Common use of Disputed Bxxx Clause in Contracts

Disputed Bxxx. 11.5.1 If a Party does not dispute a Weekly Bxxx, Provisional Bxxx or a Supplementary Bxxx raised by the other Party within thirty (30) days of receiving it, such bxxx shall be taken as conclusive. 11.5.2 If a Party disputes the amount payable under a Weekly Bxxx, Provisional Bxxx or a Supplementary Bxxx, as the case may be, that Party shall, within seven (7) days of receiving such bxxx, issue a notice (the “Bxxx Dispute Notice”) to the invoicing Party setting out: i. the details of the disputed amount; ii. its estimate of what the correct amount should be; and iii. all written material in support of its claim. 11.5.3 If the invoicing Party agrees to the claim raised in the Bxxx Dispute Notice issued pursuant to clause 11.5.2, the invoicing Party shall levies such bxxx within seven (7) days of receiving such notice and if the disputing Party has already made the excess payment, refund to the disputing Party such excess amount within fifteen (15) days of receiving such notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge which shall be applied from the date on which such excess payment was made to the invoicing Party and up to and including the date on which such payment has been received. 11.5.4 If the invoicing Party does not agree to the claim raised in the Bxxx Dispute Notice issued pursuant to clause 11.5.2, it shall, within fifteen (15) days of receiving the Bxxx Dispute Notice, furnish a notice to the disputing Party providing: i. reasons for its disagreement; ii. its estimate of what the correct amount should be; and iii. all written material in support of its counter-claim. 11.5.5 Upon receipt of notice of disagreement to the Bxxx Dispute Notice under clause 11.5.4, authorized representative(s) or a director of the board of directors/member of board of each Party shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receiving such notice of disagreement to the Bxxx Dispute Notice. 11.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of notice of disagreement to the Bxxx Dispute Notice pursuant to clause 11.5.4 the matter shall be referred to Dispute Resolution in accordance with clause 17. 11.5.7 In case of Disputed Bills, it shall be open to the aggrieved party to approach the Appropriate Commission for Dispute Resolution in accordance with clause 17 and also for interim orders protecting its interest including for orders for interim payment pending Dispute Resolution and the Parties shall be bound by the decision of the Appropriate Commission, including in regard to interest or Late Payment Surcharge, if any directed to be paid by the Appropriate Commission. 11.5.8 If a Dispute regarding a Weekly Bxxx, Provisional Bxxx or a Supplementary Bxxx is settled pursuant to clause 11.5.5 or by Dispute resolution mechanism provided in this Agreement in favour of the Party that issues a Bxxx Dispute Notice, the other Party shall refund the amount, if any incorrectly charged and collected from the disputing Party or pay as required, within five (5) days of the Dispute either being amicably resolved by the Parties pursuant to clause 11.6.5 or settled by Dispute resolution mechanism along with interest at the same rate as Late Payment Surcharge from the date on which such payment had been made to the invoicing Party or the date on which such payment was originally due, as may be applicable.

Disputed Bxxx. 11.5.1 a) If a Party does not dispute a Weekly Bxxx, Provisional Bxxx or a Supplementary Bxxx raised by the other Party within thirty (30) days of receiving it, such bxxx shall be taken as conclusive. 11.5.2 b) If a Party disputes the amount payable under a Weekly Bxxx, Provisional Bxxx or a Supplementary Bxxx, as the case may be, that Party shall, within seven (7) days of receiving such bxxx, issue a notice (the “"Bxxx Dispute Notice”") to the invoicing Party setting out: i. the details of the disputed amount; ii. its estimate of what the correct amount should be; , and iii. all written material in support of its claim. 11.5.3 c) If the invoicing Party agrees to the claim raised in the Bxxx Dispute Notice issued pursuant to clause 11.5.210.5 (b), the invoicing Party shall levies such bxxx within seven (7) days of receiving such notice and if the disputing Party has already made the excess payment, refund to the disputing Party such excess amount within fifteen (15) days of receiving such notice. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge which shall be applied from the date on which such excess payment was made to the invoicing Party and up to and including the date on which such payment has been received. 11.5.4 d) If the invoicing Party does not agree to the claim raised in the Bxxx Dispute Notice issued pursuant to clause 11.5.210.5 (b), it shall, within fifteen (15) days of receiving the Bxxx Dispute Notice, furnish a notice to the disputing Party providing: i. reasons for its disagreement; ii. its estimate of what the correct amount should be; and iii. all written material in support of its counter-claim. 11.5.5 e) Upon receipt of notice of disagreement to the Bxxx Dispute Notice under clause 11.5.410.5 (b), authorized representative(s) or a director of the board of directors/member of board of each Party shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receiving such notice of disagreement to the Bxxx Dispute Notice. 11.5.6 f) If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of notice of disagreement to the Bxxx Dispute Notice pursuant to clause 11.5.4 10.5 (b) the matter shall be referred to Dispute Resolution in accordance with clause 17Article 21. 11.5.7 g) In case of Disputed Bills, it shall be open to the aggrieved party to approach the Appropriate Commission for Dispute Resolution in accordance with clause 17 Article 21 and also for interim orders protecting its interest including for orders for interim payment pending Dispute Resolution and the Parties shall be bound by the decision of the Appropriate Commission, including in regard to interest or Late Payment Surcharge, if any directed to be paid by the Appropriate Commission. 11.5.8 h) If a Dispute regarding a Weekly Bxxx, Provisional Bxxx or a Supplementary Bxxx is settled pursuant to clause 11.5.5 10.5 (e) or by Dispute resolution mechanism provided in this Agreement in favour of the Party that issues a Bxxx Dispute Notice, the other Party shall refund the amount, if any incorrectly charged and collected from the disputing Party or pay as required, within five (5) days of the Dispute either being amicably resolved by the Parties pursuant to clause 11.6.5 10.5 (e) or settled by Dispute resolution mechanism along with interest at the same rate as Late Payment Surcharge from the date on which such payment had been made to the invoicing Party or the date on which such payment was originally due, as may be applicable. i) For the avoidance of doubt, it is clarified that despite a Dispute regarding an Invoice, the First Party shall, without prejudice to its right to Dispute, be under an obligation to make payment, of the lower of (a) an amount equal to simple average of last three (3) Weekly invoices (being the undisputed portion of such three Weeks invoices) and (b) Weekly Invoice which is being disputed, provided such Weekly Bxxx has been raised based on the REA and in accordance with this Agreement.