Determination of Dispute. If the determination of any dispute referred to in Clause 33.4 shows that:
Determination of Dispute. If the determination of any dispute conducted pursuant to clause 28.7 (Dispute) shows that: the Authority has withheld any amount which the Contractor was entitled to be paid; or the Contractor has claimed under clause 28 (Payment Provisions) any amount which it was not entitled to be paid the Authority shall pay such amount to the Contractor or the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay the Authority) or from the date on which over-payment was made (in the case of excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgment. 29TAXATION
Determination of Dispute. If the determination of any dispute conducted pursuant to clause 37.7 (Dispute) shows that: the Authority has withheld any amount which the Contractor was entitled to be paid; or the Contractor has claimed under clause 37.2 (Report and Invoice) any amount which it was not entitled to be paid, the Authority shall pay such amount to the Contractor or the Contractor shall repay such amount to the Authority with interest in each case on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which payment should have been made (in the case of failure to pay by the Authority) or from the date on which over payment was made (in the case of excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgment. Rights of Set Off147 The Contractor shall not be entitled to retain or set off any amount due to the Authority by it, but the Authority may (subject to clause 55.2 (Set Off on Termination)) retain or set off any amount owed to it by the Contractor under this Agreement which has fallen due and payable against any amount due to the Contractor under this Agreement. Set Off and Disputed Amounts If the payment or deduction of any amount referred to in clause 37.9 (Rights of Set Off) is disputed then any undisputed element of that amount shall be paid and the disputed element shall be dealt with in accordance with the Dispute Resolution Procedure.
Determination of Dispute. Promptly, but no later than twenty (20) days after acceptance of his or her appointment as Unrelated Accountant, the Unrelated Accountant shall determine (it being understood that in making such determination, the Unrelated Accountant shall be functioning as an expert and not as an arbitrator), those Disputed Items and shall render a written report as to the resolution of the Disputed Items and the resulting computation of the Final Closing Cash, or the Final Closing Working Capital, as the case may be, which computation shall be conclusive and binding on the Parties. In the course of the Unrelated Accountant’s review, the Parties shall deliver written submissions to the Unrelated Accountant describing their respective positions. In addition, the parties shall be entitled to make oral presentations or arguments if either party so requests. In resolving any Disputed Item, the Unrelated Accountant (i) shall be bound by the provisions of this Section 2.4, (ii) may not assign a value to any item greater than the greatest value for such item claimed by either party or less than the lowest value for such item claimed by either party; provided, that if a value assigned to an item in dispute requires under GAAP that a corresponding or related adjustment or adjustments be made, the Unrelated Accountant shall have the authority to make such other adjustment or adjustments and (iii) may review (and the parties shall provide) any and all documents and records as the Unrelated Accountant deems appropriate. Upon receipt of the Unrelated Accountant’s written report, (A) the Preliminary Closing Balance Sheet, as modified to reflect the Unrelated Accountant’s determinations, shall be deemed accepted by, and such determinations shall be final and binding on, the Sellers’ Agent and Purchaser and enforceable as an arbitration award pursuant to the Federal Arbitration Act, 9 U.S.C. § 1-16, and (B) Purchaser shall prepare a schedule setting forth the calculation of the Final Closing Cash, the Final Closing Working Capital and the Final Purchase Price (each such calculation to be made in accordance with the procedures of this Agreement) and shall deliver such schedule to the Sellers’ Agent within ten (10) Business Days after Purchaser’s receipt of the Unrelated Accountant’s written report. The Unrelated Accountant’s fees and expenses shall be borne by Purchaser and the Sellers’ Agent in such proportion as the Unrelated Accountant may determine and, in the absence of such determi...
Determination of Dispute. (a) In so far as any dispute may arise between the parties with regard to the calculation of Revenue Share the parties will make available to the other all information, records and data held by them in respect of the Information Services which would have been given rise to the entitlement to Revenue Share and shall use all reasonable endeavours to agree the sum or sums due pursuant to the terms of this Agreement.
Determination of Dispute. In the event that the outcome of the Dispute Resolution Procedure, Expert determination or an agreement between the Parties is that any additional sums were due, the Concessionaire shall pay such sum within 7 Working Days together with interest thereon at the Prescribed Rate from the date on which such payment was due.
Determination of Dispute. Within 7 calendar days after receiving an explanation to show contrary Class Information, the Administrator shall consult with the Parties to determine whether an adjustment is warranted, make a determination regarding the amount of any Individual Settlement Payments, and inform the Class Member disputing the Class Information of the Administrator’s determination.
Determination of Dispute. In determining a dispute under this Licence, the Expert must:
Determination of Dispute. 14.1 For the purposes of this Clause 14: -
Determination of Dispute. 96.—(1) The adjudicator shall record his determination and the reasons for it in writing and shall give notice of the determination (including the record of the reasons) to the parties.
