Election and Asset Allocation Statement Clause Samples

Election and Asset Allocation Statement. If within 30 days after delivery of the 338(h)(10) Election and Asset Allocation Statement, Seller notifies Purchaser in writing that Seller objects to an allocation set forth in the 338(h)(10) Election and Asset Allocation Statement, Purchaser and Seller shall use commercially reasonable effort to resolve such dispute within 30 days; provided, however, that, if Purchaser and Seller are unable to resolve their dispute within such 30-day period, Purchaser and Seller shall jointly retain the Arbitrator to resolve the disputed items. Upon resolution of the disputed items, the allocations reflected on the 338(h)(10) Election and Asset Allocation Statement shall be adjusted to reflect such resolution. The costs, fees and expenses of the Arbitrator shall be borne equally by Purchaser and Seller.