Resolution of Disputed Claims. Disputed claims between CPC and Licensee, for which prompt written notice has been given followed by adequate supporting data within a reasonable time, shall be settled by an informal conference to meet and confer for settlement of the issues in dispute. The Licensee agrees that CPC shall have ultimate authority to determine final resolution.
Resolution of Disputed Claims. The Liquidation Manager shall be authorized to settle, compromise or otherwise resolve Disputed Claims pursuant to the terms of the Plan.
Resolution of Disputed Claims. Disputed claims between CPC and the Licensee, for which prompt written notice has been given followed by adequate supporting data within a reasonable time, shall be settled by an informal conference to meet and confer for settlement of the issues in dispute. The Licensee agrees that CPC shall have ultimate authority to determine final resolution.
1) PAYMENTS & FEES
a) Fees and Due Dates. – Housing & Dining fees vary depending on which housing facility and living unit to which Licensee is assigned (i.e. double or triple) and which dining plan Licensee has selected. The payment schedules listed below represent typical Payment Plans for students assigned to the specified room types. Actual payment amounts may vary for reasons including, but not limited to, changing room type and/or adjusted move-in dates. Additional fees may apply for approved early move-in for sponsored programs or approved late stays. *All fees are proposed, subject to change and Executive Order & Board Approval. Due dates will be available when fees are posted.
b) Sample Fee Structure: Academic Year Housing Fees* (9/1 AMOUNT IF $500 INITIAL PYMT MADE) $636 $579 $749 $579 $968 $835 TOTAL ACADEMIC YEAR $9,642 $9,159 $10,605 $9,159 $12,465 $11,331 Academic Year Dining Plans* First Year First Year First Year Dining Dollars $5,202 $4,662 $4,221 Academic Year Amount $6,138 $5,598 $5,157 Initial Dining Payment ($1,000) ($1,000) ($1,000) 2021-2022 Balance $5,138 $4,598 $4,157 Quarterly Breakdown* (excludes any payment plan fees) FALL 2021 Balance (after $1000 initial payment) $1,046 $866 $719 WINTER 2022 Charges $2,046 $1,866 $1,719 SPRING 2022 Charges $2,046 $1,866 $1,719
c) Currency. All payments due are in US Dollars.
Resolution of Disputed Claims. Any dispute regarding whether Buyer is entitled to receive a payment out of the Escrow Fund as provided in this Agreement, or as to the amount thereof, or as to the right of Buyer or Seller to receive all or any part of the cash or obligation held by the Escrow Agent hereunder, shall be first submitted to Buyer and Seller. In the event that a Determination has not been delivered to the Escrow Agent within thirty (30) days after Seller has received a Notice of Claim as set forth in Paragraph 5 hereof, such dispute shall be submitted by either Buyer or Seller, to, and settled by, arbitration. Such arbitration shall be effected by arbitrators selected as hereinafter provided and shall be conducted in accordance with the rules, existing at the date thereof, of the American Arbitration Association in Chicago, Illinois. Such arbitration shall be final and binding upon the parties hereto. The dispute shall be submitted to three (3) arbitrators, one arbitrator being selected by Seller, one arbitrator being selected by Buyer, and the third, by the American Arbitration Association. In the event that either party, within twenty (20) days after any notification made to it of the demand for arbitration by the other party, shall not have selected its arbitrator and given notice thereof by registered mail to the other party, such arbitrator shall be selected by the American Arbitration Association. The validity, construction, performance or termination of any agreement by and between the parties submitted to arbitration shall be determined on the basis of the contractual obligations of the parties and the law governing such obligations. The arbitrators shall determine their jurisdiction over person and subject matter if such jurisdiction is challenged by one of the parties. The award of the arbitrators shall be: (a) rendered in writing, not more than forty-five (45) days after the selection of such arbitrator and shall state the grounds on which the arbitrators reached their decision; (b) dated and notified to the parties by registered mail, return receipt requested; and (c) final and not subject to appeal before any court, nor other jurisdiction, nor any authority. Each party shall bear its own expenses, and the expenses of the arbitrators shall be shared equally.
Resolution of Disputed Claims. Except insofar as a Claim is Allowed under the Plan, the Debtors or the Reorganized Debtors, as applicable, shall be entitled to object to the Claim. Any objections to Claims shall be served and filed on or before the 120th day after the Effective Date or by such later date as ordered by the Bankruptcy Court. Notwithstanding any authority to the contrary, an objection to a Claim shall be deemed properly served on the Holder thereof if service is effected in any of the following manners: (a) in accordance with Rule 4 of the Federal Rules of Civil Procedure, as modified and made applicable by Bankruptcy Rule 7004; or (b) by first class mail, postage prepaid, on any counsel that has appeared on the Holder’s behalf in the Chapter 11 Cases. The Debtors and the Reorganized Debtors shall be authorized to, and shall resolve all Disputed Claims or Interests by withdrawing or settling such objections thereto, with the consent of the Requisite Consenting Senior Secured Noteholders, which consent shall not be unreasonably withheld, or by litigating to Final Order in the Bankruptcy Court the validity, nature and/or amount thereof. All Claims not objected to by the end of such 120-day period shall be deemed Allowed unless such period is extended upon approval of the Bankruptcy Court. For the avoidance of doubt, except as otherwise provided in the Plan, from and after the Effective Date, each Reorganized Debtor shall have and retain any and all rights and defenses such Debtor had immediately prior to the Effective Date with respect to any Disputed Claim, including the Causes of Action retained pursuant to Section 4.14.
