Quality Dispute Sample Clauses

Quality Dispute. If Seller or Hawaiian Electric has reason to believe that the quality of Biodiesel Delivered does not meet the Specifications or that the quality of Biodiesel stated in the Certificate of Quality is incorrect such as but not limited to a case where the arithmetic difference between Hawaiian Electric’s and Seller’s laboratory determination is greater than the then existing reproducibility standard for the appropriate test method specified herein, then that Party shall within three (3) business days after the issuance date of the complete Certificate of Quality, present the other Party with documents supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes. In the event of an unresolvable difference between Seller and Hawaiian Electric, the sealed part of the Precautionary Sample in the possession of the Independent Inspector shall be provided to an independent testing laboratory for an official determination, which shall be final and binding upon both Parties. Seller and Hawaiian Electric shall share equally the costs of such independent tests and determinations.
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Quality Dispute. If Seller or HECO has reason to believe that the quality of Biofuel delivered does not meet the Specification or that the quality of Biofuel stated in the Certificate of Quality is incorrect such as but not limited to a case where the arithmetic difference between HECO’s and Seller’s laboratory determination is greater than the then existing reproducibility standard for the appropriate test method specified herein, then that party shall within three (3) business days after the issuance date of the complete Certificate of Quality, present the other party with documents supporting such determination and the parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes.
Sample 1
Quality Dispute. If Seller or the Companies have reason to believe that the quality of Biodiesel Delivered does not meet the Specifications or that the quality of Biodiesel stated in the Certificate of Quality is incorrect such as but not limited to a case where the arithmetic difference between the Companies’ and Seller’s laboratory determination is greater than the then existing reproducibility standard for the appropriate test method specified herein, then that Party shall within three (3) business days after the issuance date of the complete Certificate of Quality, present the other Party with documents supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes. In the event of an unresolvable difference between Seller and the Companies, the sealed part of the Precautionary Sample in the possession of the Independent Inspector shall be provided to an independent testing laboratory for an official determination, which shall be final and binding upon both Parties. Seller and the Companies shall share equally the costs of such independent tests and determinations.
Sample 1
Quality Dispute. In the event that a dispute arises between the parties hereto with respect to any matter concerning whether the Product conforms to the Specifications, either
Sample 1
Quality Dispute. In case that the Project Owner and the Contractor are in dispute over the project quality, in addition to the settlement of the dispute according to the Article 24, the Supervisor may request the qualified engineering quality testing institution entrusted by the Parties to carry out the appraisal. The required expenses and losses caused thereby shall be borne by the responsible party; in case that such amount is caused by the Parties, then the Parties shall be liable separately according to their responsibilities. If, after the testing, the works have quality defects, then the accepted or unaccepted works that have been completed but actually put into use shall be settled in accordance with the terms of the project warranty; the completed works that have not been accepted and have not actually been put into use, as well as the works under the suspension of construction, may be settled in accordance with the settlement scheme determined based on the testing results or according to the disposal decision of the engineering quality supervision organization.
Sample 1
Quality Dispute. This Article of the General Terms and Conditions of the Contract are amended as follows: In case that the Project Owner and the Contractor are in dispute over the project quality, in addition to the settlement of the dispute according to the Article 24, the Supervisor may request the qualified engineering quality testing institution entrusted by the Parties to carry out the appraisal. The required expenses and losses caused thereby shall be borne by the responsible party; in case that such amount is caused by the Parties, then the Parties shall be liable separately according to their responsibilities. If, after the testing, the works have quality defects, then the accepted or unaccepted works that have been completed but put into use shall be settled in accordance with the terms of the project warranty, but if the Project Owner has evidence to prove that the works have quality defects, the Contractor shall still be liable for breach of contract; the completed works that have not been accepted and have not been put into use, as well as the works under the suspension of construction, maybe settled according to the disposal decision of the engineering quality supervision organization upon the consent of the Project Owner in accordance with the settlement scheme determined based on the testing results.
Sample 1

Related to Quality Dispute

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

  • Dispute a. In the event of any dispute whatsoever in respect of the sale, the Purchaser hereby expressly agrees to resolve the same with the Assignee.

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Patent Disputes Notwithstanding any other provisions of this Article 11, and subject to the provisions of Section 6.2, any dispute, controversy or claim relating to the scope, validity, enforceability or infringement of any Intrexon Patents shall be submitted to a court of competent jurisdiction in the country in which such Patent was filed or granted.

  • Settlement of Disputes; Arbitration 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive's claim has been denied.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement. NCCI shall be entitled to reimbursement for all costs, including reasonable attorney’s fees and court costs/expenses incurred by NCCI in connection with obtaining any such determination, and/or in defending any claim made or legal action taken in connection with this Agreement or the agreement(s) between BUYER/MAKER and SELLER/HOLDER which are the subject matter of this collection, except as otherwise specified herein. SELLER/HOLDER hereby gives to NCCI a continuing lien on the proceeds to which they are otherwise entitled under this Agreement to cover such fees, costs and/or expenses.

  • Governing Law Disputes Arbitration This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Should I find myself in a disagreement with the WEGC’s policies, rules or regulations and I am unable to resolve such issues in accordance with the By-laws of the WEGC, I agree that I shall bring no cause of action against the WEGC or any of the aforementioned Released Parties, and further agree to binding arbitration of those disputes. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.

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