Disputes Regarding Fees. (a) It is the Parties’ intent that any disputes regarding performance standards of the Professional Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Professional Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Professional Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Professional Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action. At the request of Professional Business Manager or the Practice, the Practice Advisory Council shall make recommendations to Professional Business Manager with respect to any dispute concerning a set off or reduction in Management Fees.
(b) If the Parties cannot reach a resolution within a reasonable time, the Parties shall submit the dispute to mediation to be conducted in accordance with the American Arbitration Association’s Commercial Mediation Rules.
(c) If the mediation process fails to resolve the dispute, the dispute shall be submitted by either Party to binding arbitration under Section 8.7.
Disputes Regarding Fees. (a) It is the parties' intent that any disputes regarding Business Manager's performance hereunder shall be resolved to the extent possible by good faith negotiations. To that end, the parties agree that if Practice in good faith believes that Business Manager has failed to perform its obligations, and that as a result of such failure, Practice is entitled to a set-off or reduction in its Management Fees, Practice shall give Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Business Manager and Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the parties shall implement the resolution without further action.
(b) If the parties cannot reach a resolution within thirty (30) days, and the amount at issue is $25,000 or less, then the dispute shall be submitted to the Policy Board. The Policy Board shall then consider, develop and implement a resolution of such dispute which shall be final and binding upon Practice and Business Manager.
(c) If the amount in dispute is greater than $25,000, and Business Manager and Practice fail to resolve the dispute, then such dispute shall be submitted by either party to binding arbitration as described by Article X of the Contribution and Exchange Agreement.
Disputes Regarding Fees. PC shall not be entitled to a set-off or reduction in its Management Fees by reason of its belief that Business Manager has failed to perform its obligations hereunder or otherwise.
Disputes Regarding Fees. (a) It is the parties' intent that any disputes regarding Business Manager's performance hereunder shall be resolved to the extent possible by good faith negotiations. To that end, the parties agree that if Practice in good faith believes that Business Manager has failed to perform its obligations, and that as a result of such failure, Practice is entitled to a set-off or reduction in its Management Fees, Practice shall give Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Business Manager and Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the parties shall implement the resolution without further action.
(b) If the parties cannot reach a resolution within thirty (30) days, and the amount at issue is $25,000 or less, then the dispute shall be submitted to the Policy Board. The Policy Board shall then consider, develop and implement a resolution of such dispute which shall be final and binding upon Practice and Business Manager.
(c) If the amount in dispute is greater than $25,000, and Business Manager and Practice fail to resolve the dispute, then such dispute shall be submitted by either party to binding arbitration as described in Article 7 of this Management Services Agreement. The parties hereto expressly acknowledge and agree that any arbitration regarding a dispute under this Section 6.6(c) shall be limited solely to the determination of the amount of fees due and owing either party, and shall not address or rule in any manner on matters relating to any alleged breaches by either party hereto or any potential remedies therefor. Nothing herein shall preclude the exercise by Practice of any remedies available at law or equity with respect to matters outside the scope of the arbitration.
Disputes Regarding Fees. (a) It is the parties' intent that any disputes regarding the payment of the Management Fee shall be resolved to the extent possible by good faith negotiation. Business Manager and Medical Group shall negotiate the dispute in good faith, and if an agreement is reached, the parties shall implement the resolution without further action.
(b) If the parties cannot reach a resolution within a reasonable time, Medical Group shall, at its option, submit the dispute to mediation. Mediation shall be conducted in Beaumont, Texas in accordance with the rules of the National Health Lawyers Association Alternative Dispute Resolution Service, and if the amount in dispute is $25,000 or less, the mediation shall be binding.
(c) If the amount in dispute is greater than $25,000, or if the mediation process fails to resolve the dispute, the dispute shall be submitted by either party to binding arbitration pursuant to the Master Transaction Agreement.
Disputes Regarding Fees. (a) It is the Parties' intent that any disputes regarding performance standards of the Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action.
(b) If the Parties cannot reach a resolution within a reasonable time, the Parties shall submit the dispute to mediation to be conducted in accordance with the American Arbitration Association's Commercial Mediation Rules.
(c) If the mediation process fails to resolve the dispute, the Parties may seek such legal redress as they choose.
Disputes Regarding Fees. PA shall not be entitled to a set-off or reduction in its Management Fees by reason of its belief that Business Manager has failed to perform its obligations hereunder or otherwise.
Disputes Regarding Fees. 42 ARTICLE 7
Disputes Regarding Fees. (a) It is the Parties' intent that any disputes regarding performance standards of the Business Manager be resolved to the extent possible by good faith negotiation. To that end, the Parties agree that if the Practice in good faith believes that Business Manager has failed to perform its obligations, and that as a result of such failure, the Practice is entitled to a set-off or reduction in its Management Fees, the Practice shall give Business Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Business Manager and the Practice shall then negotiate the dispute in good faith, and if an agreement is reached, the Parties shall implement the resolution without further action.
(b) If the Parties cannot reach a resolution within a reasonable time, the Parties shall submit the dispute to mediation to be conducted in accordance with the Florida Mediation Rules.
(c) If the mediation process fails to resolve the dispute, the dispute shall be submitted by either Party to binding arbitration under Section 8.7.
Disputes Regarding Fees. (a) It is the parties' intent that any disputes regarding performance standards of the Manager be resolved to the extent possible by good faith negotiation. To that end, the parties agree that if the Association in good faith believes that Manager has failed to perform its obligations, and that as a result of such failure, the Association is entitled to a set-off or reduction in its Management Fees, the Association shall give Manager notice of the perceived failure and request in the notice a set-off or reduction in Management Fees. Manager and the Association shall then negotiate the dispute in good faith, and if an agreement is reached, the parties shall implement the resolution without further action.
(b) If an agreement cannot be reached to resolve the dispute, the Association may submit the dispute to mediation pursuant to Section 7.6 hereof.
