Disputed Charges/Credits. In the event Equifax disputes the accuracy or applicability of a charge or credit or other financial arrangement described in the Agreement (i.e., Monthly Charges, Annual Adjustment, Service Credits, pass-through xxxxxxxx, etc.), Equifax shall notify EDS of such dispute as soon as practicable after the discrepancy has been discovered. The Parties will investigate and resolve the dispute using the dispute resolution processes provided under Section 16 of the ---------- Agreement. Any undisputed amounts contained in or applicable to an invoice will be paid by Equifax and any undisputed credit amounts will be promptly credited by EDS. Upon the request of either Party Equifax in the case of a disputed charge, or EDS in the case of a disputed credit, shall place the disputed amount in an escrow account established for the benefit of the Parties, until such dispute is resolved. Upon resolution of the dispute, the Parties shall be paid any interest having accrued on the disputed amounts held in the escrow account in connection with such dispute in proportion to the amount received by each Party with respect to such dispute, and the Parties shall each pay a portion of the escrow fees attributable to the disputed amount in an inverse proportion to the percentage of the disputed amount paid to each Party. Unpaid and uncredited monies that are in dispute and placed in escrow will not be considered a basis for monetary default under the Agreement or any Transaction Document.
Disputed Charges/Credits. In the event Company disputes the accuracy or applicability of a charge or credit or other financial arrangement described in this Agreement, Company shall notify Provider of such dispute as soon as practicable after the alleged discrepancy has been discovered. Notwithstanding any such dispute, Company shall timely pay all amounts for Baseline Charges, subject to correction for manifest error. Any payment of disputed charges remitted by Company shall be deemed to be made with a reservation of rights by Company. If Company disputes in good faith any invoiced amounts for charges other than for Baseline Charges, Company may withhold payment of particular charges that Company disputes provided that Company delivers to Provider concurrently with the withholding of the disputed charges a reasonably detailed written explanation of the basis of the dispute. All undisputed accrued and payable amounts will be paid by Company in accordance with the timeframes set forth in this Agreement. -------- * Confidential information has been omitted
Disputed Charges/Credits. Company may withhold payment of any portion of an invoice that it disputes in good faith. Company shall notify Vendor of any such Dispute as soon as practicable after the discrepancy has been discovered. The Parties will investigate and resolve the Dispute using the Dispute Resolution Procedures. Unpaid amounts that are the subject of a good faith Dispute may be withheld by Company and will not be considered a basis for monetary default under, or a breach of, the Service Agreement. Any undisputed amounts will be paid by Company in accordance with Section 8.2. Company’s failure to dispute or withhold a payment will not operate as a waiver of the right to dispute and recover such amount.
Disputed Charges/Credits. In the event Company disputes the accuracy or applicability of a charge or credit or other financial arrangement described in this Agreement, Company shall notify Provider of such dispute as soon as practicable after the alleged discrepancy has been discovered. Notwithstanding any such dispute, Company shall timely pay all amounts for Baseline Charges and Recurring Third Party Costs, subject to correction for manifest error. Any payment of disputed charges remitted by Company shall be deemed to be made with a reservation of rights by Company. If Company disputes in good faith any invoiced amounts for charges other than for Baseline Charges and Recurring Third Party Costs, [***]*Company may withhold payment of particular charges that Company disputes provided that Company delivers to Provider concurrently with the withholding of the disputed charges a reasonably detailed written explanation of the basis of the dispute. All undisputed accrued and payable amounts will be paid by Company in accordance with the timeframes set forth in this Agreement.
Disputed Charges/Credits. In the event Company disputes the accuracy or applicability of a charge or credit or other financial arrangement described in this Agreement, Company shall notify Provider of such dispute as soon as practicable after the alleged discrepancy has been discovered. Notwithstanding any such dispute, Company shall timely pay all charges for System Services within the Hours Cap, subject to correction for manifest error. Any payment of disputed charges remitted by Company shall be deemed to be made with a reservation of rights by Company. If Company disputes in good faith any invoiced amounts for charges other than for charges for System Services within the Hours Cap, Company may withhold payment of particular charges that Company disputes provided that Company delivers to Provider concurrently with the withholding of the disputed charges a reasonably detailed written explanation of the basis of the dispute. All undisputed accrued and payable amounts will be paid by Company in accordance with the timeframes set forth in this Agreement.
