Common use of Good Faith Dispute by Manager Clause in Contracts

Good Faith Dispute by Manager. If Manager shall in good faith dispute the occurrence of any Manager Default and Manager, before the expiration of the applicable cure period, shall give notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Manager Default shall be deemed to have occurred and Manager shall have no obligation with respect thereto until final adverse determination thereof; provided, however, that in the event that such dispute is ultimately determined against Manager, then Manager shall pay to Tenant interest on any disputed funds at the Overdue Rate, from the date demand for such funds was made by Tenant until paid. If Tenant and Manager shall fail, in good faith, to resolve any such dispute within ten (10) days after Manager’s notice of dispute, either may submit the matter for resolution by Arbitration. In the event that the determination in such Arbitration is that a Manager Default, in fact, exists, Manager shall have the applicable cure period from the date of such final determination to cure such Manager Default.

Good Faith Dispute by Manager. If Manager shall in good faith dispute the occurrence of any Manager Default and Manager, before the expiration of the applicable cure period, shall give notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Manager Default shall be deemed to have occurred and provided Manager shall have no obligation with respect thereto until final adverse determination thereofescrow disputed amounts, if any, pursuant to an escrow arrangement reasonably acceptable to Tenant and Manager; provided, however, that in the event that such any dispute is ultimately determined against Manager, then Manager shall pay to Tenant interest on any disputed funds at the Overdue Rate, from the date demand for such funds was made by Tenant until paid. If Tenant and Manager shall fail, in good faith, to resolve any such dispute within ten (10) days Business Days after Manager’s notice of dispute, either may submit the matter for resolution by Arbitration. In the event that the determination in such Arbitration is that a Manager Default, in fact, exists, Manager shall have the applicable cure period from the date of such final determination to cure such Manager Default.

Good Faith Dispute by Manager. If Manager shall in good faith dispute the occurrence of any Manager Default and Manager, before the expiration of the applicable cure period, shall give notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Manager Default shall be deemed to have occurred and provided Manager shall have no obligation with respect thereto until final adverse determination thereofescrow disputed amounts, if any, pursuant to an escrow arrangement reasonably acceptable to Tenant and Manager; provided, however, that in the event that such any dispute is ultimately determined against Manager, then Manager shall pay to Tenant interest on any disputed funds at the Overdue Rate, from the date demand for such funds was made by Tenant until paid. If Tenant and Manager shall fail, in good faith, to resolve any such dispute within ten (10) days Business Days after Manager’s 's notice of dispute, either may submit the matter for resolution by Arbitrationto a court of competent jurisdiction. In the event that the determination in such Arbitration is that court shall determine a Manager Default, in fact, exists, Manager shall have the applicable cure period from the date of such the final non-appealable determination of the court to cure such Manager Default.