Disputes about Loss Factors Sample Clauses

Disputes about Loss Factors. If the Distributor does not change its notice after having received a complaint from the Trader, the Trader may raise a Dispute with the Distributor for the Loss Factors to be determined in accordance with the Dispute resolution process in clause 23. If the outcome of the Dispute is that the Distributor changes the Loss Factors declared in the Distributor's notice, and the change leads to a change in the level of revenue received by the Distributor, the Distributor may determine the time from which the change is to apply, which must be no later than 60 Working Days from the date on which the Dispute is finally resolved.
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Disputes about Loss Factors. If the Distributor does not change its notice after having received a complaint from the Trader, the Trader may raise a Dispute with the Distributor for the Loss Factors to be determined in accordance with the Dispute resolution process in clause
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Disputes about Loss Factors. If the Distributor does not change its notice after having received a complaint from the Retailer, the Retailer may raise a Dispute with the Distributor for the Loss Factors to be determined in accordance with the Dispute resolution process in clause 25. If the outcome of the Dispute is that the Distributor changes the Loss Factors declared in the Distributor's notice, and the change leads to a change in the level of revenue received by the Distributor, the Distributor may determine the time from which the change is to apply, which will be no later than 60 Working Days from the date on which the Dispute is finally resolved. SERVICE PERFORMANCE REPORTING Parties to report on performance relative to Service Standards: Each party will, unless it is required by law (including any regulations and the Code) to publish such information elsewhere, prepare a report on its performance relative to the Service Standards in accordance with the reporting measures and at the frequency set out in schedule 1 (“Performance Report”).
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Disputes about Loss Factors. If the Distributor does not change its notice after having received a complaint from the Retailer, the Retailer may raise a Dispute with the Distributor for the Loss Factors to be determined in accordance with the Dispute resolution process in clause 25. If the outcome of the Dispute is that the Distributor changes the Loss Factors declared in the Distributor’s notice, and the change leads to a change in the level of revenue received by the Distributor, the Distributor may determine the time from which the change is to apply, which will be no later than 60 Working Days from the date on which the Dispute is finally resolved. SERVICE PERFORMANCE REPORTING Performance reports: Either party (the “Requester”) may from time to time request that the other party (the “Provider”) provide performance reports, including reports containing: a comparison between the actual service performance to the target Service Levels and the service performance reporting measures for each applicable Service Standard; an explanation of the reasons for any significant under-performance by either party identified under clause 8.1(a), together with an explanation of the actions the party proposes to undertake to rectify that under‑performance; and if a party claimed during the relevant reporting period that it was unable to meet the Service Standards due to the occurrence of a Force Majeure Event for which it invoked clause 23, give a full account of the nature of the Force Majeure Event and the impact of the Force Majeure Event on that party’s performance in relation to the Service Standards. The Provider will comply with such requests if it is reasonable to do so. The Provider may charge the Requester for the costs reasonably incurred in preparing and supplying such reports, provided that if a report is requested due to a suspected failure by the Provider to meet a Service Standard, and the report demonstrates that such failure existed, no charge may be levied. Commercial sensitivity and insurance not to be compromised: Nothing in this clause 8 requires either party to disclose commercially sensitive information or other information that may adversely affect an insurance policy held by that party. PART II - PAYMENT OBLIGATIONS DISTRIBUTION SERVICES PRICES AND PROCESS FOR CHANGING PRICES Tariff Rate changes: Unless otherwise agreed with the Retailer (such agreement not to be unreasonably withheld or delayed), the Distributor may change its Tariff Rates no more than once in any period ...
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Related to Disputes about Loss Factors

  • Disputes and Adjustments of Invoices In the event an invoice or portion thereof or any other claim or adjustments arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. The Parties agree to use good faith efforts to resolve the dispute or identify the adjustment as soon as possible in accordance with the provisions of Article Eighteen (Dispute Resolution). Upon resolution of the dispute or calculation of the adjustment, any required payment shall be made within fifteen (15) calendar days of such resolution along with interest accrued at the Interest Rate from and including the due date, but excluding the date on which the payment is made. Inadvertent overpayments shall be returned upon request or deducted by the Party receiving such overpayment from subsequent invoices, with interest accrued at the Interest Rate from and including the date of such overpayment to but excluding the date repaid or deducted by the Party receiving such overpayment. Any dispute with respect to an invoice is waived unless the other Party is Notified in accordance with this Section 9.4 within twelve (12) months after the invoice is rendered or any specific adjustment to the invoice is made. If an invoice is not rendered within twelve (12) months after the close of the month during which performance giving rise to the payment obligation occurred (or in the case of amounts based on CAISO invoices within twelve (12) months after the close of the month during which such invoice or revised invoice giving rise to the payment obligation was rendered), the right to payment for such performance is waived.

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.

  • POST-REVIEW DISCOVERIES If, during the implementation of an undertaking, a previously unidentified property that may be eligible for inclusion in the National Register is encountered, or a known historic property may be affected in an unanticipated manner, the Agency Official shall follow 36 C.F.R. § 800.13(b).

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