Calculation Dispute definition
Examples of Calculation Dispute in a sentence
Within ten (10) Business Days of Utility’s receipt of a written notice claiming a Calculation Dispute, Utility shall either: (a) notify Generator that Utility agrees the initial calculation was in error and provide a revised calculation of the payment that is the subject of the Calculation Dispute; or (b) provide Generator with the basis of Utility’s determination that the calculation was correct, including all documentation upon which Utility relies.
The sole remedy of the parties with respect to any inaccuracy of a calculation will be the right (but not the obligation), to commence a Calculation Dispute.
Utility shall make all calculations of payments due under Sections 2.2 and 4.1 in accordance with the terms of this Agreement, in good faith and with commercial reasonableness, and its determinations and calculations will be binding, subject to the resolution of any Calculation Dispute.
The Calculation Dispute Arbiter’s determination of the disputed Calculation shall be binding upon all parties absent demonstrable error.
Providing the names of each individual who has filed a Post-Effective Date Calculation Dispute with the Defendants, the date that Post-Effective Date Calculation Dispute was received by the Defendants, the status of that Post-Effective Date Calculation Dispute, the date resolved if applicable, and the amount in controversy in that Post-Effective Date Calculation Dispute.
If a Class Member disputes the computation of his or her recalculated Pensionable Earnings after the Effective Date (a “Post-Effective Date Calculation Dispute”), that Class Member shall submit the Post-Effective Date Calculation Dispute in writing to ▇▇▇▇▇▇ ▇▇▇▇-Castet (or his successor), Deputy Executive Director, New York City Police Pension Fund, ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, referencing the caption of this lawsuit, ▇▇▇▇▇▇▇, et al.
The Calculation Dispute Arbiter’s fee for performing such Calculation shall be paid by the incorrect party, or if both parties are incorrect, by the party whose Calculation is furthest from the correct Calculation as determined by the Calculation Dispute Arbiter.
If any payment required to be made under this Section 2.5 or Section 2.8 below is subject to a Calculation Dispute, the payment shall be made as contemplated in the definition of Dispute Resolution Process in Section 1.1 above.
Investor shall submit the disputed Calculation to the Calculation Dispute Arbiter via email or facsimile within two (2) business days of the date such Calculation Dispute Arbiter has been chosen pursuant to this Section 8.4. Company shall cause the Calculation Dispute Arbiter to perform the determinations or calculations (as the case may be) and notify Company and Investor of the results no later than ten (10) business days from the time the Calculation Dispute Arbiter receives such disputed Calculations.
Should Company fail to select the Calculation Dispute Arbiter and provide Investor with notice of such selection within such two (2) business day period, Investor may select the Calculation Dispute Arbiter from the Possible Calculation Dispute Arbiters.