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.
(b) On or before 120 days after the Closing, a final settlement statement (the “Final Settlement Statement”) will be prepared by SM Energy, based on actual income and expenses during the Interim Period and which takes into account all final adjustments made to the Purchase Price, including any related adjustments for Title Defect Properties pursuant to Section 6.2, and shows the resulting final adjusted Purchase Price (the “Final Purchase Price”). SM Energy shall, at Buyer’s request, supply reasonable documentation in its or its Affiliates possession available to support the actual revenue, expenses and other items for which adjustments are made. The Final Settlement Statement shall set forth the actual proration of the amounts required by this Agreement. As soon as practicable, and in any event within 45 days, after receipt of the Final Settlement Statement, Buyer has the right, but not the obligation, to return a written report containing any proposed changes to the Final Settlement Statement and an explanation of any such changes and the reasons therefor (the “Dispute Notice”). If the Final Purchase Price set forth in the Final Settlement Statement is mutually agreed upon by SM Energy and Buyer, the Final Settlement Statement and the Final Purchase Price shall be final and binding on the Parties. Once the Final Purchase Price has been agreed upon by the Pa...
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 more than 30 days prior to the Notice Date. CDS will, however, use its commercially reasonable efforts to recover any amounts prior to 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 (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. Authorized by:_______________________________________ Date: ___________________ Print Name and Title: _________________________________________________________
Settlement; Disputes. All arbitrators must be fluent in Mandarin and English. The arbitration will be conducted in Mandarin and English. Any subsequent arbitration award will also be written in Mandarin and English.
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 and the itemized calculation and reasonable supporting documentation of the adjustments used to determine such amount. 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
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.
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 CDS shall not be responsible for Settlements; provided, however, to the extent the parties agree that CDS will maintain a Settlement Account on behalf of Customer, the following provisions of this Section 4.3 shall apply. (For the avoidance of doubt, to the extent any other provisions of this Agreement contemplate CDS effecting Settlements, such specific provisions shall only be applicable at such time, if any, the parties agree CDS will be assume such responsibility.) CDS shall deliver all Settlement and capture reports to Customer as promptly as possible after such reports were received by CDS, but in no event later than [****] [****] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. after such reports were received by CDS. Customer shall review the data contained in such reports provided by CDS and shall promptly, but in no event more than [****] after the date of the disputed item (the “Notice Date”) notify CDS in writing of any disputed item in such reports in accordance with Section 5.4. If it is agreed or otherwise mutually determined that any 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 relating to periods prior to [****] before the Notice Date. CDS shall not be liable for any damages, interest or other costs associated with the error other than correcting the error.
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.
Settlement; Disputes. 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 30 days from the Notice Date. Cardtronics will, however, use its commercially reasonable efforts to recover any amounts over such 30-day period. Cardtronics shall not be liable for any damages, interest or costs associated with the error other than correcting the error.
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
19.2. The award of the arbitrator(s) shall be final and binding on the parties.
19.3. The arbitration proceedings shall be conducted in the 15n language.
19.4. The place of arbitration shall be .19 15 Indicate language.
