Service Charge disputes Sample Clauses

Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.97 Variation in the proportion of the Service Charge payable98 In calculating the [Tenant’s Proportion] [Service Charge] for any of the Services, the Landlord’s surveyor may make any adjustment that is fair and reasonable in all the circumstances, having regard to the relative degree of benefit obtained by the Tenant and other tenants at the Centre from those Services, including by dividing the services and charges set out in paragraph 3 of this Part of the Schedule into separate categories and applying weighting to those categories to take into account differing uses or operating hours. If there is any change in the extent of the Centre, the Landlord must, where it is appropriate to do so, vary the [Tenant’s Proportion] [Service Charge] as is reasonable to take account of that change but the [Tenant’s Proportion] [Service Charge] will not materially increase solely as a result of any change in the extent of the Centre. The [Tenant’s Proportion] [Service Charge] must not be increased by reason only that any Lettable Units: remain unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord’s obligations Provision of Services The Landlord, acting reasonably and in the interests of good estate management:99 [must supply the Services in an efficient manner at all appropriate times; and100 may vary, reduce or extend those Services.] OR [must supply the Services listed in paragraphs 3.1 to 3.[Insert number] of this Part of the Schedule in an efficient manner at all appropriate times; may supply all or any of the remaining Services listed in paragraph 3 of this Part of the Schedule; and may vary, reduce or extend those Services.] Landlord’s rights and responsibilities The Landlord: may from time to time employ such agents, contractors or others as the Landlord decides; will not be responsible for any interruption in the supply of the Services due to any circumstances outside the Landlord’s control or...
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Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. Except in relation to obvious errors, the Tenant must not raise any dispute in connection with the Service Charge Statement more than four months after the Service Charge Statement has been delivered to the Tenant.86 Variation in the proportion of the Service Charge payable In calculating the Service Charge for any of the Services, the Landlord's surveyor may make any adjustment that is fair and reasonable in all the circumstances, taking into consideration the relative degree of benefit obtained by the Tenant and other tenants at the Building from those Services, including by dividing the Services into separate categories and applying weighting to those categories to take into account differing uses or operating hours or other relevant factors. If there is any change in the extent of the Building, the Landlord must, where it is appropriate to do so, vary the Service Charge as is reasonable to take account of that change but the Service Charge will not materially increase solely as a result of any change in the extent of the Building. The Service Charge must not be increased by reason only that any Lettable Units: are or have been unlet; are let on terms that do not require the tenant or other occupier to pay a service charge; or are let on terms that cap the liability of any tenant or other occupier for service charge. Landlord's obligations
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Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.
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Service Charge disputes. 6.1 If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. The Service Charge Statement will (except for obvious error) become binding on the parties 106 107 Any sums payable on demand only begin to bear interest for late payment if not paid within 10 Business Days of the date of demand – see clause 4.5. Check that that the costs listed in Part 5 of this Schedule are identical across each lease in the Building. If a concession is made to a particular tenant: • a separate service charge reconciliation will be required for that tenant; and • the Landlord will not be able to recover any shortfall from the other tenants in the Building as concessions offered to one tenant cannot be recovered from other tenants. four months after it is delivered to the Tenant or (if later) once any dispute relating to it and arising during that period has been settled or decided.108 109
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Service Charge disputes. 6.1 If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings.
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Service Charge disputes. If any dispute arises in connection with the Service Charge, the Landlord and the Tenant must attempt to resolve it by appropriate alternative means before resorting to court proceedings. Part 5 - Agreements and declarations INTERRUPTION OF SERVICES Notwithstanding anything contained in this Lease the Landlord shall not be liable to the Tenant nor shall the Tenant have any claim against the Landlord in respect of: any interruption in or to any of the services serving the Property or any failure to perform the Services by reason of any inspection repair renewal or maintenance of any systems or apparatus or while any of the same are being replaced nor while any new systems or apparatus are being installed nor by reason of damage thereto or destruction thereof or mechanical or other defect or breakdown frost or other inclement conditions strikes lock out shortage of fuel materials water or labour or other cause beyond the Landlord's reasonable control or taking steps to comply with any notice given or requirement or direction of any competent authority in respect of the Estate any breach of any obligation relating to the provision of the Services or to the repair or maintenance of the Estate or any of the services serving the Property or the Estate until notice in writing thereof is given to the Landlord and then only after the Landlord has been able to obtain all necessary permissions and consents for the performance of its obligations and if the labour and materials required therefore are available and a reasonable time in which to perform or remedy the same has elapsed Provided that the Landlord shall use all reasonable endeavours to minimise the period of interruption of the Services, remedy any such interruption defect breakdown or stoppage as soon as reasonably practicable after becoming aware of the same and take all reasonable steps to provide alternative amenities, services or facilities.
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Service Charge disputes. The Tenant shall not be entitled to dispute the Service Charge on the grounds that any of the Services could have been provided or incurred at a cost lower than that incurred by the Landlord, save in the case that the Landlord has acted unreasonably.
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Related to Service Charge disputes

  • Invoice Disputes If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Xxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin:

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Calculation Disputes If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Settlement Amount or Termination Payment, in whole or in part, the Defaulting Party will, within two Business Days of receipt of Non-Defaulting Party’s calculation, provide to the Non- Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that the Defaulting Party must first transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the full Settlement Amount or Termination Payment, as applicable. References to Defaulting Party and Non-Defaulting Party in this Section include the Potentially Defaulting Party and Potentially Non-Defaulting Party, as applicable.

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