Resolution of Disputed Claims. The Plan shall provide customary procedures for the resolution of disputed Claims, including the ability (but not requirement) to establish a claims bar date pursuant to an order of the Bankruptcy Court. Once resolved, the claimants shall receive distributions, if any, in accordance with the provisions of the Plan and the classification of their Allowed Claim.
Resolution of Disputed Claims. 1. A Class Member or Defense Counsel may challenge the Settlement Administrator’s decision as to any Claim in writing within five business days of receipt of written notice of the Settlement Administrator’s decision.
2. If Class Counsel and Defense Counsel agree on the proper disposition of a disputed Claim, the Settlement Administrator shall follow joint written instructions from Class Counsel and Defense Counsel as to approval or disapproval of a Claim.
3. If Class Counsel and Defense Counsel are not able to agree, the Settlement Administrator shall provide all information received in connection with that disputed Claim to the Settlement Umpire. The Settlement Umpire may, but is not required to, allow the Class Member, Class Counsel, and/or Defense Counsel to submit additional documentation and information. The Settlement Umpire shall resolve any disputed Claims. The Settlement Umpire’s decision shall be final and binding.
4. Subject to approval by the Court, Xxxxx X. Xxxxxxxx, Esq. who was the Mediator in connection with the negotiation of this Settlement Agreement, will be the Settlement Umpire. If for any reason Xxxxx X. Xxxxxxxx, Esq. is unwilling or unable to perform the duties of the Settlement Umpire, the Parties will consult and attempt to reach agreement as to an alternate Settlement Umpire to be approved by the Court. If the Parties are unable to reach agreement as to an alternate Settlement Umpire to be approved by the Court, any of the Parties may file a noticed motion asking the Court to appoint an alternate Settlement Umpire. Hartford and/or Volusion, at their discretion, shall be solely responsible for any costs associated with use of the Settlement Umpire. Class Counsel, Plaintiffs, and Class Members shall have no obligation to pay for any cost associated with the Settlement Umpire.
Resolution of Disputed Claims. Upon a failure to reach an agreement with respect to a Disputed [**] Claim between the parties pursuant to Section 13.4, either party may, by written notice to the other, demand arbitration of the matter unless the amount of the damages is at issue in pending litigation with a third party, in which event arbitration shall not be commenced until such amount is ascertained or both parties agree to arbitration; and in either such event the matter shall be settled by arbitration conducted by one arbitrator. Parent and eUniverse shall agree on the arbitrator, provided that if Parent and eUniverse cannot agree on such arbitrator, either Parent or eUniverse can request that JAMS select the arbitrator. The arbitrator shall set a limited time period and establish procedures designed to reduce the cost and time for discovery while allowing the parties an opportunity, adequate in the sole judgment of the arbitrator, to discover relevant information from the opposing parties about the subject matter of the dispute. The arbitrator shall Rule upon motions to compel or limit discovery and shall have the authority to impose sanctions, including attorneys’ fees and costs, to the same extent as a court of competent law or equity, should the arbitrator determine that discovery was sought without substantial justification or that discovery was refused or objected to without substantial justification. The decision of the arbitrator shall be written, shall be in accordance with applicable law and with this Agreement, including Parent’s [**] Right of Offset pursuant to Section 13.6, and shall be supported by written findings of fact and conclusion of law which shall set forth the basis for the decision of the arbitrator. The decision of the arbitrator as to the validity and amount of any [**] Indemnification Claim shall be binding and conclusive upon the parties to this Agreement, and notwithstanding anything in ARTICLE XIII hereof, the parties shall be entitled to act in accordance with such decision Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. Any such arbitration shall be held in Los Angeles County, California under the commercial rules then in effect of the American Arbitration Association. For purposes of this Section 13.5, in any arbitration hereunder in which any [**] Indemnification Claim or the amount thereof is at issue, the [**] Indemnitee shall be deemed to be the Non-Prevailing Party unless the arbitrators award...
Resolution of Disputed Claims. On and after the Effective Date, the Reorganized Debtors shall have the exclusive authority to File, litigate, compromise, settle, otherwise resolve, or withdraw any objections to Claims, to compromise and settle any such Claims, and to administer and adjust the Claims Register to reflect any such settlement or compromise, in each case, without notice to or approval by the Bankruptcy Court or any other party.
Resolution of Disputed Claims. If any Settlement Class Member disputes the Claims Administrator's determination of the validity and/or dollar amount of a claim, the Parties shall meet and confer and may within five (5) business days approve the Claims Administrator's determination or the Parties may provide joint written instructions to the Claims Administrator regarding the disposition of a disputed claim. In the event the Parties provide joint written instructions regarding a disputed claim, the Claims Administrator shall follow the Parties’ joint written instructions regarding that disputed claim. If the Parties do not agree, any disputes shall be submitted to the Court for binding resolution.
