Audit and Disputes Sample Clauses

Audit and Disputes. All transactions contemplated in this Section 2.06 shall be subject to audit by the parties, and any dispute thereunder shall be resolved by an independent firm of certified public accounts mutually acceptable to Getty and Marketing, whose decision shall be final and unappealable. ARTICLE III

Audit and Disputes. All transactions contemplated in this Section 2.09 shall be subject to audit by the parties, and any dispute thereunder shall be resolved by an independent firm of certified public accounts mutually acceptable to Culbro and CLR, whose decision shall be final and unappealable.

Audit and Disputes. With respect to payments made after the creation of the Trust, Kennecott, upon written notice, shall have the right to audit the records that relate to the calculation of the NSR Royalty within 21 months after receipt of the Audit Report applicable to each such payment of the NSR Royalty. Kennecott shall be deemed to have waived any right it may have had to object to a payment made, unless it provides notice in writing of such objection within 24 months after receipt of the Audit Report applicable to each payment of the NSR Royalty. If the Parties are unable to resolve the dispute within 60 days after the receipt of such notice, the dispute shall be resolved in accordance with the dispute resolution provisions of Section 4(e) of the “▇▇▇▇▇▇▇▇ Property Trust Ancillary Agreement” except as modified in this Section 4. Unless the Parties agree to share the costs of arbitration, the arbitrator shall determine what part of the costs and expenses incurred in any such proceeding shall be borne by each party participating in the arbitration. Kennecott’s objection, if any, to the Initial Amount of the Trust shall be governed solely by section 5 of the “▇▇▇▇▇▇▇▇ Property Trust Ancillary Agreement.”

Audit and Disputes. 1. The Royalty Holder, upon written notice, shall have the right to have an independent firm of certified public accountants audit the records that relate to the calculation of the Net Proceeds interest within 12 months after receipt of a payment described in section E of this Exhibit for a calendar quarter. 2. The Royalty Holder shall be deemed to have waived any right it may have had to object to a payment made for any calendar quarter, unless it provides notice in writing of such objection within 12 months after receipt of final payment for the calendar quarter. If the parties are unable to resolve the dispute within 60 days after the receipt of such notice, the dispute shall be resolved by arbitration in Salt Lake City, Utah, pursuant to the commercial arbitration rules of the American Arbitration Association. The resolution pursuant to such arbitration shall be binding on the parties. Alternatively, the parties may elect to submit the dispute to a mutually acceptable certified public accountant, or firm of certified public accountants, for a binding resolution thereof. Unless the parties agree to share the costs of arbitration, the arbitrator shall determine what part of the costs and expenses incurred in any such proceeding shall be borne by each party participating in the arbitration.

Audit and Disputes