Common use of RESOLUTIONS OF PAYMENT DISPUTES Clause in Contracts

RESOLUTIONS OF PAYMENT DISPUTES. Except as set forth in this Section, the provisions of Section 13.6 shall not be applicable to disputes described in this Section. If there is a dispute between the Parties following any audit performed pursuant to this Section 7.3 (an “Audit Disagreement”) (i) within thirty (30) business days of the identification of an Audit Dispute and notice thereof to the other Party, the Parties shall jointly select a recognized international accounting firm to act as an independent expert to resolve such Audit Disagreement; (ii) the Audit Disagreement submitted for resolution shall be described by the Parties to the independent expert, which description may be in written or oral form, within ten (10) business days of the selection of such independent expert; (iii) the independent expert shall render a decision on the matter as soon as practicable; (iv) the decision of the independent expert shall be final and binding unless such Audit Disagreement involves alleged fraud, breach of this Agreement or construction or interpretation of any of the terms and conditions thereof, which Audit Disagreements shall be resolved as set forth in Section 13.6; and (v) all fees and expenses of the independent expert, including any Third Party support staff or other costs incurred with respect to carrying out the procedures specified at the direction of the independent expert in connection with such Audit Disagreement, shall be borne by each Party in inverse proportion to the disputed amounts awarded to such Party by the independent expert through such decision (e.g., EPIX disputes $100; the independent expert awards EPIX $60; EPIX pays for forty percent (40%) of the independent expert’s costs, and Schering pays for sixty percent (60%) of the independent expert’s costs.)

RESOLUTIONS OF PAYMENT DISPUTES. Except as set forth in this SectionSection 3.8.2, the provisions of Section 13.6 9.6 shall not be applicable to disputes described in this SectionSection 3.8.2. If there is a dispute between the Parties following any audit performed pursuant to this Section 7.3 3.8.1 (an “Audit Disagreement”) (i) within thirty (30) business days of the identification of an the Audit Dispute and notice thereof to the other Party, the Parties shall jointly select a recognized international accounting firm to act as an independent expert to resolve such Audit Disagreement; (ii) the Audit Disagreement submitted for resolution shall be described by the Parties to the independent expert, which description may be in written or oral form, within ten (10) business days of the selection of such independent expert; (iii) the independent expert shall render a decision on the matter as soon as practicable; (iv) the decision of the independent expert shall be final and binding unless such Audit Disagreement involves alleged fraud, material breach of this Agreement or construction or interpretation of any of the terms and conditions thereof, which Audit Disagreements shall be resolved as set forth in Section 13.69.6.; and (v) all fees and expenses of the independent expert, including any Third Party support staff or other costs incurred with respect to carrying out the procedures specified at the direction of the independent expert in connection with such Audit Disagreement, shall be borne by each the Party initiating the audit, unless an underpayment of ten percent (10%) or more is identified by such auditor, in inverse proportion to the disputed amounts awarded to which case such Party costs shall be borne by the independent expert through such decision (e.g., EPIX disputes $100; Party that was the independent expert awards EPIX $60; EPIX pays for forty percent (40%) subject of the independent expert’s costs, and Schering pays for sixty percent (60%) of the independent expert’s costsaudit.)

