Disputed Statements. If the Restaurant disagrees with the Statement, the Restaurant must notify Xxxxxx Xxx Ltd of its disagreement within 14 days of the delivery of the Statement to the Restaurant, setting out in detail the reasons for the disagreement. If the Restaurant fails to notify Xxxxxx Xxx Ltd of any such disagreement within 14 days of the Statement date, the Statement shall be deemed to be accepted by the Restaurant.
Disputed Statements. In the event of disagreement concerning any statement, Customer or SABINE (as the case may be) shall make provisional payment of the total amount thereof and shall immediately notify the other Party of the reasons for such disagreement, except that in the case of an obvious error in computation, Customer or SABINE (as the case may be) shall pay the correct amount disregarding such error. Subject to Section 11.3(b), statements may be contested by Customer or SABINE (as the case may be) only if, within a period of ninety (90) days after a Party’s receipt thereof, Customer or SABINE (as the case may be) serves on the other Party notice questioning their correctness. If no such notice is served, statements shall be deemed correct and accepted by both Parties. Promptly after resolution of any Dispute as to a statement, the amount of any overpayment or underpayment (plus interest as provided in Section 11.4(c)) shall be paid by SABINE or Customer to the other, as the case may be.
Disputed Statements. Should a statement be disputed by a party in good faith, the disputing party will pay any undisputed amount and will notify the other party in writing of the disputed amount and the basis for the dispute. Payment of the undisputed portion of a statement will not be deemed a waiver of the paying party's right to recoup any overpayment, and acceptance of such payment will not be deemed a waiver of the accepting party's right to recover any underpayment. The party that rendered the disputed statement will promptly investigate the dispute and will submit a corrected statement, if necessary, within thirty (30) Days after receiving notice of the dispute. If the parties cannot agree on the disputed amount within such 30-Day period, then, if upon resolution of the dispute, a party is determined to have underpaid the amount actually due, the party will remit the amount due, plus interest thereon from the date such amount should have been paid until such amount has been received by the underpaid party, calculated at the rate stated in Section 8.5 herein. If upon resolution of the dispute, a party is determined to have overpaid the amount actually due, the party to whom such overpayment was made will refund the excess paid, plus interest thereon calculated at the rate stated in Section 8.5 herein.
Disputed Statements. If Counterparty, in good faith, disputes the amount (in whole or in part) of any invoice, statement or other payment demand (other than a demand for Margin), Counterparty shall pay to Basis the undisputed portion thereof, and the Parties shall work in good faith to resolve the dispute. If it is ultimately determined that Counterparty owes all or a portion of the disputed amount, Counterparty shall immediately pay to Basis that amount upon such determination with interest at the Default Interest Rate from and including the original due date to but excluding the date payment is actually made.
Disputed Statements. (a) The Owner shall be entitled to dispute any amount set forth in any statement or invoice rendered by the Manager at any time during the twelve (12) month period from and after the date of receipt by the Owner of such statement or invoice.
Disputed Statements. (a) Purchaser will keep full and accurate books and records relating to the performance required with respect to its obligations to pay royalties under this Agreement and its Net Sales. For one (1) year after receipt of a Lifecycle Products Statement or New Product Statement delivered pursuant to Section 3.2 or Section 3.2(a) (each, a "Net Sales Statement"), as applicable (the "Audit Termination Date"), Sellers shall have the right, during regular business hours and upon reasonable advance notice, to have the books and records of Purchaser relating to such Net Sales and royalty payments audited no more frequently than once per year so as to verify the accuracy of Purchaser's calculation of such Net Sales or royalty payment. If, upon the inspection of the books and records of Purchaser, Sellers disagree with Purchaser's calculation of Net Sales or royalty payments set forth in any Net Sales Statement, Sellers may, prior to the expiration of the Audit Termination Date, deliver written notice to Purchaser disagreeing with such calculation and setting forth Sellers' calculation of such amount. Any such notice of disagreement shall specify those items or amounts as to which Sellers disagree, and Sellers shall be deemed to have agreed with all other items and amounts contained in the Net Sales Statement and the calculation of Net Sales included in such Net Sales Statement. If Sellers do not deliver to Purchaser a written notice of disagreement prior to the expiration of the Audit Termination Date, then Sellers shall be deemed to have agreed to such Net Sales Statement.
Disputed Statements. If the Customer, in good faith, disputes a Statement or any portion thereof, the Customer shall provide written notice to The City setting out the portions of the Statement that are in dispute including a brief explanation of the dispute, and may withhold payment of the portion of the Statement that is the subject of such dispute. If it is subsequently determined or agreed that an adjustment to a Statement is appropriate, The City will promptly (and, in any event, within ten (10) Business Days) prepare and deliver a revised Statement to Customer. Any amount owing to either The City or Customer, as applicable, as a result of that revised Statement shall be payable within twenty (20) Business Days of the revised Statement being issued. If a Statement dispute has not been resolved between the Parties within ten (10) Business Days after receipt of written notice delivered by Xxxxxxxx, the dispute may be submitted by either Party to be resolved by the Dispute Resolution Procedure.
Disputed Statements. In the event of disagreement concerning any statement, Customer or FLNG (as the case may be) shall make provisional payment of the total amount thereof and shall immediately notify the other Party of the reasons for such disagreement, except that in the case of an obvious error in computation, Customer or FLNG (as the case may be) shall pay the correct amount disregarding such error. Statements may be contested by Customer or FLNG (as the case may be) only if, within a period of ninety (90) days after a Party's receipt thereof, Customer or FLNG (as the case may be) serves on the other Party notice questioning their correctness. If no such notice is served, statements shall be deemed correct and accepted by both parties. Promptly after resolution of any Dispute as to a statement, the amount of any overpayment or underpayment (plus interest as provided in Section 12.4(c)) shall be paid by FLNG or Customer to the other, as the case may be.
Disputed Statements. 17 8.4 Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.5 Overdue Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.6 Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8.7 INDEMNITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Disputed Statements. B-2.1 If Shipper should dispute the amount of any statement delivered under this Agreement, then on or before the disputed statement’s due date Shipper shall notify Transporter of the dispute and provide documentation identifying the basis for the dispute. In addition, Xxxxxxx shall pay by the statement’s due date the full amount of all uncontested charges on the statement. B-2.3 Except for statements properly disputed under Section B-2.1, Xxxxxxx’s failure to pay the full amount of any statement when due shall be deemed a default under this Agreement. Upon such default, Transporter may terminate this Agreement by providing thirty (30) days’ notice of termination to Shipper and FERC. However, Shipper may avoid such termination by paying the full amount due together with interest at the rate set forth in Section B-2.2 within the thirty (30) day notice period. If this Agreement is terminated pursuant to this Section B-2.3, then Transporter may immediately cease providing service to Shipper and obtain recovery for Shipper’s default through Articles B-III and B-IV of this Agreement.
