Remaining Disputes definition
Examples of Remaining Disputes in a sentence
The Parties shall request that the Accounting Firm make a decision with respect to all Remaining Disputes within forty-five (45) days after the submission of the Remaining Disputes to the Accounting Firm, as provided above, and in any event as promptly as practicable.
The appointed accounting firm shall be the “Accounting Firm”, and within five (5) Business Days after appointment of the Accounting Firm the Parties shall deliver to the Accounting Firm their written position with respect to such Remaining Disputes.
The Accounting Firm, once appointed, shall have no ex parte communications with the Parties concerning the Remaining Disputes.
The Accounting Firm shall determine, based solely on the submissions by Seller and Buyer, and not by independent review, only the Remaining Disputes and shall choose either Seller’s position or Buyer’s position with respect to each matter addressed in a Dispute Notice, in each case, in accordance with this Agreement.
At a frequency of at least once every five years, the permittee shall conduct a stack test from at least one of the fabric filters DC2B (Blending and Forming line), DC3C (Finish Sawing), DC4C (Unresinated Dust Handling System) or SA2 (Six Head Sander) to demonstrate compliance with the applicable hourly VOC emission limit contained in this permit.
If, at the conclusion of the Resolution Period, any items set forth in the Dispute Notice remain in dispute (the “Remaining Disputes”), then each of Buyer and Seller shall submit all such Remaining Disputes to the Houston, Texas office of KPMG US LLP or such other independent nationally recognized accounting firm the Parties may mutually select (the “Accounting Firm”).
If, however, within 20 days following the delivery of a Dispute Notice, Regency HIG and the Investors have not fully resolved the Dispute Notice (each a “Remaining Dispute”), then either Regency HIG or any Investor may initiate binding arbitration of the Remaining Disputes by giving written notice of an intent to arbitrate to the other Parties.
The Accounting Referee shall determine only the Remaining Disputes based on the materials submitted to the Accounting Referee as described above and the terms of this Agreement, and shall choose either Sellers’ position or Purchaser’s position with respect to each matter addressed in a Dispute Notice, in each case, in accordance with this Agreement.
If any party fails to timely deliver its Position Statement to the Independent Accountants, the Independent Accountants shall resolve the Remaining Disputes solely upon the basis of the information otherwise provided to them.
The appointed accounting firm shall be the “Accounting Referee”, and within ten (10) Business Days after appointment of the Accounting Referee, the Parties shall deliver to the Accounting Referee their written position with respect to such Remaining Disputes.