Disputed Claims. 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.
4.2 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Contractor to provide such further documentary and oral evidence as it may reasonably require to verify its liability to pay the amount which is disputed or subject to question and the Contractor shall promptly provide such evidence in a form satisfactory to the Authority.
4.3 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder.
4.4 If any invoice rendered by the Contractor is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Contractor shall forthwith repay such part to the Authority.
4.5 The Authority shall be entitled to deduct from sums due to the Contractor by way of set-off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.
Disputed Claims. Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.
Disputed Claims. 6.1 If there is any dispute relating to the validity or extent of a claim identified by Elite Recoveries and included in the Report, the Client shall be entitled, by way of written notice to Elite Recoveries (‘Referral Notice’), refer the dispute for determination by an independent auditor (‘the Independent Auditor’) appointed by agreement between the Parties, or failing agreement within 20 (twenty) days of delivery of the Referral Notice, appointed by the President for the time being of the South African Institute of Chartered Accountants.
6.2 Elite Recoveries shall, upon receipt of the Referral Notice, be entitled to conduct its own investigation into the Claims disputed by the Client, such investigation to be completed within 7 (seven) days after Elite Recoveries has been given access by the Client to the Source Documentation relating to the disputed Claims and, for purposes of conducting such investigation, it is hereby agreed between the Parties that Elite Recoveries shall be entitled to inspect and make copies of such Source Documentation.
6.3 Once Elite Recoveries has completed its investigation, it shall report its findings in writing to the Client, whereafter the Chief Executive Officers of the respective parties shall meet in order to resolve the dispute within 5 (five) days after Elite Recoveries has reported its findings to the Client.
6.4 If, despite discussions and negotiations in good faith at such meeting between the respective Chief Executive Officers of the Parties, no resolution to the dispute has been agreed, the Independent Auditor shall be entitled, at the written request of either of the Parties to conduct its own investigations in an informal manner, but shall provide each of the Parties with an opportunity to make written representations. The Parties shall provide the Independent Auditor with all requested information. The Independent Auditor shall be free to conduct any other investigations or require additional evidence or any (written or oral) representations in order to make the determination.
6.5 The Independent Auditor in making its determination shall act as an expert and not as an arbitrator and its decision shall, in the absence of fraud or manifest error, be final and binding on the Parties. If necessary, the Claims and fees charged by Elite Recoveries shall be amended to reflect the determination of the Independent Auditor.
6.6 The fees and charges of the Independent Auditor shall be shared between the Parties in equal p...
Disputed Claims. Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any Contract Price rendered or other claim for payment by the Contractor shall not signify approval. The Authority reserves the right to verify Contract Price after the date of payment and subsequently to recover any sums which have been overpaid.
Disputed Claims. 22.1 Notwithstanding paragraph 22.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Provider shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.
22.2 If any part of a claim rendered by the Provider is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Provider to provide such further documentary and oral evidence as it may reasonably require in accordance with the timescales set out in the Provider Guidance to verify its liability to pay the amount which is disputed or subject to question and the Provider shall promptly provide such evidence in a form satisfactory to the Authority.
22.3 If any part of a claim rendered by the Provider is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder.
22.4 If any invoice rendered by the Provider is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Provider shall forthwith repay such part to the Authority.
22.5 The Authority shall be entitled to deduct from sums due to the Provider by way of set off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.
Disputed Claims. $ The undersigned who has a contract with _________________________ for furnishing labor or materials or both labor and materials or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as located in _______________ (city or town), _______________ County, and owned by _______________ upon receipt of $ _______________ in payment of an invoice/requisition/application for payment dated _______________ does hereby:
(a) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools, performed or furnished through the following date (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above;
(b) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty-fifth day. Signed under the penalties of perjury this _________ day of _________ , 20__. WITNESS: CONTRACTOR: Name: Name: Title: Title: SUBCONTRACTOR'S LIEN WAIVER General Contractor: Subcontractor: Owner: Project: Total Amount Previously Paid: $ Amount Paid This Date: $ Retainage (Including This Payment) Held to Date: $ In consideration of the receipt of the amount of payment set forth above and any and all past payments received from the Contractor in connection with the Project, the undersigned acknowledges and agrees that it has been paid all sums due for all labor, materials and/or equipment furnished by the undersigned to or in connection with the Project and the undersigned hereby releases, discharges, relinquishes and waives any and all claims, suits, liens and rights under any Notice of Identification, Notice of Contract or statement of account with respect to the Owner, the Project and/or against the Contractor on account of any labor, materials and/or equipment furnished through the date hereof. The undersigned individual represents and warrants that he is the duly authorized representative of the undersigned, empowered and authorized...
Disputed Claims. Any claims not agreed upon by the City and/or employee will be referred to the Uniform and Equipment Committee for review and recommendation. The recommendation of the Committee is advisory only.
Disputed Claims. The Ceding Company will promptly notify the Reinsurer of any contest, compromise or litigation as a result of a denial of a claim involving a policy reinsured under this Agreement or as a result of rescission of a policy reinsured under this Agreement. Unless it declines to be a party to such action, the Reinsurer will pay its Proportionate Share of any settlement up to the maximum that would have been payable under the specific policy had there been no controversy plus its Proportionate Share of claim investigation fees paid to a third party, except as specified below. If the Reinsurer declines to be a party to said contest, compromise or litigation, it will pay its full share of the amount reinsured, as if there had been no contest, compromise or litigation. The Reinsurer will also pay its Proportionate Share of covered expenses incurred to the date it notifies the Ceding Company it declines to be a party.
Disputed Claims. The Parties shall negotiate in good faith to resolve any dispute regarding a claim for the ISO Change Cost Payment and shall, as part of such good faith negotiations, promptly provide information or data relevant to the dispute as they each may possess which is requested by the other Party. Such information may be provided pursuant either to Section 10.10 or to such other agreement that the Parties shall negotiate to provide reasonable protection for their confidential business information or trade secrets. If the Parties are unable to resolve a dispute regarding a claim for the ISO Change Cost Payment within forty five (45) days of the sending of Notice by the disputing Party pursuant to this Section 11.03, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve.
Disputed Claims. If Indemnitor objects to any Claim or Third Party Claim, it shall give written notice of such objection and brief statement of the grounds of such objection to Indemnitee within 20 business days after notice is received. If no such notice is given, such claim shall be a Liquidated Claim. If such objection is made, Indemnitor and Indemnitee shall meet and use their best efforts to settle the dispute in writing which, when resolved, shall be a Liquidated Claim.
