Disputed Amount. If Buyer disagrees with the amount of any invoice for reasonable cause, Buyer shall promptly notify Seller by facsimile transmission, followed promptly by written confirmation which shall set forth the basis for such disagreement, so that the dispute may be resolved before the payment due date. If any portion of an invoice is not reconciled prior to the payment due date, the undisputed amount shall be paid when due and the disputed portion shall be held in abeyance until the dispute is resolved. Buyer may, at its option, pay the disputed portion of any invoice without thereby waiving its right to contest such disputed portion of the invoice. Upon final resolution of the dispute, any adjustment due either Buyer or Seller shall bear interest at the Prime Rate in effect as of the date upon which Buyer notifies Seller of the existence of a dispute.
Disputed Amount. If the Buyer disputes any amount, quantity, value or sum in the Payment Statement, debit note or credit note, Take or Pay Statement (“the Disputed item”), the Buyer shall notify the Seller within seven (7) days of receiving either of the Statements. The notice shall specify the Disputed item and the reasons why the Buyer disputes that item. The Seller and the Buyer shall resolve the dispute relating to the disputed item as provided for in Article 11. The amount agreed or determined to be due in relation to the Disputed item shall be paid to or paid by the Buyer.
Disputed Amount. If Seller disagrees with the Closing Statement --------------- used to calculate the Contingent Purchase Price, it shall notify PharmaCare of such disagreement in writing specifying in detail the particulars of such disagreement within thirty (30) calendar days after Seller's receipt of the Closing Statement.
Disputed Amount. In the event that Taconic reasonably disputes any part of any invoice for the rendition of Services by Transnetyx (each, a “Disputed Amount”), Taconic shall promptly notify Transnetyx in writing of such Disputed Amount and shall provide sufficient details of the grounds for such Disputed Amount but shall pay the full amount of any such invoice and all other invoices in full in accordance with the terms and conditions of this Section 4. The Parties will promptly enter into good faith discussions with a view toward resolving any issues relating to such Disputed Amount. If the Parties mutually agree in writing that Taconic is not required to pay such Disputed Amount, Transnetyx shall promptly repay to Taconic the Disputed Amount.
Disputed Amount. If an invoice dispute arises, Nifco shall deliver a written statement to Supplier listing all disputed items and a reasonably detailed description of each. The parties shall seek to resolve such dispute expeditiously and in good faith. Supplier shall continue performing its obligations under the applicable Purchase Order notwithstanding any such dispute. All invoices in dispute shall be put on hold until such dispute has been resolved to the satisfaction of both parties.
Disputed Amount. In the event that NAV CANADA believes that it has been improperly charged for any amount contained in an invoice referred to in section 11.02 above, NAV CANADA shall pay the amount of the invoice and may request the Minister to review the invoice to redetermine the amount owing, taking into account any issues raised by NAV CANADA.
Disputed Amount. In the event of any dispute as to the amount of an invoice:
Disputed Amount. (a) If a Response Notice delivered by the Sellers' Representative in response to a Claim Notice contains a statement that there is a Disputed Amount, then, notwithstanding anything contained in Section 8.6, ADAC may continue to hold (in addition to any other Withheld Amount permitted to be retained, whether in connection with any other dispute or otherwise) up to an amount of the Withheld Amount equal to the Disputed Amount; PROVIDED that such amount shall not exceed the aggregate amount of Sellers' liability pursuant to this Agreement.
Disputed Amount. Subject to Section 36.A above, in the event Landlord or Tenant disputes any payment, reimbursement, refund or abatement, either party may serve a notice on the other that such party is submitting the matter to binding arbitration, as set forth below.
Disputed Amount. The Disputed Amount shall be settled as follows: The Parties shall in good faith endeavour to resolve the Disputed Amount within ninety (90) days from the Transfer Date. If such resolution cannot be reached within such ninety (90) day period, the Disputed Amount shall be resolved by the Independent Auditor upon the written request of either Party. The Parties shall jointly instruct the Independent Auditor that he/she shall (a) act as an expert and not as an arbitrator; (b) determine the Disputed Amount on the basis of the matters described in the Calculation and the Sellers’ notice of dispute and other materials that the Parties may submit; (c) render his/her written decision, together with the reasons therefor, in English within thirty (30) days from the submission of the dispute. Each Party shall be entitled but also obliged to provide the Independent Auditor with documentation and assistance deemed necessary either by the other Party or the Independent Auditor for resolving the Disputed Amount. A copy of any written communication between one Party and the Independent Auditor shall simultaneously be provided to the other Party. Either Party may dispute the resolution of the Independent Auditor by initiating arbitral proceedings in accordance with Section 21 within fourteen (14) days from the date of receipt of the resolution of the Independent Auditor. If no arbitral proceedings have been initiated within such fourteen (14) day period, or if the Parties have accepted the resolution of the Independent Auditor in writing before the expiry of such fourteen (14) day period, the resolution of the Independent Auditor shall be deemed final and binding upon the Parties. The Independent Auditor or the arbitral tribunal, as the case may be, shall further decide on the allocation of their fees between the Parties.
