Common use of Disputes With Respect to Default Damages or Termination Payment Clause in Contracts

Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e) shall be subject to the dispute resolution procedures in Article 10; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances to the Non- Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 18 contracts

Samples: Master Standard Service, Master Pipp Supply Agreement, Master Pipp Supply Agreement

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Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e7.3(e) shall be subject to the dispute resolution procedures in Article 1011; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances Performance Assurance to the Non- Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 16 contracts

Samples: Supply Agreement, Master Pipp Supply Agreement, Master Pipp Supply Agreement

Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e7.3(e) shall be subject to the dispute resolution procedures in Article 1011; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances Performance Assurance to the Non- Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 10 contracts

Samples: Supply Agreement, Master Pipp Supply Agreement, Master Sso Supply Agreement

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Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 5.3(e) shall be subject to the dispute resolution procedures in Article 10; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide commercially reasonable financial assurances to the Non- Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 6 contracts

Samples: Master Sso Supply Agreement, Master Sso Supply Agreement, Master Sso Supply Agreement

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