Disputes over Statements Sample Clauses

Disputes over Statements. (a) Disputes in relation to a final statement must be raised within 6 months of the date of the billing period to which the statement relates. If a party does not raise a dispute within that period, the party will be taken to have agreed to the way in which that matter is dealt with in the final statement.
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Disputes over Statements. If there is a dispute between the parties concerning the charges or any other amounts payable by one party to the other specified in a preliminary statement, the parties agree to use reasonable endeavours to resolve the dispute within 15 business days of the end of the relevant Billing Period. The dispute must be resolved by agreement or in accordance with clause 14. If the parties have not resolved the dispute before the time at which AEMO must give the SRAS Provider the final statement, AEMO must prepare that final statement on the basis of its own assessment of the charges and any other amounts payable under this Agreement in respect of that Billing Period. Disputes in relation to a final statement must be raised within 6 months of the date of the relevant final statement. If a party does not raise a dispute within that period, the party will be taken to have agreed to the way in which that matter is dealt with in the final statement.
Sample 1Sample 2
Disputes over Statements. If there is a dispute between the parties concerning the charges or any other amounts payable by one party to the other specified in a preliminary statement, the parties agree to use reasonable endeavours to resolve the dispute within 15 business days of the end of the relevant Billing Period. The dispute must be resolved by agreement or in accordance with clause 14. If the parties have not resolved the dispute before the time at which AEMO must give the SRAS Provider the final statement, AEMO must prepare that final statement on the basis of its own assessment of the charges and any other amounts payable under this Agreement in respect of that Billing Period. Disputes in relation to a final statement must be raised within 6 months of the date of the relevant final statement. If a party does not raise a dispute within that period, the party will be taken to have agreed to the way in which that matter is dealt with in the final statement. Payment If a final statement indicates that a party must pay the other party a net amount, that party must pay the net amount specified in the final statement to the other party (whether or not there is a dispute in relation to the amount payable) on the later of:
Sample 1Sample 2
Disputes over Statements. (a) If there is a dispute between the parties concerning the charges or any other amounts payable by one party to the other specified in a preliminary statement, the parties agree to use reasonable endeavours to resolve the dispute within 15 business days of the end of the relevant Billing Period. The dispute must be resolved by agreement or in accordance with clause 14.
Sample 1Sample 2
Disputes over Statements. (a) If there is a dispute between the parties concerning the charges or any other amounts payable by one party to the other specified in a preliminary statement, the parties agree to use reasonable endeavours to resolve the dispute within 15 business days of the end of the relevant Billing Period. The dispute must be resolved by agreement or in accordance with clause 14. If the parties have not resolved the dispute before the time at which AEMO must give the SRAS Provider the final statement, AEMO must prepare that final statement on the basis of its own assessment of the charges and any other amounts payable under this Agreement in respect of that Billing Period.
Sample 1Sample 2
Disputes over Statements. Disputes in relation to a final statement must be raised within 6 months of the date of the billing period to which the statement relates. If a party does not raise a dispute within that period, the party will be taken to have agreed to the way in which that matter is dealt with in the final statement. Payment If a final statement indicates that a party must pay the other party a net amount, that party must pay the net amount specified in the final statement to the other party (whether or not there is a dispute in relation to the amount payable) on the later of: the 20th business day after the end of the billing period; and the 2nd business day after XXXX gives the final statement. Adjustment Where the parties agree that the charges or any other amounts specified in a final statement are incorrect, or it is determined in accordance with clause 14 that they were incorrect or not payable, or the quantity of reserve is amended in accordance with this Agreement or a reserve contract, AEMO must issue a replacement statement for the billing period stating the correct charges or any other amounts payable. If a payment has already been made, the party advantaged must pay the other party the amount required to put the other party in the position it would have been in at the time payment was due under clause 9.5 plus interest on the difference between the amount paid to the party advantaged and the amount that should have been paid. The interest accrues daily at the bank bill rate on the relevant day for each day from the date on which payment was made under clause 9.5 until payment is made under this paragraph (b). Payment under paragraph (b) must be made on the same day as the next payment is made under clause 9.5 or set off against an amount due to the party advantaged by the other party, or if no subsequent payments are to occur under clause 9.5, within 15 business days after the replacement statement is given under paragraph (a).
Sample 1

Related to Disputes over Statements

  • Settlement of Disputes between the Contracting Parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.

