Disputed Facts Sample Clauses

Disputed Facts. 158. The Parties differ on the following points: whether there was a sufficient basis to refer the project to a JRP; whether the Investors were led to believe that the EA would take the form of a comprehensive study and not a JRP; whether the scope of the EA was unnecessarily broad.
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Disputed Facts. 190. The Parties disagree on the following issues: when the Investors were notified of the referral of the Whites Point project to a JRP; whether the appointment of the JRP members was fair; whether the Scoping Meetings, the EIS Guidelines and the JRP’s considerations conformed to statutory requirements and the TOR; whether the Investors were unresponsive and acted unprofessionally in responding to requests for information, drawing out the EA; whether the hearing held before the JRP was conducted fairly and impartially; whether the JRP unlawfully recommended rejection of the project under the CEAA; and whether the local community support for the Whites Point project was indeed extensive.
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Disputed Facts. 221. The Parties differ on the following points: whether the decision of Nova Scotia and the involved federal departments to adopt the JRP’s recommendations endorsed the JRP’s recommendations and reasoning without reflection and consideration; and whether Nova Scotia’s decision was independent of the federal Government’s decision.
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Disputed Facts. 1. The Employer contends that the Union did not protest the Employee's seniority and juniority dates within the 60-day time limit specified in Article X of the collective bargaining agreement and that, therefore, the matter is not properly before the Board. According to the Employer, under Article X Section E.1.a, if an employee's seniority listing is not protested within 60 days, seniority and juniority dates become frozen and may be adjusted subsequently only by mutual agreement. Where the evidence suggests that such an adjustment is proper, the parties usually agree on a proposed change. According to the Employer, the Employee's seniority and juniority dates were not protested within 60 days. There has been no mutual agreement to change the date because the Employer believes that such an adjustment would not be proper or in accordance with the contract. Therefore the matter is not properly before the Board as to the remedy sought, the Employer contends.
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Disputed Facts. All facts from the parties’ pleadings that are not stipulated above are disputed.
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Related to Disputed Facts

  • Disputed Xxxx 2.9.1 If the Buying Entity does not dispute a Monthly Xxxx raised by the other Party within fifteen (15) days of receiving such Xxxx shall be taken as conclusive and binding.

  • Stipulated Facts For purposes of this Agreement only, the following constitutes a summary of facts by the EPA and SCDHEC upon which this Agreement is based.

  • Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.

  • Disputed Amounts 28.1.1 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall, prior to the Xxxx Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts.

  • Disputed Invoices If the Trader or the Distributor disputes a Tax Invoice (which includes a Revision Invoice) issued under this clause 9, the party disputing the invoice ("Disputing Party") must notify the other party ("Non-disputing Party") in writing and provide details as to the reasons why the Disputing Party disputes that invoice within 18 months of the date of the first Tax Invoice issued in respect of the Distribution Services charges the subject of the disputed Tax Invoice ("Invoice Dispute"). On receiving an Invoice Dispute notice, the Non-disputing Party must:

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

  • Billing and Payment; Disputed Amounts 9.1 Except as otherwise provided in this Agreement, each Party shall submit to the other Party on a monthly basis in an itemized form, statement(s) of charges incurred by the other Party under this Agreement.

  • Closing Statement (a) At least five (5) business days prior to the Closing Date, the Company shall submit to Buyer a written statement of estimated Current Assets and Current Liabilities as of the last day of the month immediately preceding the Closing Date (the "Estimated Closing Statement") containing the Company's good faith estimate of the Net Working Capital Amount (the "Estimated Net Working Capital Amount"), which shall reflect the items required to be set forth in, and be prepared in a manner consistent with the preparation of, the Closing Statement, in each case in accordance with Section 4.6(b); provided, however, that for purposes of the Estimated Net Working Capital Amount, the parties hereto agree that 50% of the amount of Fuel Sensor Damages (x) actually expended by Parent or the Company from March 1, 2011 through the last day of the month immediately preceding the Closing Date and (y) accrued as current liabilities on the Estimated Closing Statement, shall be added as a credit to the estimated Net Working Capital Amount set forth on the Estimated Closing Statement. Commencing with the Company's delivery of the Estimated Closing Statement to Buyer, Buyer shall have reasonable access to the books and records and personnel of the Company and the opportunity to consult with the Company for purposes of confirming or disputing the Estimated Net Working Capital Amount. If Buyer shall disagree, in good faith, with any item set forth in the Estimated Closing Statement or used to determine the Estimated Net Working Capital Amount, then Buyer and the Company shall work, in good faith, to reach agreement on such disputed items and the amounts as agreed to by Buyer and the Company shall constitute the Estimated Net Working Capital Amount. Notwithstanding the foregoing, Buyer's agreement with the Estimated Net Working Capital Amount (or any item set forth in the Estimated Closing Statement or used to determine the Estimated Net Working Capital Amount) shall not foreclose, prevent, limit or preclude any rights or remedy of Buyer set forth in this Agreement. If the Estimated Net Working Capital Amount is less than the Target Net Working Capital Amount, the amount of the Closing Payment to be paid by Buyer pursuant to Section 4.1(b)(i) shall be reduced by an amount equal to the difference between the Estimated Net Working Capital Amount and the Target Net Working Capital Amount. If the Estimated Net Working Capital Amount is more than the Target Net Working Capital Amount, the amount of the Closing Payment to be paid by Buyer pursuant to Section 4.1(b)(i) shall be increased by an amount equal to the difference between the Estimated Net Working Capital Amount and the Target Net Working Capital Amount.

  • Settlement Statement A settlement statement setting forth the amounts paid by or on behalf of and/or credited to each of Purchaser and Seller pursuant to this Agreement;

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

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