Common use of PAY AND DISPUTE Clause in Contracts

PAY AND DISPUTE. Except as provided herein or in any Ancillary Agreement, in the event of any Dispute regarding which party is responsible for payment of a third-party invoice (subject to standard verification of receipt of products or services) relating to Services provided hereunder or under any transition Service Schedule, the party named in such invoice must make timely payment to such third party, even if the party named in the invoice desires to pursue the dispute resolution procedures outlined in this Article 12. If the party that paid the invoice is found pursuant to this Article 12 to not be responsible for such payment, such paying party shall be entitled to reimbursement, with interest accrued at a compound annual rate of the Prime Rate plus 2%, from the party found responsible for such payment. Such reimbursement shall be paid within thirty (30) days after the party that paid the invoice gives written notice to the party found responsible for payment of such invoice.

Appears in 4 contracts

Samples: Master Transitional Services Agreement (Roxio Inc), Master Transitional Services Agreement (Adaptec Inc), Master Transitional Services Agreement (Roxio Inc)

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PAY AND DISPUTE. Except as provided herein or in any Ancillary Agreementherein, in the event of any Dispute dispute regarding which party is responsible for payment of a third-party invoice (subject to standard verification of receipt of products or services) relating to Services provided hereunder or under any transition Transition Service Schedule, the party named in such invoice must make timely payment to such third party, even if the party named in the invoice desires to pursue the dispute resolution procedures outlined in this Article ARTICLE 12. If the party that paid the invoice is found pursuant to this Article ARTICLE 12 to not be responsible for such payment, such paying party shall be entitled to reimbursement, with interest accrued at a compound compounded annual rate of the Prime Rate plus 2%, from the party found responsible for such payment. Such reimbursement shall be paid within thirty (30) 15 days after the party parties agree or it is otherwise determined under this ARTICLE 12 that paid the invoice gives written notice to the party found responsible for payment of such invoicereimbursement is appropriate.

Appears in 2 contracts

Samples: Transitional Services Agreement (Catapult Communications Corp), Transitional Services Agreement (Tekelec)

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PAY AND DISPUTE. Except as provided herein or in any Ancillary Agreement, in the event of any Dispute regarding which party is responsible for payment of a third-party invoice (subject to standard verification of receipt of products or services) relating to Services provided hereunder or under any transition Service Schedule, the party named in such invoice must make timely payment to such third party, even if the party named in the invoice desires to pursue the dispute resolution procedures outlined in this Article 12. If the party that paid the invoice is found pursuant to this Article 12 to not be responsible for such payment, such paying party shall be entitled to reimbursement, with interest accrued at a compound annual rate of the Prime Rate plus 2%, from the party found responsible for such payment. Such reimbursement shall be paid within thirty (30) days after the party that paid the invoice gives written notice to the party found responsible for payment of such invoice.. 12.4

Appears in 1 contract

Samples: Master Transitional Services Agreement

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