Disagreement Notice definition
Examples of Disagreement Notice in a sentence
In resolving any such disagreement, the Accounting Firm may not assign a value to such item greater than the greatest value for such item claimed by a Party in the Proposed Final Closing Statement or in the Disagreement Notice or less than the lowest value for such item claimed by a Party in the Proposed Final Closing Statement or in the Disagreement Notice.
If PepsiCo fails to deliver a Disagreement Notice by the end of such 45-day period, PepsiCo shall be deemed to have accepted the Proposed Final Closing Statement delivered by Celsius, and Celsius and PepsiCo agree that the items and amounts set forth in the Proposed Final Closing Statement shall be final and binding on the Parties.
The Parties shall instruct the Accounting Firm to (i) consider only those items and amounts set forth in the Proposed Final Closing Statement as to which PepsiCo has disagreed pursuant to a Disagreement Notice and Celsius and PepsiCo have not resolved their disagreement and (ii) render its determination in respect of such items within 30 days after its retention.
Celsius and PepsiCo shall negotiate in good faith to resolve any such disagreement set forth in a Disagreement Notice, and any resolution agreed to in writing by Celsius and PepsiCo shall be final and binding upon the Parties.
Matters included in the calculations in the Proposed Final Closing Statement to which PepsiCo does not object in the Disagreement Notice shall be deemed accepted by PepsiCo and shall not be subject to further dispute or review.