Financial Penalties and Unavailability Penalties Sample Clauses

Financial Penalties and Unavailability Penalties. 5.4.3.1. To be admissible, any dispute relating to all or part of the amount of the Financial Penalties or Unavailability Penalties arising from the pre-delivery or delivery activity reports referred to respectively in paragraphs 5.3.1 and 5.3.2 must comply with the rules of sections 8.4.4.2 and 9.6.3 of the Functioning Rules. 5.4.3.2. In the event of a partial or full agreement between the Parties, during the first period of sixty (60) Working Days as specified in sections 8.4.4.2 and 9.6.3 respectively of the Functioning Rules, on the amount of the Financial Penalties or the Unavailability Penalties resulting respectively from the pre-delivery / delivery activity reports, the new uncontested amount, being the subject of the agreement, is then the subject of a credit note, to be issued by the CAPACITY PROVIDER in accordance with Article 6. 5.4.3.3. In accordance with sections 8.4.4.2 and 9.6.3 of the Functioning Rules, in the absence of partial or full agreement between the Parties on the amount of the Financial Penalties or of the Unavailability Penalties arising from the reports on the pre-delivery/delivery activities within the first period of sixty (60) Working Days referred to in sections 8.4.4.2 and 9.6.3 of the Functioning Rules, for the disputed amount or the disputed part of the amount of the penalties a separate credit note is drawn up in accordance with Article 6. 5.4.3.4. In the event of an amicable agreement between the Parties during the second period of sixty (60) Working Days as specified in sections 8.4.4.2 and 9.6.3 respectively of the Functioning Rules, such agreement shall result, as the case may be, in a corrective invoice relating to the amount which had been the subject of the separate credit note, in accordance with Article 6. 5.4.3.5. If no amicable agreement is reached after the second period of sixty (60) Working Days, the Parties may start the dispute procedure mentioned in Article 15.