Disputed Portion definition
Examples of Disputed Portion in a sentence
Contractor must also immediately issue a new invoice in respect of the Disputed Portion (“Disputed Portion Invoice”) in the form requested by Company.
In making its calculation, the Independent Advisor shall consider only the Disputed Portion (and to the extent required, any other items or amounts necessary to derive the Disputed Portion).
Without limiting Kanbay's indemnification obligations hereunder, in the event that in Kanbay's opinion, any portion of the Kanbay Properties or any Deliverable developed in connection with this Agreement is likely to or does become the subject of a claim of infringement of any letters patent, copyright, trademark, service ▇▇▇▇, trade name, trade secret or other intellectual or proprietary right of any third party (the "Disputed Portion"), Kanbay may, at its sole option and expense, procure for ▇.▇.
If the Proprietor and the Recipient are unable to reach an agreement within twenty (20) days after receipt of the Dispute Notice by the Recipient, the Proprietor or the Recipient may request an Independent Advisor to review the Disputed Portion and compute the Earn Out Revenue for the relevant period(s) in question.
If none of the foregoing alternatives is reasonably available, Hub may terminate BigBallot's right to use the Disputed Portion upon thirty (30) days' written notice and Hub shall refund a pro rata portion of fees paid by BigBallot to Hub for the Disputed Portion plus any and all damages suffered by BigBallot as a result of such claim and dispute.
Company shall provide to Supplier such information in respect of the Disputed Portion as Supplier may reasonably request in order to evaluate whether or not to resubmit an E&O Claim for all or a portion of such Disputed Portion.
Any Disputed Portion shall be released to the Shareholders according to their Pro Rata Share of such Disputed Portion or released to Parent (as appropriate) promptly upon resolution of each specific indemnification claim for Damages involved.
Any Disputed Portion shall be released to the Stockholders according to their Pro Rata Share of such Disputed Portion or released to Parent (as appropriate) promptly upon resolution of each specific indemnification claim for Damages involved.
The parties shall follow the procedures set out in this Article 12.5 for any E&O Claim that is resubmitted by Supplier from time to time in respect of a Disputed Portion.
Supplier may from time to time resubmit an E&O Claim to Company in respect of all or any portion of the Disputed Portion in accordance with the procedures set out in this Article 12.5 until such time as the Disputed Portion has been agreed to or resolved in accordance with this Article 12.5 (including, for certainty, pursuant to Article 12.5(c)) or otherwise.