Examples of Setoff Dispute in a sentence
Within [***] of such request, the Chief Executive Officers of each Party (or their designees) will meet in person at a mutually acceptable time and location or by means of telephone or video conference to negotiate a settlement of a Setoff Dispute.
In the event that the Chief Executive Officers of each Party (or their designees) fail to resolve the Setoff Dispute within such [***] period the Setoff Dispute will be referred to mediation under Section 16.6.2.2 (Mediation).
If Genzyme has exercised its setoff right under Section 16.6.1 (Genzyme’s Right of Setoff) and there is a dispute regarding whether Voyager is in breach of the Agreement or the proper amount of the setoff (a “Setoff Dispute”), either Party may make a written request that the Setoff Dispute be referred for resolution to the Chief Executive Officers of each Party (or their designees).
The amount or amounts that are subject to the Set-off Dispute Notice will be dealt with in accordance with the final resolution of the relevant dispute or disputes.
Nothing in this Amendment or in the Partial Repayment Agreement shall operate as a waiver of (i) DCG’s rights, if any, to seek a reimbursement from GGC or any other person or entity or a declaratory judgment or enforcement of its setoff rights against GGC or any other person or entity on account of the Luno Setoff Dispute (as defined herein) or a claim for payment against GGC or any other person or entity of the amounts paid by DCG to Luno Australia Pty Ltd.
Participants selected ‘1’ to indicate that they “strongly oppose” the statement in question while a ‘5’ indicated “strongly support”.
The parties shall use reasonable efforts to reach agreement with respect to such disputed items within 30 days following the delivery of the Set-off Dispute Notice, or such longer period as may be agreed upon in writing by the parties (the “Set-off Resolution Period”).
Parent and the Stockholders’ Representative shall use commercially reasonable efforts for a period of thirty (30) days (or such longer period as they may mutually agree in writing) to negotiate in good faith and resolve any disagreements by the Stockholders’ Representative set forth in the Set-off Dispute Notice.
The purpose of having a Setoff Dispute reviewed by an Advisory Panel is to govern how the Parties will determine (1) the amount (if any) that ProQR may setoff against future payments to Ionis going forward, and (2) whether any portion of the escrow account established under Section 7.8 should be released to Ionis; in each case until such matters have been subsequently agreed in writing by the Parties or finally determined by the Arbitrators.
If the Seller fails to provide to the Purchaser a Set-off Dispute Notice within 10 Business Days of receipt of the Set-off Notice, the Purchaser shall be entitled to withhold and/or set-off the Claimed Set-off without further notice or obligation to the Seller.