Expert Dispute Resolution Sample Clauses

Expert Dispute Resolution. If SDC and Corning Buyer working together in good faith are unable to agree on such Disputed Working Capital Items contained in the Notice of Working Capital Disagreement within fifteen (15) days after Corning Buyer or SDC (as the case may be) receives the Notice of Working Capital Disagreement, then either SDC or Corning Buyer may refer such dispute to the Accounting Firm, which shall make a final and binding determination as to all Disputed Working Capital Items, and only as to such Disputed Working Capital Items, within thirty (30) days of such referral and shall promptly notify SDC and Corning Buyer in writing of its resolution. The Accounting Firm shall not have the power to modify or amend any term or provision of this Agreement. In resolving the Disputed Working Capital Items, the Accounting Firm shall only assign a value to any Disputed Working Capital Item that is at or between SDC’s valuation of such Disputed Working Capital Item and Corning Buyer’s valuation of such Disputed Working Capital Item. Each of SDC and Corning Buyer shall bear and pay one-half of the fees and other costs charged by such Accounting Firm and shall use commercially reasonable efforts to cooperate with the Accounting Firm and ensure that the Accounting Firm is able to resolve the Disputed Working Capital Items within thirty (30) days.
Sample 1Sample 2
AutoNDA by SimpleDocs
Expert Dispute Resolution. If SCP and SDC are unable to agree on the resolution to such Disputed Cost Items contained in the Notice of Cost Disagreement within forty-five (45) days after SCP receives the Notice of Cost Disagreement, then either SDC or SCP may refer such dispute to the Accounting Firm, which shall make a final and binding determination as to all Disputed Cost Items, and only as to such Disputed Cost Items, within seventy (70) days and shall promptly notify SDC and SCP in writing of its resolution. The Accounting Firm handling the dispute resolution shall not have the power to modify or amend any term or provision of this Agreement. In resolving the Disputed Cost Items, the Accounting Firm shall only assign a value to any Disputed Cost Item that is at or between SDC’s valuation of such Disputed Cost Item and SCP’s valuation of such Disputed Cost Item. Each of SDC and SCP shall bear and pay one-half of the fees and other costs charged by such Accounting Firm and shall use commercially reasonable efforts to cooperate with the Accounting Firm and ensure that the Accounting Firm is able to resolve the Disputed Cost Items within seventy (70) days.
Sample 1Sample 2
Expert Dispute Resolution. If SDC and Corning Buyer are unable to agree on the resolution to any Disputed Commercial Adjustment Items contained in a Notice of Commercial Adjustment Disagreement within forty-five (45) days after Corning Buyer receives the Notice of Commercial Adjustment Disagreement, then either SDC or Corning Buyer may refer such dispute to the Accounting Firm, which shall make a final and binding determination as to all Disputed Commercial Adjustment Items including without limitation the method of applying the Projection Adjustment Model to the Projection Adjustment Input Items, and only as to such Disputed Commercial Adjustment Items, within seventy (70) days of such referral and shall promptly notify SDC and Corning Buyer in writing of its resolution. The Accounting Firm handling the dispute resolution shall not have the power to modify or amend any term or provision of this Agreement. In resolving the Disputed Commercial Adjustment Items that are Projection Adjustment Input Items, the Accounting Firm shall only assign a value to any Disputed Commercial Adjustment Item that is at or between SDC’s valuation of such Disputed Commercial Adjustment Item and Corning Buyer’s valuation of such Disputed Commercial Adjustment Item. Each of SDC and Corning Buyer shall bear and pay one-half of the fees and other costs charged by such Accounting Firm and shall use commercially reasonable efforts to cooperate with the Accounting Firm and ensure that the Accounting Firm is able to resolve the Disputed Commercial Adjustment Items within seventy (70) days.
Sample 1Sample 2
Expert Dispute Resolution 
Sample 1

Related to Expert Dispute Resolution

  • I2 Dispute Resolution I2.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager.

Time is Money Join Law Insider Premium to draft better contracts faster.