Disputed Reports Sample Clauses

Disputed Reports. Each Report shall be final, binding and conclusive, unless Seller or its designee notifies Buyer in writing of any disagreement therewith (an “Objection Notice”) within thirty (30) after its receipt thereof, specifying (a) those items as to which there is disagreement and (b) a reasonably detailed description of the basis, nature, dollar amount and extent of the dispute or disagreement. If Seller delivers an Objection Notice within such period, then for a period of twenty (20) business days from the date of delivery of the Objection Notice, Buyer shall afford Seller and its agents or other representatives with reasonable access during normal business hours to the books and records of Buyer and its licensees so as to enable its review of the Report and the information contained therein. Buyer and Seller shall attempt in good faith to resolve such dispute, and any resolution by them as to any disputed amounts shall be final, binding and conclusive. If Buyer and Seller are unable to resolve all disputes reflected in the Objection Notice within twenty (20) business days after the date of delivery of the Objection Notice (or such longer period as Buyer and Seller may mutually agree upon), then Buyer and Seller shall request Ernst & Young (the “Independent Accounting Firm”) to resolve any remaining disagreements. Buyer and Seller shall use their commercially reasonable efforts to cause the Independent Accounting Firm to make its determination within thirty (30) days of accepting its selection. The determination by the Independent Accounting Firm shall be final, binding and conclusive on Buyer and Seller and shall not be appealable. Buyer and Seller shall deliver to the Independent Accounting Firm all work papers and back-up materials relating to the unresolved disputes requested by the Independent Accounting Firm to the extent available to Buyer, Seller and their respective agents or other representatives. Buyer and Seller shall be afforded the opportunity to present to the Independent Accounting Firm any material related to the unresolved disputes and to discuss the issues with the Independent Accounting Firm; provided, however, that no such presentation or discussion shall occur without the presence of agents or other representatives of the Buyer and Seller. The determination of the Independent Accounting Firm shall be limited to the disagreements submitted to the Independent Accounting Firm. Upon resolution by the Independent Accounting Firm to its satisfacti...
Sample 1See All (5)
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Disputed Reports. (1) Any invoice or report provided pursuant to Section 5.1 and all deliveries of Refined Silver under this Agreement shall be deemed final and conclusive for all purposes with no adjustments, revisions or obligation to deliver any additional Refined Silver or return any delivered Payable Silver, or make or return any additional payment in respect of delivered Payable Silver, unless either Party notifies the other in writing (a “Dispute Notice”) that it disputes an invoice, report or quantity of Refined Silver previously delivered within three years from the date of delivery of such invoice, report or quantity of Refined Silver. (2) Purchaser and Seller shall have 60 days from the date the Dispute Notice is delivered to resolve the dispute. If Purchaser and Seller have not resolved the dispute within such period, then Purchaser shall have the right to require Seller to deliver an Auditor’s Report with respect to the subject matter of the dispute. Each of the parties agrees to deliver such Books and Records as may be reasonably requested by the Person completing the Auditor’s Report. (3) The costs of the Auditor’s Report shall be paid by Purchaser, unless the Auditor’s Report concludes that the Payable Silver for the period covered by the Dispute Notice is greater than the number of ounces of Refined Silver actually delivered in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of Seller.
Sample 1See All (4)
