Disputed Adjustments Sample Clauses
The Disputed Adjustments clause establishes the process for handling disagreements between parties regarding changes or corrections to amounts, calculations, or other contractual terms. Typically, this clause outlines the steps for notifying the other party of a dispute, the timeframe for raising objections, and the method for resolving the disagreement, such as negotiation or referral to an independent expert. Its core function is to provide a clear and orderly mechanism for resolving disputes over adjustments, thereby minimizing uncertainty and potential conflict during the contract's performance.
Disputed Adjustments. Failure to agree to any adjustment shall be a resolved in accordance with Article 8 of this Agreement. However, nothing in this clause shall excuse the Subcontractor from proceeding with the Call Order as changed.
Disputed Adjustments. 3.9.1 Without prejudice to Clause 3.9.2, on Completion the amount of the Dollar and Sterling balances specified in the Interim Completion Statement, as updated, shall be paid by the Purchaser or the Seller (as the case may be).
3.9.2 If any of the amounts or portions thereof contained in the Interim Completion Statement to be delivered pursuant to Clause 3.8 have not been agreed or determined within five (5) Business Days of receipt of the Interim Completion Statement, the Purchaser may serve notice on the Seller prior to Completion giving particulars of the disputed amounts or portions of the Adjustments and the Parties shall use reasonable endeavours to resolve the dispute within ninety (90) Business Days of receipt by the Seller of the said notice.
3.9.3 Following the agreement of the Parties or determination under Clause 3.11 in respect of such disputed amounts or portions thereof, any reimbursement of disputed amounts or portions thereof paid pursuant to Clause 3.9.1 shall be made within the Final Completion Statement, or if agreed or determined thereafter, within five (5) Business Days following the earlier of agreement of the Parties of such disputed amounts or portions thereof or determination under Clause 3.11 of such disputed amounts or portions thereof.
Disputed Adjustments. All disputed adjustments under this Contract will be determined in accordance with Article 17 if, as conditions precedent thereto, CONTRACTOR has timely provided all notices and objections required under the terms of the Contract.
Disputed Adjustments. Upon receipt of the Closing Statement, Gemtron and Methode and their respective accountants and representatives shall be permitted during the succeeding thirty (30) day period to examine the accounting records and work papers prepared by the Independent Accounting Firm in connection with the preparation of the Closing Statement. If Gemtron and Methode agree to the Closing Statement, it shall become the final Closing Statement (the “Final Closing Statement”). If Gemtron and/or Methode do not agree to the Closing Statement, Gemtron and/or Methode shall within thirty (30) days after delivery of the Closing Statement by the Independent Accounting Firm, prepare and deliver to the other party a list of disputed adjustments (the “Disputed Adjustments”) to the Closing Statement. If either party fails to deliver a list of Disputed Adjustments within thirty (30) days after the delivery of the Closing Statement by the Independent Accounting Firm, such party shall be deemed to have agreed to the Closing Statement. Gemtron and Methode shall use Reasonable Efforts to resolve the Disputed Adjustments. If Gemtron and Methode are able to reach an agreement on the Disputed Adjustments, the Closing Statement shall be amended to reflect such agreement and shall become the Final Closing Statement. If Gemtron and Methode are unable to reach an agreement on the Disputed Adjustments within thirty (30) days after receipt of all Disputed Adjustments, then Gemtron and Methode shall select a replacement Independent Accounting Firm in accordance with Section 3.3 (unless Methode and Gemtron both elect to retain the original Independent Accounting Firm) and shall cause such Independent Accounting Firm to review the Disputed Adjustments and determine the final value of each of the Disputed Adjustments in a prompt manner (and in any event within sixty (60) days of receipt of the Disputed Adjustments). In making such determination, the Independent Accounting Firm shall consider only the items or amounts in dispute (and any other items or amounts relating thereto), and the determination of each Disputed Adjustment’s value, as so computed, shall not, in any event, be outside the range of dollars proposed by Gemtron and Methode. The Closing Statement shall then be amended to reflect the determination of the final value of each of the Disputed Adjustments and shall become the Final Closing Statement. The Final Closing Statement shall be deemed to be and shall be conclusive and binding on the p...
Disputed Adjustments