Disputed Costs definition
Examples of Disputed Costs in a sentence
In calculating the Finally Determined Costs (the aggregate amount thereof, the “Finally Determined Cost Aggregate”), (x) the Auditor shall be limited to addressing the Disputed Costs referred to in the Dispute Notice and (y) any Finally Determined Cost shall be no less than the applicable Seller Disputed Cost Calculation and no more than the applicable Purchaser Disputed Cost Calculation.
The parties agree and acknowledge that the balance due from Tenant to Landlord for Disputed Costs for each of the monthly periods occurring between May 1, 2008 and September 30, 2008 shall be as set forth on Exhibit A hereto.
The amount of payment that CDS is entitled to receive from Alimera pursuant to the foregoing shall be deemed royalty for licenses granted by CDS to Alimera under Article 5, provided that Alimera shall have the right to recoup from all or any portion of such payment to CDS any Compounded Development Payment, Compounded Disputed Costs or other amount then owed by CDS to Alimera under this Agreement as pre-payments of royalty.
Within thirty (30) days of the execution hereof, Tenant shall pay to Landlord the sum of Three Hundred Ninety-Six Thousand, Nine Hundred Sixty-Three and 83/100 Dollars ($396,963.83), in full satisfaction of Tenant’s obligation for the Disputed Costs for each of the monthly periods occurring between May 1, 2008 and September 30, 2008.
All or any portion of the unpaid Compounded Disputed Costs may be paid at any time for such Product.
Such Net Profits Payment to CDS shall be deemed royalty for licenses granted by CDS to Alimera under Article 5, provided that Alimera has a right to recoup from such royalty to CDS any Compounded Development Payment and Compounded Disputed Costs that CDS owes Alimera pursuant to Sections 6.3.2 and 6.3.3 as pre-payments of such royalty.
Accordingly, references in this Agreement to RHCC, FRC or the Disputed Costs include the subject costs in dispute regardless of whether they concern the period before or after PCC's assignment to Peabody.
The assignment referenced above in recital E included all of PCC's claims and rights against the Participants with respect to the Disputed Costs.
If the CSA should, instead, be extended beyond that date or replaced by another coal supply agreement whose term ends after December 31, 2005, the provisions of paragraph 6.2 shall apply and such releases shall not apply to the Disputed Costs or be construed to apply to the final reclamation costs or retiree health care costs associated with such extended or replacement agreement.
Other than with respect to the Parties' respective claims and defenses related to the Disputed Costs, which are resolved by this Agreement, nothing in this paragraph or this Agreement shall be read as limiting or otherwise restricting the damages or other remedies that either the Participants or Peabody may seek for any alleged breach of the CSA.