Disputed Payment. (a) The Customer may raise a genuine dispute about an invoice issued by the Supplier in accordance with clause 8.2 if the Customer, acting reasonably, believes any of the Fees have not been correctly invoiced (Disputed Invoice).
(b) The parties will take all commercially reasonable steps to resolve the Disputed Invoice prior to following the dispute resolution procedure in clause 14.
(c) The Customer is only required to pay undisputed portions of an invoice issued in accordance with clause 8.2.
(d) The Supplier must continue to supply the Services in accordance with this Agreement, and is not entitled to suspend the provision of such Services in the event a Disputed Invoice is raised in accordance with clause 8.3(a).
Disputed Payment. Notwithstanding any other provision of this Agreement, if the amount or timing of any payment is disputed by a Party, the Party liable to pay shall make the payment in full on the date such payment is required, prior to initiating any Dispute Resolution Procedure relating thereto. The Parties further agree that any payment to be received by it from the other as a result of a Dispute Resolution Procedure shall be unsecured and fully subordinated in all respects to all amounts owed to the Financing Parties pursuant to the Financing Documents.
Disputed Payment. Subject to Section 13.3, if there is a Dispute concerning any amount payable by one Party to another Party, the Party with the payment obligation shall pay the undisputed portion of such payment.
Disputed Payment. Xxxxx may withhold payment of any charges that Xxxxx reasonably disputes in good faith provided that Xxxxx will notify SAVVIS of the amount of and basis for its dispute within thirty (30) days after the date of the corresponding invoice from SAVVIS together with reasonable documentation of such dispute. In the event that a given invoice includes both disputed and undisputed charges, Xxxxx shall pay all undisputed items in accordance with this Section 25 and Schedule C, and may withhold payment only of the disputed charges in accordance with this Section. If Xxxxx has already paid a disputed charge (i.e., if Xxxxx decides after paying a given charge to dispute the charge), Xxxxx may off-set the disputed charge against other charges owed by Xxxxx hereunder, subject to Section 25.4. Xxxxx shall notify SAVVIS in writing on or before the date that any amount is so withheld (whether in respect of dispute on a current invoice or as a set-off) and describe, in reasonable detail, the reason for such withholding. Xxxxx and SAVVIS shall diligently pursue an expedited resolution of such dispute in accordance with the dispute resolution procedures set forth in Section 30.
Disputed Payment. SCA may withhold payment of charges that SCA disputes in good faith, provided that SCA may not withhold (a) in any one month, an amount greater than fifty (50) percent of one-twelfth (1/12) of the then-current Annual Services Charge, or (b) in the aggregate at any given time, more than one-sixth (1/6) of the then-current Annual Services Charge ((a) and (b), collectively, the "DISPUTED FEES CAP"). Disputed charges in excess of the Disputed Fees Cap shall be paid when due without prejudice to SCA's rights hereunder. SCA shall notify IBM in writing on or before the date that any amount is so withheld and describe, in reasonable detail, the reason for such withholding. SCA and IBM shall diligently pursue an expedited resolution of such dispute in accordance with the dispute resolution procedures set forth in Article 10.
Disputed Payment. In the event of a dispute as to the disposition and release of all or a part of the Escrow Fund, the disputing Party (“Disputing Party”) shall notify the other Parties hereto, in writing, as to the basis for the dispute within thirty (30) days of the date of receipt of the subject Invoice by Disputing Party. If the dispute cannot be resolved by agreement, the Escrow Agent may, subject to the provisions of Paragraph (5)(b), commence an action in the nature of an interpleader and deposit the disputed portion of the Escrow Fund with a Court of competent jurisdiction for disposition and shall pay the undisputed portion to the Contractor.
Disputed Payment. If a dispute arises over the propriety of the Trustee's making any payment from the Trust Fund, the Trustee may withhold the payment until the dispute has been resolved by a court of competent jurisdiction or settled by the parties to the dispute. The Trustee may consult legal counsel and rely upon the advice of counsel.
Disputed Payment. Xxxxxxx may withhold payment of particular charges in an invoice that Xxxxxxx disputes in good faith. If charges cover both disputed and undisputed items, Xxxxxxx shall pay all undisputed items in accordance with this Section 18. If Xxxxxxx withholds payment of particular charges in an invoice, then Xxxxxxx shall make a good faith effort to notify TCS before the invoice due date of the reason for such withholding, and in any case, and regardless of whether Xxxxxxx made such good faith effort, within seven (7) days of a request from TCS for explanation of the withholding, Xxxxxxx shall notify TCS in writing, describing in reasonable detail the reason for such withholding. The Parties shall diligently pursue an expedited resolution of such dispute.
Disputed Payment. PTFI shall make each payment calculated and invoiced by PJP in accordance herewith when due, regardless of whether PTFI disputes the amount of such statement or invoice. Any dispute regarding the amount of any payment payable by either party hereunder shall be resolved pursuant to the procedures set forth in Article 19. In the event that it is determined through such procedures that either PTFI or PJP is entitled to an adjustment in the amount previously paid, the amount of such adjustment, together with interest thereon at the Default Interest Rate from the date of payment of such invoice until repaid, shall be paid in full in the currency in which the disputed payment was originally made (i) in a lump sum or (ii) at PJP's option, (A) during the Term (other than the last Contract Year) in equal adjustments to the next four payments of the Equity Component of the Capacity Charge due from PTFI to PJP or (B) during the last Contract Year of the Term, in equal adjustments to the remaining monthly payments payable by PTFI prior to the expiration of the Term or earlier termination of this Agreement. Payments to be made by PJP under this Section 7.02 shall be subordinated to payments to Senior Secured Lenders and shall be payable only from and to the extent of amounts otherwise available to PJP, pursuant to the terms of the Financing Documents, for the payment of dividends. Interest shall accrue at the Default Interest Rate on any such payments which PJP has failed to make when due. This Section 7.02 shall survive the expiration of the Term or earlier termination of this Agreement.
Disputed Payment. 4.03.1 If the City disputes any item in an invoice Contractor submits for any reason, including lack of supporting documentation, the Director shall temporarily delete the disputed item and pay the remainder of the invoice. The Director shall promptly notify Contractor of the dispute and request remedial action. After any dispute is settled, Contractor shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only.