Disputed Reports. If Silver Wheaton disputes any invoice or report provided pursuant to Section 6.1 (each, a “Disputed Report”), then: (a) subject to the provisions of Section 6.6, Silver Wheaton shall notify the Supplier in writing of such dispute within 18 months from the date of delivery of the Disputed Report (the “Dispute Notice”) or will otherwise be deemed to have accepted it and it will be final; (b) Silver Wheaton and the Supplier shall have 30 days from the date the Dispute Notice is delivered by Silver Wheaton to resolve the dispute. If Silver Wheaton and the Supplier have not resolved the dispute within such period, then Silver Wheaton shall have the right to require the Supplier to either deliver an Auditor’s Report with respect to the subject matter of the dispute to Silver Wheaton or refer the matter to a Referee to determine and resolve the dispute following the procedures set out in Annex 1 to Schedule K; and (i) the costs of the Auditor’s Report shall be paid by Silver Wheaton, unless the Auditor’s Report concludes that the Payable Silver and Payable Gold for the period covered by the Dispute Report varies by five percent or more from the number of ounces of silver and gold set out in the Dispute Report, in which event the cost of the Auditor’s Report shall be for the account of the Supplier; or (ii) the costs of the Referee, if applicable, shall be paid in accordance with the provisions in Annex 1 of Schedule K.
Sample 1
Disputed Reports. (a) Any report provided pursuant to Section 7.1 shall be deemed final and conclusive for all purposes with no adjustments, revisions or obligation to make or return any additional Royalty payment, unless either Party notifies the other in writing (a “Dispute Notice”) that it disputes a report or Royalty payment within three years from the date of delivery of such report or payment of such Royalty payment, as the case may be. (b) The Payee and the Payor shall have 30 days from the date the Dispute Notice is delivered to resolve the dispute. If the Payee and the Payor have not resolved the dispute within such period, then the Payee shall have the right to require the Payor to deliver an Auditor’s Report with respect to the subject matter of the dispute. Each of the parties agrees to deliver such Books and Records as may be reasonably requested by the person completing the Auditor’s Report. (c) The costs of the Auditor’s Report shall be paid by the Payee, unless the Auditor’s Report concludes that the Royalty payment payable for the period covered by the Dispute Notice is greater than the Royalty actually paid in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of the Payor.
Sample 1
Disputed Reports. (a) If Wheaton disputes any invoice, report or quantity of Refined Gold or Refined Palladium previously delivered pursuant to this Agreement, Wheaton shall deliver written notice (a “Dispute Notice”) to Supplier within thirty six (36) months from the delivery of such invoice, report or quantity (failing which Wheaton shall be deemed to have accepted such invoice, report or quantity and it will become final), in which event Wheaton and Supplier shall have 60 days from the date the Dispute Notice is delivered to resolve the dispute. If Wheaton and Supplier have not resolved the dispute within such period, then Wheaton shall have the right to require Supplier to deliver an Auditor’s Report with respect to the subject matter of the dispute. Each of the Parties agrees to deliver such Books and Records as may be reasonably requested by the person completing the Auditor’s Report. (b) The costs of the Auditor’s Report shall be paid by Wheaton, unless the Auditor’s Report concludes that the Payable Gold and Payable Palladium for the period covered by the Dispute Notice is greater than the number of ounces of Refined Gold and Refined Palladium actually delivered in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of Supplier.
Sample 1
Disputed Reports. (a) Any invoice or report provided pursuant to Section 2.3 or Section 6.1 and all deliveries of gold under this Agreement shall be deemed final and conclusive for all purposes with no adjustments, revisions or obligation to deliver any additional Refined Gold or return any delivered gold, or make or return any additional payment in respect of delivered gold, unless either party notifies the other in writing (a “Dispute Notice”) that it disputes an invoice, report or quantity of gold previously delivered within 16 months from the date of delivery of such invoice, report or quantity of gold; (b) Purchaser and Project Owner shall have 30 days from the date the Dispute Notice is delivered to resolve the dispute. If Purchaser and Project Owner have not resolved the dispute within such period, then Purchaser shall have the right to require Project Owner to deliver an Auditor’s Report with respect to the subject matter of the dispute. Each of the parties agrees to deliver such Books and Records as may be reasonably requested by the person completing the Auditor’s Report; and (c) the costs of the Auditor’s Report shall be paid by Purchaser, unless the Auditor’s Report concludes that the Payable Gold for the period covered by the Dispute Notice is greater (by a factor of at least 5%) than the number of ounces of gold actually delivered in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of Project Owner.
Sample 1

