Common use of Disputed Fees Clause in Contracts

Disputed Fees. In the event that Recipient and Provider have a good faith dispute with respect to the amount of payment for Services actually rendered (other than with respect to the underlying schedule of fees for Services generally), Recipient shall withhold payment only of any unpaid amount in dispute, and shall deliver to Provider promptly (and within 15 days following receipt of any invoice from Provider that is the basis of such dispute) a written statement describing the dispute, which statement shall provide a reasonably detailed breakdown of the disputed payment amounts. The parties agree to use their best efforts to resolve any such dispute hereunder within 15 days following Provider's receipt of Recipient's statement describing the dispute. In the event the parties cannot resolve the dispute within such time period, each discrepancy or disagreement which cannot be so resolved shall be submitted to a firm of nationally recognized independent certified public accountants (agreed upon by Provider and Recipient), who shall promptly deliver a report setting forth their calculation of each item that was the subject of discrepancy or disagreement, which report shall be final and binding on the parties. The fees and expenses of such firm shall be borne one-half by Provider and one-half by Recipient, and each party shall bear its own other expenses in connection therewith.

Appears in 3 contracts

Samples: Transition Services Agreement (Landair Corp), Transition Services Agreement (Landair Corp), Services and Lease Agreement (Tweed John A)

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Disputed Fees. In the event that Recipient and Provider have a good faith dispute with respect to the amount of payment for Services actually rendered (other than with respect to the underlying schedule of fees for Services generally), Recipient shall withhold payment only of any unpaid amount in dispute, and shall deliver to Provider promptly (and within 15 days following receipt of any invoice from Provider that is the basis of such dispute) a written statement describing the dispute, which statement shall provide a reasonably detailed breakdown of the disputed payment amounts. The parties agree to use their best efforts to resolve any such dispute hereunder within 15 days following Provider's receipt of Recipient's statement describing the dispute. In the event the parties cannot resolve the dispute within such time period, each discrepancy or disagreement which cannot be so resolved shall be submitted to a firm of nationally recognized independent certified public accountants (agreed upon by Provider and Recipient), who shall promptly deliver a report setting forth their calculation of each item that was the subject of discrepancy or disagreement, which report shall be final and binding on the parties. The fees and expenses of such firm shall be borne one-half by Provider and one-half by Recipient, Recipient and each party shall bear its own other expenses in connection therewith.

Appears in 2 contracts

Samples: Transition Services Agreement (Consolidated Freightways Corp), Transition Services Agreement (Consolidated Freightways Inc)

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Disputed Fees. In the event that Recipient and Provider have a good faith dispute with respect to the amount of payment for Services actually rendered (other than with respect to the underlying schedule of fees for Services generally), Recipient shall withhold payment only of any unpaid amount in dispute, and shall deliver to Provider promptly (and within 15 days following receipt re ceipt of any invoice from Provider that is the basis of such dispute) a written statement describing the dispute, which statement shall provide a reasonably detailed breakdown of the disputed payment amounts. The parties agree to use their best efforts to resolve any such dispute hereunder within 15 days following Provider's receipt of Recipient's statement describing the dispute. In the event the parties cannot resolve the dispute within such time period, each discrepancy or disagreement which cannot be so resolved shall be submitted to a firm of nationally recognized independent certified public accountants ac countants (agreed upon by Provider and Recipient), who shall promptly deliver a report setting forth their calculation of each item that was the subject of discrepancy discrep ancy or disagreement, which report shall be final and binding on the parties. The fees and expenses of such firm shall be borne one-half by Provider and one-half by Recipient, Recipient and each party shall bear its own other expenses expens es in connection therewith.

Appears in 1 contract

Samples: Transition Services Agreement (Consolidated Freightways Corp)

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