Common use of Financial Issue Resolution Process Clause in Contracts

Financial Issue Resolution Process. Disputes between FAAC and the Members’ Representative, that cannot be resolved by negotiation within thirty (30) days after receipt by FAAC of the Members’ Representative’s notice in accordance with Section 2.4(d) shall be referred no later than such 30th day for decision to a nationally recognized independent public accounting firm mutually selected by the Members’ Representative and FAAC (the “Auditor”) who shall act as arbitrator and determine, based solely on presentations by the Members’ Representative and FAAC and only with respect to the remaining differences so submitted. If such accounting firm cannot be identified within ten (10) business days after the identification of the need for dispute resolution, the dispute shall be resolved in accordance with Section 11.11. The Auditor shall deliver its written determination to FAAC and the Members’ Representative no later than the 30th day after the remaining differences underlying the dispute are referred to the Auditor, or such longer period of time as the Auditor determines is necessary. The Auditor’s determination shall be conclusive and binding upon the parties. The fees and disbursements of the Auditor shall be allocated equally between FAAC and the Members’ Representative. FAAC and the Members shall make readily available to the Auditor all relevant information, books and records and any work papers relating to the dispute and all other items reasonably requested by the Auditor. In no event may the Auditor’s resolution of any difference be for an amount that is outside the range of FAAC’s and the Members’ Representative’s disagreement.

Financial Issue Resolution Process. Disputes between FAAC ATS and the MembersStockholders’ Representative, Representative that cannot be resolved by negotiation within thirty (30) days after receipt by FAAC ATS of the MembersPrincipal Stockholders’ Representative’s notice in accordance with Section 2.4(d2.11(b) shall be referred no later than such 30th day for decision to a nationally recognized independent public accounting firm mutually selected by the MembersStockholders’ Representative and FAAC ATS (the “Auditor”) who ), which shall act as arbitrator and determinedetermine a resolution of the dispute, based solely on presentations by the Members’ Representative Stockholders and FAAC ATS and only with respect to the remaining differences so submitted. If such accounting firm cannot be identified within ten (10) business days after the identification of the need for dispute resolution, the dispute shall be resolved in accordance with Section 11.1112.11. The Auditor shall deliver its written determination to FAAC ATS and the MembersStockholders’ Representative Representative, no later than the 30th day after the remaining differences underlying the dispute are referred to the Auditor, or such longer period of time as the Auditor determines is necessary. The Auditor’s determination shall be conclusive and binding upon the parties. The fees and disbursements of the Auditor shall be allocated equally between FAAC ATS and the Members’ RepresentativePrincipal Stockholders. FAAC ATS and the Members Stockholders’ Representative shall make readily available to the Auditor all relevant information, books and records and any work papers relating to the dispute and all other items reasonably requested by the Auditor. In no event may the Auditor’s resolution of any difference be for an amount that is outside the range of FAAC’s ATS’ and the MembersPrincipal Stockholders’ Representative’s disagreement.