Disputed Charges/Credits. In the event Flagstar disputes the accuracy or applicability of a charge or credit (i.e., Annual Service Charge, ARC, COLA, Service Credits, pass-through billings, etc.), Flagstar shall notify ISSC of such dispxxx xx soon as practicable after the discrepancy has been discovered. The Parties will investigate and resolve the dispute using the dispute resolution processes provided under Section 15 of this Agreement. Any undisputed amounts contained in an invoice containing a disputed charge, will be paid by Flagstar and any undisputed credit amounts will be promptly credited by ISSC. Flagstar, in the case of a disputed charge, or ISSC, in the case of a disputed credit, shall place the disputed amount in an escrow account until such dispute is resolved. Upon resolution of the dispute, the Parties shall be paid any interest having accrued on the disputed amounts held in escrow in connection with such dispute in proportion to the amount received by each Party with respect to such dispute, and the Parties shall each pay a portion of the escrow fees attributable to the disputed amount in an inverse proportion to the percentage of the disputed amount paid to each Party. Unpaid monies that are in dispute and placed in escrow will not be considered a basis for monetary default under this Agreement.
Disputed Charges/Credits. Customer may withhold payment of any portion of an invoice that it disputes in good faith, up to an aggregate amount of [ * * * ] per Service Agreement (unless the Service Agreement provides for a different amount) (“Aggregate Disputed Amount”). Customer shall notify Provider of any such Dispute as soon as practicable after the discrepancy has been discovered. The Parties will investigate and resolve the Dispute using the Dispute Resolution Procedures. Unpaid amounts that are the subject of a good faith Dispute may be withheld by Customer and will not be considered a basis for monetary default under, or a breach of, the Agreement. Any undisputed amounts will be paid by Customer in accordance with Section 8.1. Customer’s failure to dispute or withhold a payment will not operate as a waiver of the right to dispute and recover such amount. Customer shall deposit into an interest-bearing escrow account any disputed amount in excess of the Aggregate Disputed Amount within three Business Days after such disputed amounts are due, provided that CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Customer shall retain any and all rights to contest Provider’s entitlement to such disputed amount. Customer shall promptly furnish evidence of any escrow deposit to Provider. The escrow account will be established pursuant to an escrow agreement with a major national bank that provides that (i) the costs of such escrow account will be shared equally by the Parties, and (ii) the funds therein (including Charges and Taxes), including the accrued interest, will be disbursed to Customer or Provider, as applicable, in accordance with the results of the Dispute Resolution Procedures or by mutual agreement of the Parties. If Customer fails to escrow disputed amounts in accordance with this Section 8.7 within 30 days after Notice from Provider of Customer’s failure to do so, Provider may, after giving Customer at least 15 days prior Notice, apply to a court of competent jurisdiction to seek injunctive relief for such failure.
Disputed Charges/Credits. In the event Client disputes the accuracy or applicability of any Charge or credit or other financial arrangement described in this Agreement or a Service Agreement, Client shall notify Service Provider of such dispute [***]* with a reasonably detailed explanation of the basis of the dispute as soon as practicable after the alleged discrepancy has been discovered. [***]* all invoices for Baseline Charges, recurring fixed Charges for Assigned Agreements, and other amounts previously approved by Client for payment, when due. If Client disputes any portion of any other Charges invoiced, Client may withhold payment of [***]* and, to the extent applicable, [***]* a reasonably detailed written explanation of the basis of the dispute. In the event Client disputes any Charges the Parties will endeavor in good faith to resolve such dispute expeditiously. Any payment [***]* remitted by Client shall be deemed to be made with a reservation of rights by Client. With respect to any amounts for Service Credits or other payments due and owing from Service Provider to Client under this Agreement, unless such amounts are in dispute, Client may set-off such amounts against Charges if Service Provider fails to pay such amounts within [***]* of written notice from Client to Service Provider that such payments are due. If such amounts are subject to dispute resolution under Article 21, then no set-off shall be taken unless and to the extent that such amounts have been determined to be due and owing through dispute resolution and Service Provider has not paid such amounts within [***]*
Disputed Charges/Credits. In the event Equifax disputes the accuracy or applicability of a charge or credit or other financial arrangement described in the Agreement (i.e., Monthly Charge, Unplanned Resource Units, COLA, Service Credits, pass-through xxxxxxxx, etc.), Equifax shall notify IBM of such dispute as soon as practicable after the discrepancy has been discovered. The Parties will investigate and resolve the dispute using the dispute resolution processes provided under Section 16 of the ---------- Agreement. Any undisputed amounts contained in or applicable to an invoice will be paid by Equifax and any undisputed credit amounts will be promptly credited by IBM. Upon request of either Party, Equifax in the case of a disputed charge, or IBM in the case of a disputed credit, shall * Upon resolution of the dispute, the Parties shall be paid * in connection with such dispute in proportion to the amount received by each Party with respect to such dispute, and the Parties shall each pay * attributable to the disputed amount in an * of the disputed amount paid to each Party. Unpaid and uncredited monies that are in dispute and *
Disputed Charges/Credits
