Disputed Xxxx. 10.5.1 If the Buyer does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within fifteen (15) days of receiving such Xxxx shall be taken as conclusive.
10.5.2 If the Buyer disputes the amount payable under a Monthly Xxxx or a Supplementary Xxxx, as the case may be, it shall pay 50% of the invoice amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out:
i) the details of the disputed amount;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its claim.
10.5.3 If the SPD agrees to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, the SPD shall revise such Xxxx and present along with the next Monthly Xxxx. In such a case excess amount shall be refunded along with interest at the same rate as Late Payment Surcharge, which shall be applied from the date on which such excess payment was made by the disputing Party to the invoicing Party and up to and including the date on which such payment has been received as refund.
10.5.4 If the SPD does not agree to the claim raised in the Xxxx Dispute Notice issued pursuant to Article 10.5.2, it shall, within fifteen (15) days of receiving the Xxxx Dispute Notice, furnish a notice (Xxxx Disagreement Notice) to the Buyer providing:
i) reasons for its disagreement;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its counter-claim.
10.5.5 Upon receipt of the Xxxx Disagreement Notice by the Buyer under Article 10.5.4, authorized representative(s) or a director of the board of directors/ member of board of the Buyer and SPD shall meet and make best endeavours to amicably resolve such dispute within fifteen (15) days of receipt of the Xxxx Disagreement Notice.
10.5.6 If the Parties do not amicably resolve the Dispute within fifteen (15) days of receipt of Xxxx Disagreement Notice pursuant to Article 10.5.4, the matter shall be referred to Dispute resolution in accordance with Article 16.
10.5.7 For the avoidance of doubt, it is clarified the despite a Dispute regarding an invoice, SECI shall, without prejudice to its right to Dispute, be under an obligation to make payment of 50% of the invoice amount in the Monthly Xxxx.
Disputed Xxxx. In the event of a dispute as to the amount of any Tariff Invoice, APDCL shall notify the Power Producer of the amount in dispute and APDCL shall pay the Power Producer 100% of the undisputed amount within the due date provided either party shall have the right to approach the AERC to effect a higher or lesser payment on the disputed amount. The Parties shall discuss within a week from the date on which APDCL notifies the Power Producer of the amount in dispute and try and settle the dispute amicably. Where any dispute arising out of or in connection with this agreement is not resolved mutually then such dispute shall be submitted to adjudication by the AERC under Section 79 or 86 of Electricity Xxx 0000 and the AERC may refer the matter to Arbitration as provided in the said provision read with Section 158 of Electricity Xxx 0000. For dispute beyond the power conferred upon the AERC, such dispute shall be subject to jurisdiction of High Court at Guwahati. If the dispute is not settled during such discussion, then the payment made by APDCL shall be considered as a payment under protest. Upon resolution of the dispute, in case the Power Producer is subsequently found to have overcharged, then it shall return the overcharged amount with an interest of SBI 1-year Marginal Cost of Funds Based Lending Rate (MCLR) per annum plus 1.25% for the period it retained the additional amount. APDCL / Power Producer shall not have the right to challenge any Tariff Invoice, or to bring any court or administrative action of any kind questioning/modifying a Tariff Invoice after a period of three years from the date of the Tariff Invoice is due and payable.
Disputed Xxxx. 8.4.1 If the Consumer disagrees with the amount specified in any Monthly Xxxx issued by the SPO, it shall give notice of such disagreement/dispute within 7 (Seven) days from the date of receipt of such Monthly Xxxx by the SPO. If the Consumer does not dispute the Monthly Xxxx within this time period, such Monthly Xxxx shall be regarded as conclusive between both Parties.
8.4.2 If the Consumer raises any dispute on a Monthly Xxxx ("Disputed Xxxx") within the period above-mentioned, it shall do so by issuing a written notice to the SPO setting out in detail the grounds of its dispute, calculation of the disputed amount along with all supporting explanation/evidence.
