Settlement; Disputes. (a) Not less than five (5) Business Days prior to the Closing, SM Energy shall prepare and submit to Buyer for review a draft settlement statement using the best information available to SM Energy (the “Preliminary Settlement Statement”) that shall set forth the adjusted Purchase Price reflecting each adjustment made in good faith in accordance with this Agreement as of the date of preparation of such Preliminary Settlement Statement. Within three (3) Business Days of receipt of the Preliminary Settlement Statement, Buyer has the right, but not the obligation, to deliver to SM Energy a written report containing all changes with the explanation therefor that Buyer proposes to be made to the Preliminary Settlement Statement. The Preliminary Settlement Statement, as agreed upon by the Parties, will be used to adjust the Purchase Price at Closing (such adjusted price, the “Preliminary Purchase Price”). If the Parties cannot agree on the Preliminary Settlement Statement prior to the Closing, the Preliminary Settlement Statement as presented by SM Energy will be used to adjust the Purchase Price at Closing.
Settlement; Disputes. (a) Not less than five Business Days prior to the Closing, SM shall prepare and submit to Mitsui for review a draft settlement statement using the best information available to SM (the “Preliminary Settlement Statement”) that shall set forth the (i) adjusted Carried Cost Obligation, (ii) adjusted Closing Cost Reimbursement and (iii) Cash Reconciliation Amount, in each case, reflecting each adjustment made thereto in accordance with this Agreement as of the date of preparation of such Preliminary Settlement Statement. Within three Business Days of receipt of the Preliminary Settlement Statement, Mitsui will deliver to SM a written report containing all changes with the explanation therefor that Mitsui proposes to be made to the Preliminary Settlement Statement. The Preliminary Settlement Statement, as agreed upon by the Parties, will be used to set the Cash Reconciliation Payment and adjust the Carried Cost Obligation and Closing Cost Reimbursement at Closing. If the Parties cannot agree on the Preliminary Settlement Statement prior to the Closing, the Preliminary Settlement Statement as presented by SM will be used to (A) adjust the Carried Cost Obligation and Closing Cost Reimbursement at Closing and (B) set the Cash Reconciliation Payment at Closing.
Settlement; Disputes. 4 2.7 Section 1031 Like-Kind Exchange. 5 ARTICLE III REPRESENTATIONS AND WARRANTIES OF SM ENERGY 5 3.1 Organization, Existence. 5 3.2 Authorization. 5 3.3 No Conflicts. 5 3.4 Bankruptcy. 5 3.5 Foreign Person. 5 3.6 Litigation. 6 3.7 Material Contracts. 6
Settlement; Disputes. Customer shall audit and balance the date contained in the periodic statements and reports provided by NTS, LLC and shall promptly, but in no event more than 30 days after the date of the disputed item, notify NTS, LLC of any disputed item or items on such periodic statements and reports. If NTS, LLC determines that the disputed item was credited or debited in error by NTS, LLC, NTS, LLC shall correct the error. NTS, LLC shall not be liable for any damages, interest or costs associated with the error other than correcting the error.
Settlement; Disputes. Customer shall audit and balance the data contained in the periodic statements and reports provided by CDS and shall promptly, but in no event more than 30 days after the date of the disputed item, notify CDS in writing (the “Notice Date”) of any disputed item or items on such periodic statements and reports. If CDS determines that the disputed item was credited or debited in error by CDS, CDS shall correct the error. Notwithstanding, CDS shall not be liable for any recovery, reimbursement or otherwise of any amounts over 30 days from the Notice Date. CDS will, however, use its commercially reasonable efforts to recover any amounts over such 30- day period. CDS shall not be liable for any damages, interest or costs associated with the error other than correcting the error. The undersigned represents and warrants to CDS that the person executing the Authorization is an authorized signatory on the Account referenced below and all information regarding the Account and the Account Holder is true and correct. Signature: Date: Print Name and Title: Account Information This form MUST be accompanied by a pre-printed voided check or a letter from the bank to which the funds are settling referencing the Customer’s name, routing number and account number. The information on the check or bank form must match the information provided below. Forms submitted without all fields on this document completed will not be processed. Routing/Transit Number (9 digits): Account Number: These numbers are printed on the bottom of your check. See example below: CDS ACH Form 013012 Merchant Application and ATM Operator Agreement (“ISO”) MetaBank (“Bank”) SECTION A – Application: Merchant/ATM Operator Completes Lines 1-10 ** PLEASE PRINT CLEARLY**
