Common use of Disputed Reports Clause in Contracts

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.

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 Refined Silver, or make or return any additional payment in respect of delivered Payable SilverRecovered Metal, unless either Party notifies the other in writing (a “Dispute Notice”) that it disputes an invoice, report or quantity of Refined Silver or Payable Metal previously delivered within three years from the date of delivery of such invoice, report or quantity of Refined SilverSilver or Payable Metal. (2) Purchaser and Seller shall have 60 30 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 Metal for the period covered by the Dispute Notice is at least two percent 2% greater than the number of ounces Units of Payable Metal actually delivered in the form of Refined Silver actually delivered equivalents in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of Seller.

Disputed Reports. (1) Any invoice or report provided pursuant to Section 5.1 and all deliveries of Refined Silver Copper under this Agreement shall be deemed final and conclusive for all purposes with no adjustments, revisions or obligation to deliver any additional Refined Silver Copper or return any delivered Payable SilverReference Copper, or make or return any additional payment in respect of delivered Payable SilverReference Copper, unless either Party notifies the other in writing (a “Dispute Notice”) that it disputes an invoice, report or quantity of Refined Silver Copper previously delivered within three years from the date of delivery of such invoice, report or quantity of Refined SilverCopper. (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 Reference Copper for the period covered by the Dispute Notice is greater than the number of ounces tonnes of Refined Silver Copper actually delivered in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of Seller.

Disputed Reports. (1a) Any invoice or report provided pursuant to Section 5.1 Sections 2.3 and 6.1 and all deliveries of Refined Silver Payable Copper under this Agreement shall be deemed final and conclusive for all purposes with no adjustments, revisions or obligation to deliver any additional Refined Silver copper or return any delivered Payable SilverCopper, or make or return any additional payment in respect of delivered Payable SilverCopper, unless either a Party notifies the other in writing (a “Dispute Notice”) that it disputes an a previous invoice, report or quantity of Refined Silver copper previously delivered within three two years from the date of delivery of such invoice, report or quantity of Refined Silver.copper; (2b) The Purchaser and the Seller shall have 60 30 days from the date the Dispute Notice is delivered to resolve the dispute. If the Purchaser and the Seller have not resolved the dispute within such period, then Purchaser either Party shall have the right to require the Seller to deliver an Auditor’s Report with respect to the subject matter of the dispute. Each of the parties Parties agrees to deliver such Books and Records as may be reasonably requested by the Person person completing the Auditor’s Report.; and (3c) The If the Dispute Notice is initiated by the Purchaser, the costs of the Auditor’s Report shall be paid by the Purchaser, unless the Auditor’s Report concludes that the quantity of Payable Silver Copper for the period covered by the Dispute Notice is greater than the number quantity of ounces of Refined Silver Payable Copper actually delivered in respect of such period, in which event the cost of the Auditor’s Report shall be for the account of the Seller.