Common use of Counter-Notice Clause in Contracts

Counter-Notice. If BSE disputes the existence of the conditions upon which the Release Notice is based, then BSE shall, within ten (10) business days following the delivery of the Release Notice by the Escrow Agent, submit a Counter-Notice to the Escrow Agent with copy to Alstom. If the Counter-Notice is received by the Escrow Agent before the close of business on the tenth (10th) business day following the date on which the Release Notice was delivered to BSE by the Escrow Agent, then the Escrow Agent shall, within three (3) business days after receipt of any such Counter-Notice, serve a copy of the Counter-Notice on Alstom and withhold delivery of the Escrow Materials pending receipt of (i) a decision pursuant to the applicable dispute resolution mechanism set forth in the Escrow Agreement or in the Consortium Agreement or Alstom-BSE Subcontract, as applicable, or if no such provision exists, then in accordance with Section 8.2, (ii) an order from a court of competent jurisdiction, or (iii) written instructions jointly signed by both Parties. Upon receipt of such decision, order or instructions, the Escrow Agent shall deliver a copy of the Escrow Materials only in accordance with such decision, order or instructions.