  • 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.

  • Resolution of disputes and grievances (a) For the purpose of this clause 14, a dispute includes a grievance.

  • Disputes between the Contracting Parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.

  • 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.

  • Disputes and Claims Failure to file such a protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustments or non- adjustment to the contract price and/or contract time set forth in the field order.

  • Submission of Audits and Financial Statements A. Audits Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically one copy of the single audit or program-specific audit to the System Agency via:

  • Governing Law; Disputes This Agreement shall in accordance with Section 5-1401 of the General Obligations Law of New York in all respects be construed, governed, applied and enforced under the internal laws of the State of New York without giving effect to the principles of conflicts of laws and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York. Except as otherwise set forth in Article “19” of this Agreement, the parties agree that they shall be deemed to have agreed to binding arbitration with respect to the entire subject matter of any and all disputes relating to or arising under this Agreement including, but not limited to, the specific matters or disputes as to which arbitration has been expressly provided for by other provisions of this Agreement and that any such arbitration shall be commenced exclusively in New York, New York. Any such arbitration shall be by a panel of three arbitrators and pursuant to the commercial rules then existing of the American Arbitration Association in the State of New York, County of New York. In all arbitrations, judgment upon the arbitration award may be entered in any court having jurisdiction. The parties specifically designate the courts in the City of New York, State of New York as properly having jurisdiction for any proceeding to confirm and enter judgment upon any such arbitration award. The parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York in any action or proceeding and submit to personal jurisdiction over each of them by such courts. The parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested, in accordance with Paragraph “C” of this Article “21” of this Agreement. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties agree, further, that the prevailing party in any such arbitration as determined by the arbitrators shall be entitled to such costs and attorney's fees, if any, in connection with such arbitration as may be awarded by the arbitrators. In connection with the arbitrators’ determination for the purpose of which party, if any, is the prevailing party, they shall take into account all of the factors and circumstances including, without limitation, the relief sought, and by whom, and the relief, if any, awarded, and to whom. In addition, and notwithstanding the foregoing sentence, a party shall not be deemed to be the prevailing party in a claim seeking monetary damages, unless the amount of the arbitration award exceeds the amount offered in a legally binding writing by the other party by fifteen (15%) percent or more. For example, if the party initiating arbitration (“A”) seeks an award of one hundred thousand ($100,000) dollars plus costs and expenses, the other party (“B”) has offered A fifty thousand ($50,000) dollars in a legally binding written offer prior to the commencement of the arbitration proceeding, and the arbitration panel awards any amount less than fifty-seven thousand five hundred ($57,500) dollars to A, the panel should determine that B has “prevailed”. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. It shall also have no power to award (i) damages inconsistent with any applicable agreement between the parties or (ii) punitive damages or any other damages not measured by the prevailing party’s actual damages; and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held invalid or unenforceable, shall the arbitration panel have power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction. Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only as provided in the rules of the American Arbitration Association in New York, New York. Before making any such disclosure, a party shall give written notice to all other parties and shall afford such parties a reasonable opportunity to protect their interest.

  • Disputes between the Parties Any dispute between the Parties in connection with this Agreement shall be resolved by arbitration in accordance with the procedures set forth in Exhibit B; provided, however, that either Party may seek a restraining order, temporary injunction, or other provisional relief in any court with jurisdiction over the subject matter of the dispute and sitting in Houston, Texas, if such Party in its sole judgment believes that such action is necessary to avoid irreparable injury or to preserve the status quo ante.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

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