Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e) shall be subject to the dispute resolution procedures in Article 10; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances to the Non- Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.
Appears in 18 contracts
Samples: Master Standard Service, Master Pipp Supply Agreement, Master Pipp Supply Agreement
Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e7.3(e) shall be subject to the dispute resolution procedures in Article 1011; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances Performance Assurance to the Non- Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.
Appears in 16 contracts
Samples: Supply Agreement, Master Pipp Supply Agreement, Master Pipp Supply Agreement
Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e7.3(e) shall be subject to the dispute resolution procedures in Article 1011; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances Performance Assurance to the Non- Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.
Appears in 10 contracts
Samples: Supply Agreement, Master Pipp Supply Agreement, Master Sso Supply Agreement
Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e) shall be subject to the dispute resolution procedures in Article 10; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances to the Non- Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.
Appears in 6 contracts
Samples: Master Sso Supply Agreement, Master Sso Supply Agreement, Master Sso Supply Agreement