Common use of Fee Dispute Clause in Contracts

Fee Dispute. With regard to any Fees that EMW disputes in good faith, EMW may withhold payment of an amount of such disputed Fees equal to no more than 10% of the monthly Designated Fees. If the amount in dispute exceeds such withheld amount, EMW may pay into an interest bearing escrow account an additional amount of the disputed Fees equal to no more than 10% of the monthly Designated Fees. In no event shall the total amount withheld and escrowed exceed 20% of the last six months of Designated Fees. EMW shall pay to IBM, under protest, all disputed amounts in excess of these limits. If the Parties are not able to resolve the dispute informally within 30 days, they will follow the Dispute Resolution Process. IBM Confidential May 12, 2000 Page 28 of 52 EMW Confidential Agreement