Common use of Good Faith Dispute Clause in Contracts

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