RESOLUTIONS OF PAYMENT DISPUTES. Except as set forth in this SectionSection 7.11.2, the provisions of Section 13.6 14.6 shall not be applicable to disputes described in this SectionSection 7.11.2. If there is a dispute between the Parties following any audit performed pursuant to this Section 7.3 7.11.1 (an “"Audit Disagreement”") (i) within thirty (30) business days of the identification of an the Audit Dispute and notice thereof to the other Party, the Parties shall jointly select a recognized international accounting firm to act as an independent expert to resolve such Audit Disagreement; (ii) the Audit Disagreement submitted for resolution shall be described by the Parties to the independent expert, which description may be in written or oral form, within ten (10) business days of the selection of such independent expert; (iii) the independent expert shall render a decision on the matter as soon as practicable; (iv) the decision of the independent expert shall be final and binding unless such Audit Disagreement involves alleged fraud, breach of this Agreement or construction or interpretation of any of the terms and conditions thereof, which Audit Disagreements shall be resolved as set forth in Section 13.614.6.; and (v) all fees and expenses of the independent expert, including any Third Party support staff or other costs incurred with respect to carrying out the procedures specified at the direction of the independent expert in connection with such Audit Disagreement, shall be borne by each Party in inverse proportion to the disputed amounts awarded to such Party by the independent expert through such decision (e.g., EPIX disputes $100; the independent expert awards EPIX $60; EPIX pays for forty percent (40%) of the independent expert’s 's costs, and Schering pays for sixty percent (60%) of the independent expert’s 's costs.)

RESOLUTIONS OF PAYMENT DISPUTES. Except as set forth in this SectionSection 7.11.2, the provisions of Section 13.6 14.6 shall not be applicable to disputes described in this SectionSection 7.11.2. If there is a dispute between the Parties following any audit performed pursuant to this Section 7.3 7.11.1 (an “Audit Disagreement”) (i) within thirty (30) business days of the identification of an the Audit Dispute and notice thereof to the other Party, the Parties shall jointly select a recognized international accounting firm to act as an independent expert to resolve such Audit Disagreement; (ii) the Audit Disagreement submitted for resolution shall be described by the Parties to the independent expert, which description may be in written or oral form, within ten (10) business days of the selection of such independent expert; (iii) the independent expert shall render a decision on the matter as soon as practicable; (iv) the decision of the independent expert shall be final and binding unless such Audit Disagreement involves alleged fraud, breach of this Agreement or construction or interpretation of any of the terms and conditions thereof, which Audit Disagreements shall be resolved as set forth in Section 13.614.6.; and (v) all fees and expenses of the independent expert, including any Third Party support staff or other costs incurred with respect to carrying out the procedures specified at the direction of the independent expert in connection with such Audit Disagreement, shall be borne by each Party in inverse proportion to the disputed amounts awarded to such Party by the independent expert through such decision (e.g., EPIX disputes $100; the independent expert awards EPIX $60; EPIX pays for forty percent (40%) of the independent expert’s costs, and Schering pays for sixty percent (60%) of the independent expert’s costs.)

RESOLUTIONS OF PAYMENT DISPUTES. Except as set forth in this SectionSection 3.8.2, the provisions of Section 13.6 9.6 shall not be applicable to disputes described in this SectionSection 3.8.2. If there is a dispute between the Parties following any audit performed pursuant to this Section 7.3 3.8.1 (an “"Audit Disagreement”") (i) within thirty (30) business days of the identification of an the Audit Dispute and notice thereof to the other Party, the Parties shall jointly select a recognized international accounting firm to act as an independent expert to resolve such Audit Disagreement; (ii) the Audit Disagreement submitted for resolution shall be described by the Parties to the independent expert, which description may be in written or oral form, within ten (10) business days of the selection of such independent expert; (iii) the independent expert shall render a decision on the matter as soon as practicable; (iv) the decision of the independent expert shall be final and binding unless such Audit Disagreement involves alleged fraud, material breach of this Agreement or construction or interpretation of any of the terms and conditions thereof, which Audit Disagreements shall be resolved as set forth in Section 13.69.6.; and (v) all fees and expenses of the independent expert, including any Third Party support staff or other costs incurred with respect to carrying out the procedures specified at the direction of the independent expert in connection with such Audit Disagreement, shall be borne by each the Party initiating the audit, unless an underpayment of ten percent (10%) or more is identified by such auditor, in inverse proportion to the disputed amounts awarded to which case such Party costs shall be borne by the independent expert through such decision (e.g., EPIX disputes $100; Party that was the independent expert awards EPIX $60; EPIX pays for forty percent (40%) subject of the independent expert’s costs, and Schering pays for sixty percent (60%) of the independent expert’s costsaudit.)