8.4.3 The Parties will thereafter act in good faith to mutually agree and resolve the dispute. If the Parties are unable to reach an agreement in respect of the dispute within 15 (Fifteen) days from the date of receipt of notice of dispute from the Consumer by the SPO, the matter may be referred to arbitration under terms of this Agreement. The existence of a dispute relating to the Disputed Xxxx shall not relieve either Party of its obligations under the Agreement.
Disputed Xxxx. 4.1 If the Discoms does not dispute a Monthly Xxxx raised by the other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive and binding.
4.2 If the Discoms disputes the amount payable under a Monthly Xxxx it shall pay 95% of the disputed amount and it shall within fifteen (15) days of receiving such Xxxx, issue a notice (the "Xxxx Dispute Notice") to the invoicing Party setting out:
i) the details of the disputed amount;
ii) its estimate of what the correct amount should be; and
iii) all written material in support of its claim.
Disputed Xxxx. Each xxxx shall be subject to adjustment for any errors in arithmetic, computation, estimating, or otherwise. The Parties shall use their reasonable best efforts to resolve disputes promptly. If after such good faith negotiations, the Parties are unable to resolve the dispute, the Parties may: (i) by mutual agreement, submit the dispute to binding arbitration or other alternative dispute resolution rules and procedures to which both Parties agree; or (ii) pursue any legal or equitable remedies that may be available. Unless otherwise agreed, in case of a dispute to any portion of any xxxx, as long as the Purchase Product and Amount has been delivered to the Delivery Point, the amount in dispute shall be deposited to an interest bearing escrow account by the Party that disputes the amount to be paid until the dispute has been resolved. Unless otherwise agreed, upon final determination of the correct xxxx amount, any necessary billing adjustments shall be made within thirty (30) days, together with interest from the due date for payment of the xxxx, calculated at the rate provided under the FERC’s regulations (18 C.F.R. Section 35.19a or any successor thereto). BUYER’s payment of a xxxx (whether or not under protest) shall not affect any legal or equitable rights a Party may have to challenge the correctness of the xxxx within the time limitations established in Article 8.3 below.
Disputed Xxxx. 10.5.1 If the NODAL RAILWAY does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the SPD within thirty (30) days of receiving such Xxxx shall be taken as conclusive.
Disputed Xxxx. Xxxxxx If an employee covered by the Company's present Weekly Indemnity Plan suffers a disability for which payment is in dispute and/or delayed by W.S.I.B., Weekly Indemnity payment will be made retroactive if requested by the employee and provided he has been off work for at least one (1) month due to the disability without W.S.I.B. having accepted the claim and providing the employee is subject to the rules and regulations covering the Weekly Indemnity Plan. If the W.S.I.B. claim is subsequently established, the employee will then repay the Weekly Indemnity payments received to the appropriate fund. On layoff, the Company will continue to pay the monthly premium cost of the following plans to the end of the month, which the employee is laid off and for the succeeding month: Drug Plan Semi-Private Hospitalization O.H.I.P. Dental Plan Vision Care Injury while at Work For employees who qualify under Article XII, the Company agrees that an employee shall be paid at the regular rate for the balance of his shift lost because of injury while at work. It is also agreed and understood that where an employee is unable to return to work he will be required to show proof to qualify for the above. Vision Care Equivalent Blue Cross - effective date of ratification $210/24. If the use of an ambulance is medically necessary. The Company will pay the OHIP deductible.
Disputed Xxxx. If any portion of any xxxx is disputed, the undisputed amount shall be paid when due.
Disputed Xxxx. 6.1 If a Party does not dispute a Monthly Xxxx, Provisional Xxxx or a Supplementary Xxxx raised by the other Party within thirty (30) days of receiving it, such xxxx shall be taken as conclusive.
Disputed Xxxx. 13.7.1. If BESCOM does not dispute a Monthly Xxxx or a Supplementary Xxxx raised by the Developer by the Due Date, such Xxxx shall be taken as conclusive subject to reconciliation as per Clause 13.8.
