Common use of Unagreed Issues Clause in Contracts

Unagreed Issues. In the event Alloy and xXXxX*s, as the case may be, do not agree to all Adjustments with respect to a Combined Return for a Taxable Year, decisions regarding the procedures and preferred forum for contesting Adjustments on unagreed issues shall be made by whichever of the Alloy Group or the xXXxX*s Group is responsible for more than 50% of the cumulative Tax Liability attributable to such Adjustments. The party making the decision shall consult in good faith with the other party and shall promptly notify the other party of its decision.

Appears in 2 contracts

Samples: Tax Separation Agreement (dELiAs, Inc.), Tax Separation Agreement (dELiAs, Inc.)

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Unagreed Issues. In the event Alloy xXXxX*s and xXXxX*sAlloy, as the case may be, do not agree to all Adjustments with respect to a Combined Return for a Taxable Year, decisions regarding the procedures and preferred forum for contesting Adjustments on unagreed issues shall be made by whichever of the Alloy xXXxX*s Group or the xXXxX*s Alloy Group is responsible for more than 50% of the cumulative Tax Liability attributable to such Adjustments. The party making the decision shall consult in good faith with the other party and shall promptly notify the other party of its decision.

Appears in 2 contracts

Samples: Tax Separation Agreement (dELiAs, Inc.), Tax Separation Agreement (dELiAs, Inc.)

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