonable detail the basis for such dispute. The Surviving Corporation and Sellers shall cooperate in good faith to resolve any dispute as promptly as possible, and upon such resolution, the Preliminary UDS Division Income Statement and the Preliminary Operating Income Determination shall be revised in accordance with the agreement of the Surviving Corporation and Sellers, and shall thereupon become the "FINAL UDS DIVISION INCOME STATEMENT" and "FINAL OPERATING INCOME DETERMINATION," respectively, and shall become final and binding upon the Surviving Corporation and Sellers.
Dispute Resolution by the Parties. If the Representative delivers the Dispute Notice to Buyer within the required 30-day period, Buyer and the Representative shall use reasonable efforts to resolve their differences concerning the Items of Dispute, and if any Item of Dispute is so resolved, the Closing Statement shall be modified as necessary to reflect such resolution; provided that no Item of Dispute shall be resolved so that it is more than the amount thereof shown in the calculation delivered by the Representative nor less than the amount thereof shown in the calculation delivered by Buyer. If all Items of Dispute are so resolved, the Closing Statement (as so modified) shall be conclusive and binding on all Parties.
