Absence of Dispute Sample Clauses

Absence of Dispute. If the Sellers Representatives, on behalf of the Sellers, do not dispute any aspect of Buyer's calculation of Collections for such Earnout Period within sixty (60) days of the Determination Date, or if Buyer and the Sellers Representatives, on behalf of the Sellers, reach agreement upon the items initially in dispute (with such further adjustments as to which they may agree) within thirty (30) days following Buyer's receipt of the Earnout Dispute Notice, the Collections so accepted or agreed upon shall be final, conclusive and binding on the parties hereto and not subject to collateral attack.
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Absence of Dispute. If the Seller Representatives, on behalf of the Institutional Sellers and the Management Sellers, do not dispute any aspect of Buyer’s calculation of Revenues, Net Income and/or realized cost reductions for the Contingent Payment Period within sixty (60) days of the Determination Date, or if Buyer and the Seller Representatives, on behalf of the Institutional Sellers and the Management Sellers, reach agreement upon the items initially in dispute (with such further adjustments as to which they may agree) within thirty (30) days following Buyer’s receipt of the Earnout Dispute Notice, the Revenues, Net Income, and/or realized cost reductions so accepted or agreed upon shall be final, conclusive and binding on the parties hereto and not subject to collateral attack.
Absence of Dispute. If the Record Holders do not dispute any aspect of CyberGuard’s calculation of Revenues for the Contingent Payment Period within sixty (60) days of the Determination Date, or if CyberGuard and the SnapGear Representatives, on behalf of the Record Holders, reach agreement upon the items initially in dispute (with such further adjustments as to which they may agree) within thirty (30) days following CyberGuard’s receipt of the Earnout Dispute Notice, the Revenues so accepted or agreed upon shall be final, conclusive and binding on the parties hereto and not subject to collateral attack.

Related to Absence of Dispute

  • Notification of Dispute If You or We consider that a dispute has arisen in relation to this agreement (either during the Services, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, You and We must continue to perform any obligations outstanding by Us under the agreement.

  • Notice of Disputes Notice of the dispute will be submitted on the form provided in Appendix A and sent to the responding party, in order to provide an opportunity to respond. The Crown shall be provided with a copy.

  • Notice of Dispute The party wishing to commence the dispute resolution process must give written notice (Notice of Dispute) to the other parties of:

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Resolution of Disagreements Disputes arising under this Agreement will be resolved informally by discussions between Agency Points of Contact, or other officials designated by each agency.

  • Determination of Disputes Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

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