Disputed Notice Sample Clauses
Disputed Notice. If one or more Participants dispute the Termination Notice (“Disputing Participant”), the Disputing Participant shall provide Notice of the dispute to the State and the other Participants within sixty (60) Days of the Disputing Participant’s receipt of the State’s Termination Notice. The Disputing Participant’s Notice of the dispute constitutes a Dispute and will be resolved under Article 26, except that in a Dispute under Article 5:
(A) the Parties are not required to exhaust the amicable resolution process under Exhibit C.2;
(B) the Tribunal shall only decide whether the State has established by clear and convincing evidence that the Participants have not acted by Diligence and shall issue an Award, without any explanation, that finds either for the State or for the Participants; and
(C) the Tribunal’s decision may be made public. Pending final resolution of the Dispute, this Contract remains in effect.
Disputed Notice. If Rambus disputes the existence of the Release Event(s) upon which the Notice is based, then, except as set forth in Section 7(c) below, Rambus may, within five (5) business days following its receipt of the Notice, deliver a Counternotice to the Escrow Agent and to the party(ies) that delivered the Notice. The Counternotice shall specify the facts upon which Rambus disputes the existence of the Release Event(s) upon which the Notice is based.
(a) If the Notice was accompanied by documentary evidence from third party sources to substantiate the occurrence of the Release Event(s) as set forth in Section 5 above, then, except as set forth in Section 7(c) below, notwithstanding the Counternotice, the Escrow Agent shall deliver the Escrowed Materials to the party(ies) that delivered the Notice. Such party(ies) shall be entitled to retain the Escrowed Materials pending the results of the arbitration pursuant to Section 8 below.
(b) If the Notice was not accompanied by documentary evidence from third party sources to substantiate the occurrence of the Release Event(s) as set forth in Section 5 above, and if the Escrow Agent has not received such documentary evidence before receipt of the Counternotice, then if the Counternotice is received by the Escrow Agent and the party(ies) that delivered the Notice before the close of business on the fifth (5th) business day following receipt of the Notice by Rambus, the Escrow Agent shall, within three (3) business days after receipt of the Counternotice, serve a copy of the Counternotice on SCE and Toshiba and withhold delivery of the Escrowed Materials pending receipt of (i) a decision evidencing the outcome of the arbitration provided for in Section 8 below, or (ii) other written instructions signed by officers of both Rambus and the party(ies) that delivered the Notice (i.e., SCE and/or Toshiba). Upon receipt of said decision or other instruction, the Escrow Agent shall deliver the Escrowed Materials only in accordance with the decision or instruction.
(c) With respect to a Notice requesting release of the Escrowed Materials pursuant to clause (v) of Section 4 above, the time period for Rambus to provide a Counternotice under Section 6 above and this Section 7 shall be extended to sixty (60) calendar days plus five (5) business days after service of the involuntary petition in bankruptcy on Rambus. In addition, if Rambus' Counternotice is accompanied by documentary evidence from third party sources showing either (i) ...
Disputed Notice. If Apogee disputes the existence of the conditions --------------- upon which the Notice is based, then Apogee shall, within then (10) business days following the the Effective Date of transmittal of the Notice by Escrow Agent (as such Effective Date is determined in accordance with Section 10(b)), submit a Counternotice to the Escrow Agent. If the Counternotice is received by the Escrow Agent before the close of business on the tenth (10th) business day following the date on which the Notice was transmitted to Apogee by the Escrow Agent, then the Escrow Agent shall, within three (3) business days after receipt of any such Counternotice, serve a copy of the Counternotice on ST and withhold delivery of the Escrow Materials pending receipt of (a) a decision evidencing the outcome of the arbitration provided for in Section 7 below, or (b) other written instructions signed by both Apogee and ST. Upon receipt of said decision or other instruction, the Escrow Agent shall deliver a copy of the Escrow Materials only in accordance with decision or instruction.
Disputed Notice. If Dragon Systems disputes the existence of the conditions upon which the Notice is based, then Dragon Systems shall, within fifteen (15) days following its receipt of the Notice, submit a "Counternotice" to the Escrow Agent explaining the basis for its dispute, with a concurrent copy to Seagate. If the Counternotice is received by the Escrow Agent and Seagate before the close of business on the fifteenth (15th) day following receipt of the Notice by Dragon Systems (or, if the fifteenth day is not a Seagate business day, the first Seagate business day thereafter), then the Escrow Agent shall withhold delivery of the Escrow Materials pending receipt of (a) a decision evidencing the outcome of the arbitration provided for in Section 7 below, or (b) other written instructions signed by both Seagate and Dragon Systems. Upon receipt of said decision or other instructions, the Escrow Agent shall deliver a copy of the Escrow Materials only in accordance with the decision or instructions.
Disputed Notice. If Licensor disputes the existence of the Releasing Event(s) upon which the Notice is based, then Licensor shall, within five (5) business days following its receipt of Notice, submit a Counternotice to Escrow Agent. If the Counternotice is received by Escrow Agent before the close of business on the fifth (5th) business day following receipt of the Notice by Licensor, then Escrow Agent shall, within three (3) business days after receipt of the Counternotice, serve a copy of the Counternotice on Cisco and withhold delivery of the Escrow Materials pending receipt of (a) a decision evidencing the outcome of the arbitration provided for in Section 9 below, or (b) other written instructions signed by both Licensor and Cisco (“Joint Instructions”). Upon receipt of said decision or Joint Instructions, Escrow Agent shall deliver a copy of the Escrow Materials only in accordance with the decision or Joint Instructions.
Disputed Notice. If Supplier disputes the existence of the conditions upon which the Notice is based, then Supplier shall, within ten (10) business days following its receipt of Notice, submit a Counternotice to Escrow Agent. If the Counternotice is received by Escrow Agent before the close of business on the tenth (10th) business day following receipt of the Notice by Supplier, then Escrow Agent shall, within three (3) business days after receipt of the Counternotice, serve a copy of the Counternotice on Cisco and withhold delivery of the Escrow Materials pending receipt of (a) a decision evidencing the outcome of the arbitration provided for in Section 10 below, or (b) other written instructions signed by both Supplier and Cisco. Upon receipt of said decision or other instruction, Escrow Agent shall deliver a copy of the Escrow Materials only in accordance with the decision or instruction. *** Confidential Treatment Requested
Disputed Notice. If Supplier disputes the existence of the conditions upon which the Notice is based, then Supplier shall, within ten (10) business days following its receipt of Notice, submit a Counternotice to Escrow Agent. If the Counternotice is received by Escrow Agent before the close of business on the tenth (10th) business day following receipt of the Notice by Supplier, then Escrow Agent shall, within three (3) business days after receipt of the Counternotice, serve a copy of the Counternotice on Cisco and withhold delivery of the Escrow Materials pending receipt of (a) a decision evidencing the outcome of the arbitration provided for in Section 10 below, or (b) other written instructions signed by both Supplier and Cisco. Upon receipt of said decision or other instruction, Escrow Agent shall deliver a copy of the Escrow Materials only in accordance with the decision or instruction. Cisco Systems Inc. – NetLogic Microsystems Inc., Master Purchase Agreement November 7, 2005 CONFIDENTIAL *** Confidential Treatment Requested