Related to Disputed Reports

  • Required Reports (1) As required in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements, the Engineer shall submit Progress Assessment Reports to report actual payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each billing statement and one copy shall be submitted to the address included in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Program Requirements. (2) Prior to contract closeout, the Engineer shall submit a Final Report (Exhibit H-4) to the address set forth in Attachment H. (3) The Engineer shall submit a separate report with each billing statement showing the percent completion of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the State to document the progress of the work.

  • Expert Reports Without prejudice to the appointment of other kinds of experts where authorised by the applicable arbitration rules, the tribunal, at the request of the disputing parties, may appoint one or more experts to report to it in writing on any factual issue concerning environmental, public health, safety or other scientific matters raised by a disputing party in a proceeding, subject to such terms and conditions as the disputing parties may agree.

  • Records, Audits and Reports The Company shall maintain at its principal office the Company’s records and accounts of all operations and expenditures of the Company including the following: 9.1 A current list in alphabetical order of the full name and last known business or resident address of the Member, together with the Capital Contribution and the share in profits and losses of the Member; 9.2 A copy of the Certificate of Formation and all amendments thereto, together with any powers of attorney pursuant to which the Certificate of Formation or any amendments thereto were executed; 9.3 Copies of the Company’s Federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years; 9.4 Copies of this Agreement and any amendments thereto together with any powers of attorney pursuant to which any written accounting or any amendments thereto were executed; 9.5 Copies of any financial statements of the Company, if any, for the six most recent years; and 9.6 The Company’s books and records as they relate to the internal affairs of the Company for at least the current and past four fiscal years.

  • Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor’s records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party.

  • Tax Information Returns and Reports The Service Provider shall prepare and file, and require to be prepared and filed by any brokers or banks as to their Customers, with the appropriate governmental agencies, such information, returns and reports as are required to be so filed for reporting: (i) dividends and other distributions made; (ii) amounts withheld on dividends and other distributions and payments under applicable federal and state laws, rules and regulations; and (iii) gross proceeds of sales transactions as required.

  • Right to Review Tax Returns Upon request, each party shall make available to the other party the portion of Pre-Separation Period Tax Returns that relates to the ALC Group that the first party is responsible for preparing under this Article III.

  • Required Reporting Pursuant to RCW 67.28.1816(2)(c)(i): All recipients must submit a report to the COUNTY by December 15, 2020 describing the actual number of people traveling for business or pleasure on a trip during 2020: (A) Away from their place of residence or business and staying overnight in Pacific County in paid accommodations; (B) To a place fifty miles or more one way from their place of residence or business to Pacific County for the day or staying overnight; or (C) From another country or state outside of their place of residence or their business to Pacific County. The ORGANIZATION is also required to submit a final actual expenditure report completed to the best of your ability by December 15, 2020 with the final voucher to receive full payment.

  • Final Reports Within ninety (90) days of receipt of the Required Documents, the Asset Representations Reviewer shall publish its findings to the Sponsor and the Indenture Trustee. The Asset Representations Reviewer shall provide the Sponsor and the Indenture Trustee with the following reports as a result of the Asset Representations Review (collectively, the “Final Reports”):

  • Environmental Audits and Reports As soon as practicable following receipt thereof, copies of all final environmental audits, investigations, analyses and reports of any kind or character, whether prepared by personnel of Holdings or any of its Subsidiaries or by independent consultants, Government Authorities or any other Persons, with respect to significant environmental matters at any Facility that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect or with respect to any Environmental Claims that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

  • Accounting Records and Reports The Trustee will keep or cause to be kept proper books of record and accounts in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, allocation and application of the Revenues, and such books shall be available for inspection by the Authority at reasonable hours and under reasonable conditions. The Trustee shall provide to the Authority monthly statements covering the funds and accounts held pursuant to the Trust Agreement. Not more than one hundred eighty (180) days after the close of each Fiscal Year, the Trustee shall furnish or cause to be furnished to the Authority a complete financial statement (which may be in the form of the Trustee’s customary account statements) covering receipts, disbursements, allocation and application of Revenues for such Fiscal Year. The Authority shall keep or cause to be kept such information as is required under the Tax Certificate.

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