Resolution of Certain Disputes. Any disagreement between the Parties with respect to any matter that is the subject of this Agreement, including, without limitation, any disagreement with respect to any calculation or other determinations by DBE hereunder, which is not resolved by mutual agreement of the Parties, shall be resolved by a nationally recognized independent accounting firm chosen by and mutually acceptable to the Parties hereto (an “Accounting Referee”). Such Accounting Referee shall be chosen by the Parties within fifteen (15) business days from the date on which one Party serves written notice on another Party requesting the appointment of an Accounting Referee, provided that such notice specifically describes the calculations to be considered and resolved by the Accounting Referee. In the event the Parties cannot agree on the selection of an Accounting Referee, then the Accounting Referee shall be any office or branch of the public accounting firm of PricewaterhouseCoopers LLP. The Accounting Referee shall resolve any such disagreements as specified in the notice within 30 days of appointment; provided, however, that no Party shall be required to deliver any document or take any other action pursuant to this Section 6.11 if it determines that such action would result in the waiver of any legal privilege or any detriment to its business. Any resolution of an issue submitted to the Accounting Referee shall be final and binding on the Parties hereto without further recourse. The Parties shall share the costs and fees of the Accounting Referee equally.
Resolution of Certain Disputes. If there is a dispute or disagreement between (1) Exhibitor and an official contractor, (2) Exhibitor and a labor union or labor union representative or (3) Exhibitor and one or more exhibitors, Shoppe Object’s interpretations of the rules governing the Show and its actions or decisions concerning the dispute or disagreement and its resolution shall be binding on Exhibitor.
Resolution of Certain Disputes. (a) If the parties are unable to resolve any monetary dispute under this Agreement or any dispute as to the interpretation of a provision of this Agreement (each, a "Dispute"), the baseball decision rules ("Baseball Arbitration") set forth in Section 10.12(b) shall apply. If the parties are unable to resolve any other disputes (each a "Breach Dispute"), including without limitation disputes regarding a breach or default under this Agreement, the parties shall arbitrate such dispute pursuant to the rules set forth in Section 10.12(c).
(b) Any such Dispute shall be resolved by a single Arbitrator. In the event of a Dispute, either party may request by written notice to the other party that it wishes to submit the disputed matter for resolution by Baseball Arbitration. The parties agree to submit to an Arbitrator within 30 days after the requesting party's notice has been received by the other party. Within fifteen (15) days (the "Submission Period") after the appointment of the arbitrator (the "Arbitrator") in accordance with the Commercial Arbitration Rules (then in effect) of the American Arbitration Association for arbitration of commercial disputes (the "AAA"), each party shall submit to the Arbitrator its own proposal for the resolution of the contested issue. Such submissions shall remain secret until after the Arbitrator has received each party's proposal, at which time the Arbitrator shall inform each party of the other's proposal. No such proposal may be amended after it is submitted to the Arbitrator. The Arbitrator shall compare the proposals. The Arbitrator shall determine which proposal he or she believes to be the resolution most closely in accordance with the relevant provisions of this Agreement and shall order the adoption of such proposal as the relief granted. If any party fails to submit its proposal by the end of the Submission Period, the Arbitrator shall order the adoption of the other party's proposal. The Arbitrator may rely upon such evidence as the Arbitrator may choose in his or her discretion in making such determination, and may permit discovery in accordance with the provisions of this Section 10.12(b).
(c) Any such Breach Dispute shall be resolved by a single Arbitrator. In the event of a Breach Dispute either party may request by written notice to the other party that it wishes to submit the disputed matter for resolution by an Arbitrator. The parties agree to submit to an Arbitrator within 30 days after the requesting party'...
