Dispute Notice. If there is a dispute between the parties, then either party may give a notice to the other succinctly setting out the details of the dispute and stating that it is a dispute notice given under this clause 17.1.
Dispute Notice. If the settlement of a disagreement is beyond the authority allowed the JBE’s project manager and the Contractor’s account manager under this Agreement, or if a disagreement has in the opinion of either party persisted for an undue length of time, either party may submit a Notice to the other party that the parties will commence the procedure set forth in this section 13 to resolve the Dispute (“Dispute Notice”). The Dispute Notice shall include: (i) detailed factual information and supporting documentation in support of the submitting party’s position; (ii) the specific Agreement provisions on which the Dispute is based; and (iii) if the Dispute involves a cost adjustment, the exact amount of the cost adjustment accompanied by all records supporting the submitting party’s position. The Dispute Notice shall include a written statement signed by an authorized representative of the submitting party indicating that the Dispute is made in good faith, that the supporting data and documents are accurate and complete, and that the amount requested, if any, accurately reflects the adjustment for which the submitting party believes the other party is responsible. To assist the other party in its review of the Dispute, the submitting party shall promptly comply with reasonable requests for additional information.
Dispute Notice. The Dispute Notice shall set out: the material particulars of the Dispute; the reasons why the Party serving the Dispute Notice believes that the Dispute has arisen; and if the Party serving the Dispute Notice believes that the Dispute should be dealt with under the Expedited Dispute Timetable as set out in paragraph 7 of this Call Off Schedule 11, the reason why. Unless agreed otherwise in writing, the Parties shall continue to comply with their respective obligations under this Call Off Contract regardless of the nature of the Dispute and notwithstanding the referral of the Dispute to the Dispute Resolution Procedure.
Dispute Notice. (a) Any party claiming that a Dispute has arisen may give a written notice to the other party (Dispute Notice). The Dispute Notice must:
Dispute Notice. If (A) Seller delivers a Defect Rejection Notice for an alleged Title Defect and following the negotiations in good faith required by Section 6.02(c), Seller and Buyer are not in agreement as to (i) the existence of or value attributable to an Asserted Defect or Title Benefit, or (ii) the amount of any adjustments to be made to the Purchase Price in respect of any Asserted Defect or Title Benefit, or (B) if Seller elects to cure an Asserted Defect, Seller and Buyer are not in agreement as to whether or to what extent an Asserted Defect has been cured, then Seller and Buyer will submit the dispute to arbitration as provided in this Section following written notice from one Party to the other Party on or before the date thirty (30) days following the end of the Cure Period that such Party is initiating dispute resolution in accordance with this Section, such notice to describe in reasonable detail the nature and specifics of the dispute (a “Dispute Notice”). Buyer, with respect to Asserted Defects, and Seller, with respect to Title Benefits, shall be deemed to have conclusively waived any unresolved Asserted Defect, or cure thereof, or any unresolved Title Benefit, with respect to which the applicable Party has not delivered a Dispute Notice to the other Party on or before the date thirty (30) days following the end of the Cure Period Dispute Procedure. Following delivery of a Dispute Notice, the applicable dispute shall be resolved through the binding dispute resolution process set forth in this Section by submission to the Consultant. If Seller and Buyer are unable to agree on a Consultant within thirty (30) days after receipt of the initiating notice, then Seller and Buyer agree to have the Consultant selected by the American Arbitration Association. The cost of the Consultant and American Arbitration Association shall be paid fifty percent (50%) by Seller and fifty percent (50%)
Dispute Notice. Notice by either Party of the existence of a Dispute shall (i) be delivered in writing, (ii) specify what provision of the Agreement such Party believes is under Dispute and (iii) recommend a course of action to resolve the Dispute (the “Dispute Notice”).
Dispute Notice. At the written request of any Party (a "DISPUTE NOTICE"), the Parties to the dispute will within seven business days of the Dispute Notice, appoint knowledgeable, responsible representatives to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The Parties intend that these negotiations be conducted by business representatives, including at least one senior executive of each Party to the dispute. The representatives shall meet and confer, in person or by teleconference, not later than such seventh business day after the date of the Dispute Notice. The location, format, frequency, duration and conclusion of these discussions shall be left to the discretion of the representatives; provided that, the duration shall not exceed 45 days from the date of the Dispute Notice (an "ACTION DATE") unless extended by mutual written agreement of the Parties setting forth a new Action Date. The Dispute Notice and any extension shall specify the Action Date. The Dispute Notice shall set forth the nature of the dispute, in reasonable detail. Discussion and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, exempt from discovery and production, and shall not be admissible in the arbitration described below. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration. If the Parties are unable to resolve any disputes arising under or relating to this Agreement (each a "DISPUTE") using the process described in this Section 21(d) within the time period provided, including without limitation disputes regarding a breach or default under this Agreement, the Parties shall arbitrate such dispute pursuant to the arbitration provisions set forth in Section 21(d)(iii) and as modified by the Special Arbitration provisions Section 21(d)(xii) in the case of disputes arising under Section 20(e)(ii).
Dispute Notice. The Proposed Final Closing Statement (and the proposed final determinations of Closing Net Working Capital, Closing Cash Balance, the Closing Indebtedness, the Company Transaction Expenses and the Aggregate Purchase Price contained therein) shall be final, conclusive and binding on the parties hereto for purposes of this Section 3.04 unless the Equityholders’ Representative provides a written notice (a “Dispute Notice”) to Purchaser no later than the thirtieth (30th) day after the delivery by Purchaser to the Equityholders’ Representative of the Proposed Final Closing Statement; provided that, in the event that either Purchaser or the Surviving Corporation and its Subsidiaries does not provide any papers or documents reasonably requested by the Equityholders’ Representatives or any of its authorized Representatives within five (5) days of request therefor (or such shorter period as may remain in such 30-day period), such 30-day period shall be extended by one (1) day for each additional day required for Purchaser or the Surviving Corporation and its Subsidiaries to adequately respond to such request. Any Dispute Notice must set forth in reasonable detail (i) any item on the Proposed Final Closing Statement which the Equityholders’ Representative believes has not been prepared in accordance with this Agreement and the proposed correct amount of such item (each, a “Disputed Item”) and (ii) the Equityholders’ Representative’s alternative calculation of the Closing Net Working Capital, the Closing Cash Balance, the Transaction Tax Benefits, the Closing Indebtedness, the Company Transaction Expenses and the Aggregate Purchase Price, as applicable, calculated in accordance with the principles set forth in Section 3.04(b) above.
Dispute Notice. If any dispute arises between two or more parties (Disputing Parties) in connection with this agreement, the party requiring it to be resolved must promptly give each other Disputing Party written notice giving details of the dispute.
Dispute Notice. If there is a dispute between the parties in relation to this Agreement, either party may give the other party notice of the nature and details of the dispute.
