Common use of Disputed Bills Clause in Contracts

Disputed Bills. (x) Any dispute by an Operator of the accuracy of any amount or calculation shown on any Bill shall be described and specified in reasonable detail ix x Dispute Letter from such Operator to CRC and the other Operator within two years after the date of such Bill. (ii) Any amounts or calculations shown xx any Bill which are not disputed in accordance with Section 9(g)(x) xhall conclusively be deemed to be accurate and shall be binding on each Operator and CRC. (iii) CRC and both Operators shall promptly endeavor to resolve the disputes described in each Dispute Letter, and if they fail to agree to a resolution of such disputes within 60 days of the delivery of such Dispute Letter to CRC, then the firm of independent public accountants which has been engaged as auditors for CRC shall be engaged to resolve such disputes in accordance with GAAP and the USOA, as modified by the Accounting Plan, and the written resolution of such disputes signed by such accounting firm shall be binding on each Operator and CRC. (iv) Any adjustments to Bills which result from the resolution of Dispute Letter disputes shall be reflected as charges or credits on the first Bills delivered by CRC to the Operators after such disputes have been resolved.

Appears in 6 contracts

Samples: Operating Agreement (CSX Corp), Operating Agreement (CSX Transportation Inc), Operating Agreement (CSX Corp)

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Disputed Bills. (xi) Any dispute by an Operator of the accuracy of any amount or calculation shown on any Bill Xxxx shall be described and specified in reasonable detail ix x in a Dispute Letter from such Operator to CRC and the other Operator within two years after the date of such BillXxxx. (ii) Any amounts or calculations shown xx on any Bill Xxxx which are not disputed in accordance with Section 9(g)(x9(g)(i) xhall shall conclusively be deemed to be accurate and shall be binding on each Operator and CRC. (iii) CRC and both Operators shall promptly endeavor to resolve the disputes described in each Dispute Letter, and if they fail to agree to a resolution of such disputes within 60 days of the delivery of such Dispute Letter to CRC, then the firm of independent public accountants which has been engaged as auditors for CRC shall be engaged to resolve such disputes in accordance with GAAP and the USOA, as modified by the Accounting Plan, and the written resolution of such disputes signed by such accounting firm shall be binding on each Operator and CRC. (iv) Any adjustments to Bills which result from the resolution of Dispute Letter disputes shall be reflected as charges or credits on the first Bills delivered by CRC to the Operators after such disputes have been resolved.

Appears in 2 contracts

Samples: Operating Agreement (Norfolk Southern Corp), Operating Agreement (Norfolk Southern Railway Co/Va)

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Disputed Bills. (xi) Any dispute by an Operator of the accuracy of any amount or calculation shown on any Bill Xxxx shall be described and specified in reasonable detail ix x in a Dispute Letter from such Operator to CRC and the other Operator within two years after the date of such BillXxxx. (ii) Any amounts or calculations shown xx on any Bill Xxxx which are not disputed in accordance with Section 9(g)(x9(g)(i) xhall shall conclusively be deemed to be accurate and shall be binding on each Operator and CRC. (iii) CRC and both Operators shall promptly endeavor to resolve the disputes described in each Dispute Letter, and if they fail to agree to a resolution of such disputes within 60 days of the delivery of such Dispute Letter to CRC, then the firm of independent public accountants which has been engaged as auditors for CRC shall be engaged to resolve such disputes in accordance with GAAP and the USOA, as modified by the Accounting Plan, and the written resolution of such disputes signed by such accounting firm shall be binding on each Operator and CRC. (iv) Any adjustments to Bills which result from the resolution of Dispute Letter disputes shall be reflected as charges or credits on the first Bills delivered by CRC to the Operators after such disputes have been resolved. (v) The fees in connection with the resolution of any Dispute Letter disputes of the accounting firm which has been engaged as auditor for CRC shall be paid fifty percent (50%) by CSXT and fifty percent (50%) by NSR.

Appears in 1 contract

Samples: Operating Agreement (Norfolk Southern Corp)

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