Settlement; Disputes. Customer shall audit and balance the terminal(s) associated with the settlement account indicated below and shall promptly, but in no event more than 30 days after the date of any disputed or missing item, notify SKY of any disputed or missing item or items. If SKY determines that the disputed or missing item was credited or debited or made in error by SKY, SKY shall correct the error; however, SKY shall not be liable for any recovery of any amounts over 30 days prior to the date SKY was notified of the disputed or missing item although SKY will use its best efforts to recover any amounts over 30 days from the disputed date. The undersigned represents and warrants to SKY that (a) the person executing the Authorization is authorized signatory on the Account referenced above and all information regarding the Account and the Account Holder is true and correct. CUSTOMER and Account Owner Legal Business Name: D/B/A: By: Print Name and Title: Date : LocAgrExA09012006 (1 of 1) EXHIBIT B - ATM LOCATION AGREEMENT TERMINAL PROFILE AND CHANGE FORM Terminal Number: PLEASE INDICATE IN THE LEFT COLUMN THE ITEMS WHICH REQUIRE CHANGE GROUP NAME: GROUP ADDRESS: GROUP CONTACT NAME: PHONE: FAX: ATM LOCATION NAME: ATM LOCATION ADDRESS: ATM LOCATION CONTACT NAME: PHONE: FAX: CHARGEBACK/RETRIEVAL REQUESTS FAXED TO: GROUP FAX LOCATION FAX FFB MERCH. AGREEMENT (circle one): ATTACHED ON-FILE UNDER WHICH NAME: PDNB MERCH. AGREEMENT (circle one) ATTACHED ON-FILE UNDER WHICH NAME: AMOUNT OF SURCHARGE: XXXX DENOMINATION: MAX WITHDRAWAL AMOUNT: (Network regulations requirement at least $200.00) ATM MANUFACTURER: ATM MODEL: ACCESSORIES NEEDED: LABOR WARRANTY PURCHASED: SOURCE OF SETTLEMENT FUNDS FOR ATM: (list name of company, bank or person) Names of 2 Master - Key Loaders for terminal: Name of ATM Installation Company that installed this ATM: Armored Courier used (if applicable): First Line Maintenance Company: Second Line Maintenance Company: PLEASE COMPLETE BELOW: TDES EPP Serial Number (required): Camera present (yes or no) ATM Operated on Limited Hours (If not 24 hour ATM, then list “yes”) Drive- Up ATM (yes or no) Talking ATM (yes or no) Braille (yes or no) Telecom utilized: (Dial-up, Frame Relay, JBM CDMA, Ventus, VPN, Hercules) Languages available: (list all) Business Type: Handicap Compliant: No Restricted Access Check only if the ATM is located in an area NOT accessible to all people (i.e. inside office building that only employees may enter, football stadium where only tic...
Settlement; Disputes. If any dispute or difference of any kind shall arise between the Company and Contractor in connection with or arising out of the Contract or the carrying out of the Works ... and is not resolved through correspondence or negotiations ... the case, as per the laws of the Islamic Republic of Iran, shall be resolved by referring it to the competent Iranian Court in Iran.
Settlement; Disputes. 19.1. All disputes or differences which may arise between parties out of or in connec- tion with this Contract, and which cannot be settled amicably shall be subject to arbitra- tion by 17 arbitrator(s) under the rules .18
Settlement; Disputes. Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the FTB and EDD employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution.
Settlement; Disputes. As of the date of this Agreement, it is the intention of the parties that the Networks will be performing Settlements directly (“direct settling”) to an Account established by Customer, and as such Cardtronics shall not be responsible for Settlements; provided, however, to the extent the parties agree that Cardtronics will maintain a Settlement Account on behalf of Customer, the provisions of this Section 4.3 shall apply. (For the avoidance of doubt, to the extent any other provisions of this Agreement contemplate Cardtronics effecting Settlements, such specific provisions shall only be applicable at such time, if any, the parties agree Cardtronics will assume such responsibility.) Cardtronics shall deliver all Settlement and capture reports to Customer as promptly as possible after such reports were received by Cardtronics, but in no event later than four (4) hours after such reports were received by Cardtronics. Customer shall audit and balance the data contained in the periodic statements and reports provided by Cardtronics and shall promptly, but in no event more than 30 days after the date of the disputed item, notify Cardtronics in writing (the “Notice Date”) of any disputed item or items on such periodic statements and reports. If Cardtronics determines that the disputed item was credited or debited in error by Cardtronics, Cardtronics shall correct the error. Notwithstanding, Cardtronics shall not be liable for any recovery, reimbursement, or otherwise of any amounts over 45 days from the Notice Date. Cardtronics will, however, use its commercially reasonable efforts to recover any amounts over such 45-day period. Cardtronics shall not be liable for any damages, interest, or costs associated with the error other than correcting the error.