Resolution of Certain Disputes. Disagreements between Thermo Electron and Viasys shall be resolved as quickly as possible and, if not resolved within thirty days, shall be referred for binding resolution to a mutually agreeable accounting firm as soon as practicable thereafter. In the event an accounting firm cannot be mutually agreed upon, an accounting firm shall be chosen by lot from among the "Big Five" accounting firms (or such other commonly acknowledged number of preeminent accounting firms as are then in existence) other than any such firms that are the regular accountants for Thermo Electron or Viasys; provided, however, that at any time prior to the selection of an accounting firm in accordance with the foregoing procedure, Thermo Electron or Viasys may elect by providing written notice to the other to refer the dispute to an arbitrator selected by the American Arbitration Association for binding arbitration in accordance with the commercial arbitration rules of such association. A dispute shall be deemed to exist to the extent one party does not affirmatively agree with the position held by the other party. The parties shall be required to use their best efforts to resolve any dispute as quickly as possible. The costs and fees of the accounting firm or arbitrator, as applicable, shall be divided equally except to the extent a party's position is unreasonable (as determined by the accounting firm or arbitrator, as applicable), in which case such party shall bear all expenses (including without limitation such fees) allocable to such position and the dispute relating thereto.
Resolution of Certain Disputes. If there is a dispute or disagreement between (1) Exhibitor and an official contractor, (2) Exhibitor and a labor union or labor union representative, or (3) Exhibitor and one or more other exhibitors, Management will work with Exhibitor to mitigate the
Resolution of Certain Disputes. (a) Disagreements between CFI and Holdings with respect to amounts that either claims is owed by the other (or by an Affiliate of the other) under this Agreement or other matters under this Agreement that are not resolved by mutual agreement shall be resolved by arbitration pursuant to this Section 5.04. Until the time of a final resolution by the arbitrator selected pursuant to Section 5.04(b), the time period for any payments described in Section 3.08 (other than loans required by Section 4.02(c)) shall be tolled. Such tolling, however, shall not affect the accrual of interest.
Resolution of Certain Disputes. Any disagreement between the Parties with respect to any calculation or other determination of any payment obligation hereunder, which is not resolved by mutual agreement of the Parties, shall be resolved by a nationally recognized independent accounting firm chosen by and mutually acceptable to the Parties hereto (an “Accounting Referee”). Such Accounting Referee shall be chosen by the Parties within fifteen (15) business days from the date on which one Party serves written notice on another Party requesting the appointment of an Accounting Referee, provided that such notice specifically describes the calculations to be considered and resolved by the Accounting Referee. The Accounting Referee shall resolve any such disagreements as specified in the notice within 30 days of appointment; provided, however, that no Party shall be required to deliver any document or take any other action pursuant to this Section 6.11 if it determines that such action would result in the waiver of any legal privilege or any detriment to its business. Any resolution of an issue submitted to the Accounting Referee shall be final and binding on the Parties hereto without further recourse; provided, however, that should the Accounting Referee be unable to provide a requesting Party with an opinion (at a “more likely than not” or greater level of confidence) that its proposed resolution would be sustained under applicable law, the Parties may pursue any other remedy available in law or in equity. The Parties shall share the costs and fees of the Accounting Referee equally.
Resolution of Certain Disputes. Dispute any obligations of the Trust except where the incurrence or payment of such obligations has been previously approved by a Contributor Direction. In particular, and without limiting the generality of the foregoing, where a Tax Obligation is levied or assessed against the Trustee in respect of the Fund, the Trustee shall give reasonable prior notice to the Contributor before paying or agreeing to pay such Tax Obligation. The Trustee may contest the validity of any such Tax Obligation on behalf of and at the expense of the Trust through such Advisors as it may elect to retain for such purpose if the Trustee determines that it is prudent to do so in accordance with the Standard of Care.
Resolution of Certain Disputes. In the event of a budget dispute, as set forth in Schedule 4.2, and/or a billing dispute between the parties, authorized representatives of Seller and Buyer shall meet and use good faith efforts to mutually resolve such dispute by negotiation. In the event that the parties are unable to resolve such dispute by negotiation, then such dispute shall be resolved by arbitration pursuant to the provisions of Appendix C of this Agreement. Neither party shall suspend or otherwise fail to perform its obligations under this Agreement pending the outcome of such dispute resolution process.
Resolution of Certain Disputes. 22 Section 10.13 Counterparts.............................................................................24 LIST OF EXHIBITS
