Common use of Fee Disputes Clause in Contracts

Fee Disputes. In accordance with Section 3.E (Payment) of this Master Services Agreement, Client may withhold the portion of an invoice for particular fees, subject to a bona fide dispute. Upon receipt of a Dispute Notice, the parties shall immediately meet (including, without limitation, by telephone conference) to attempt to resolve the dispute. If the parties are unable to resolve the dispute at such meeting (a “Payment Dispute”) then either party may implement the following expedited payment dispute escalation procedures: 5.1 Either party may initiate the expedited process by an arbitrator by sending notice of such request to the other party and describing the dispute or referencing this Section 5.1 (a “Dispute Notice”). 5.2 For five (5) business days after delivery of the Dispute Notice, the parties each shall use good faith efforts to mutually agree upon an arbitrator. If the parties are not able to agree upon an arbitrator within such period of time, such arbitrator shall be selected in accordance with the International Institute for Conflict Prevention and Resolution for Non-Administered Arbitration, or its successor. 5.3 The arbitrator shall possess at least fifteen (15) years of relevant experience in a law firm or corporate law department of over twenty-five (25) lawyers or a judge of a court of general jurisdiction. The arbitrator shall not have represented or acted on behalf of either party, or be otherwise affiliated with or interested in either party. 5.4 Upon selection of the arbitrator, the parties shall agree on a schedule to present the dispute to the arbitrator and obtain a decision as described herein, during a time frame of no more than twenty (20) days. In the event the parties cannot agree upon a schedule, the arbitrator shall provide a schedule. Each party shall simultaneously submit a memorandum to the arbitrator that is not more than ten (10) pages in length, accompanied by relevant documents and not more than three (3)

Appears in 5 contracts

Samples: Master Services Agreement, Master Services Agreement (Broadridge Financial Solutions, Inc.), Master Services Agreement (Penson Worldwide Inc)

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