DISPUTE MECHANISM. Should any question be raised by the affected non-regular type 2 faculty member or the Union regarding whether a faculty member has or does not have the necessary qualifications, experience or abilities to instruct remaining courses or to perform remaining services in the discipline/program, scheduling, or any other matter related to this article, the question shall be referred in writing to the Labour Management Relations Committee within five (5) days. Should the Labour Management Relations Committee not resolve the question within fourteen (14) days, the Employer shall decide and the decision shall be subject to the grievance/arbitration procedures set out in Article 17.02 and 17.03. A grievance filed pursuant to this clause may be filed at Step 3 of the grievance procedure.
DISPUTE MECHANISM. Any dispute or difference of any kind arising between the parties in connection with or arising out of this agreement, whether during or after the Term (“Dispute”) must be resolved pursuant to this clause 20.
DISPUTE MECHANISM. If the Parties dispute the amount of one or more Royalty Payments or amounts payable under Section 2.9 (“Buyout Payments”) (including: (i) the determination of such amounts following an audit conducted pursuant to Section 2.7; and (ii) the manner in which “market capitalization” and “net purchase price” are determined pursuant to Section 2.9(a)(ii)(C)) (a “Dispute”), they shall each use commercially reasonable efforts to reach a negotiated resolution of the Dispute and shall exchange reasonable information with one another concerning the Dispute. If the Parties are unable to reach a negotiated resolution within 30 days from the commencement of negotiations to resolve the Dispute, then either Party may elect for the Dispute to be determined by an independent public accounting firm (the “Independent Accountant”) licensed to practice accounting in the United States of America selected by mutual agreement of the Parties, or in the absence of such agreement, KPMG LLP, and the Parties shall provide to the Independent Accountant their respective final figures in respect of the disputed amounts along with supporting documentation to substantiate their positions. None of the Parties will disclose to the Independent Accountant, and the Independent Accountant will not consider, for any purpose, any settlement offer made by a Party to the other. The determination of the Independent Accountant shall be final and binding upon the Parties, absent manifest error. Costs of the Independent Accountant shall be paid as determined by the Independent Accountant, and in the absence of such determination, each Party shall pay 50% of the Independent Accountant’s costs; provided, however, that each Party shall bear its own costs in presenting its arguments to the Independent Accountant. The Independent Accountant shall be deemed to act as an expert and not as an arbitrator. For greater certainty, in the event of a Dispute, and until such time as such Dispute is finally resolved in accordance with the terms of this Section 2.8, the Parties shall continue to be bound by all of the provisions of this Agreement in accordance with their terms (including the Gross Sales Royalty and Minimum Monthly Amount then in effect) notwithstanding the subject-matter of the Dispute.
DISPUTE MECHANISM. Should the Company and/or Union fail to reach agreement on any of the requirements contained in this article, either party shall have the right to file a grievance beginning at step two of the grievance procedure. Out of Town Assignments –
DISPUTE MECHANISM. 3.12 Subject to Paragraph 1.5 above, Rosneft may dispute the Draft Completion Accounts by notice in writing (in this Paragraph, the “Dispute Notice”) delivered to NADL in accordance with Clause 26 (Notices) within 25 calendar days or 15 Business Days (whichever greater) of receiving the Draft Completion Accounts.
DISPUTE MECHANISM. The Sellers shall have until thirty (30) days after the delivery of the Closing Date Balance Sheet to review the Closing Date Working Capital calculations and propose any adjustments thereto. All adjustments proposed by the Sellers shall be set out in detail in a written statement delivered to the Purchaser (the "Adjustment Statement") and shall be incorporated into the calculation of the Closing Date Working Capital, unless the Purchaser shall object in writing to such proposed adjustments (the proposed adjustment or adjustments to which the Purchaser objects are referred to herein as the "Contested Adjustments" and the Purchaser's objection notice is referred to herein as the "Contested Adjustment Notice") within thirty (30) days of delivery by the Sellers to the Purchaser of the Adjustment Statement. If the Purchaser delivers a Contested Adjustment Notice to the Sellers, the Purchaser and the Sellers shall attempt in good faith to resolve their dispute regarding the Contested Adjustments, but if a final resolution thereof is not obtained within ten (10) days after the Purchaser delivers to the Sellers said Contested Adjustment Notice, either the Purchaser or the Sellers may retain for the benefit of all the parties hereto an accounting firm acceptable to both the Sellers and the Purchaser (the "Independent Accountant") to resolve any remaining disputes concerning the Contested Adjustments. If the Independent Accountant is retained, then (i) the Sellers and the Purchaser shall each submit to the Independent Accountant in writing not later than thirty (30) days after the Independent Accountant is retained their respective positions with respect to the Contested Adjustments, together with such supporting documentation as they deem necessary or as the Independent Accountant requests, and (ii) the Independent Accountant shall, within thirty (30) days after receiving the positions of both the Sellers and the Purchaser and all supplementary supporting documentation requested by the Independent Accountant, render its decision as to the Contested Adjustments, which decision shall be final and binding on, and nonappealable by, the Sellers and the Purchaser. The fees and expenses of the Independent Accountant shall be paid by the party whose estimate of the calculation in question is furthest from the Independent Accountant's estimate of the calculation in question. The decision of the Independent Accountant shall also include a certificate of the Independent Acco...
DISPUTE MECHANISM. Any disputes that may arise over expenses incurred by Consultants on behalf of Compass Aerospace or any Aerospace Entity or reimbursement thereof, shall be resolved by a committee composed of three (3) members (the "Committee"). The powers of the Committee shall be limited to resolution of expense reimbursement disputes as provided hereunder and those actions necessary or desirable to implement any agreed resolution thereof. One member of the Committee shall be appointed by Compass Aerospace from among its officers, one shall be appointed by Dunhill from among its officers, and the last shall be appointed by Xxxxx from among its officers. The Committee members shall serve indefinite terms, and each can be removed by its respective appointing authority with or without cause. Each member shall have one vote, and any resolution shall be approved by majority vote. Compass Aerospace and Consultants shall be bound by the Committee's determination as to the resolution of fee disputes.
DISPUTE MECHANISM. In the event that any Founding Company disagrees with the determination of the Uncollectible Retainages of any Founding Company, the disagreeing party shall transmit to RW within 15 days of receipt of the Retainages Notice a written notice (the "Retainages Response") describing in reasonable detail the Retainages of such Founding Company that it believes to be uncollectible and the basis of such party's belief. If a Founding Company has timely sent a Retainages Response, Arthxx Xxxexxxx xx, if not Arthxx Xxxexxxx, XX's accountant shall determine the amount of the Uncollectible Retainages, which determination shall be binding on RW and the Founding Companies.
DISPUTE MECHANISM. (a) Any dispute which, in the judgment of a party to this Contract may materially affect the performance of such party shall be reduced to writing and delivered to the other party. The parties shall promptly meet face to face at the MMC's offices to negotiate in good faith and use every reasonable effort to resolve such difficulty in a mutually satisfactory manner. Prior to the institution of any formal proceeding, the parties must meet in this manner at least twice to attempt to resolve the dispute in question. These initial two (2) meetings shall take place within 15 business days after service of the written statement of the dispute. During the pendency of such negotiations, the parties shall act in good faith to perform their respective duties described herein.
DISPUTE MECHANISM. (i) Within 10 days following the Purchaser’s delivery to the Company of a Net Sales Statement with respect to a Quarterly Royalty Period, the Company will give the Purchaser a written notice stating either (i) the Company’s acceptance, without objection, of the Net Sales Statement (a “
