Common use of Payment Dispute Resolution Clause in Contracts

Payment Dispute Resolution. If Service Recipient or Subsidiary of Service Recipient disputes pursuant to Section 3.3(a) any amount reflected in a Settlement Statement or Local Statement (if applicable), Service Recipient or relevant Subsidiary of Service Recipient must deliver to Service Provider and relevant Subsidiary of Service Provider as listed in Appendix B an Objection Notice no later than thirty (30) days after receiving such Settlement Statement or Local Statement. Subject to Service Provider’s audit rights herein and in any other Transaction Document, if Service Recipient or Subsidiary of Service Recipient does not deliver to Service Provider and relevant Subsidiary of Service Provider an Objection Notice during such thirty (30) day period (or if any Objection Notice timely delivered to Service Provider and relevant Subsidiary of Service Provider does not dispute one or more such Third Party Charges set forth in the applicable Settlement Statement or Local Statement), Service Recipient and relevant Subsidiary of Service Recipient shall be deemed to have accepted such Settlement Statement or Local Statement (or the undisputed charges therein) and no dispute with respect to such Settlement Statement or Local Statement (or such undisputed charges) may thereafter be commenced. Within ten (10) days of Service Provider’s and relevant Subsidiary of Service Provider’s receipt of such Objection Notice, the TSA Contacts shall discuss in good faith a resolution of such Dispute. If, following such discussions, the TSA Contacts have not resolved such Dispute, then within ten (10) days after such discussions, the TSA Contacts shall discuss again, by telephone or in person, and members of senior management with authority to resolve such Dispute of each of Service Provider and Service Recipient shall attend and participate in such discussion. If such Dispute remains unresolved following such meeting of TSA Contacts and senior management personnel, such Dispute shall be resolved pursuant to Section 6.10 (provided, that, the Negotiation Period shall be deemed to have run). Any disputed amount under this Section 3.3(c) shall be paid within ten (10) days after the dispute has been finally resolved.

Payment Dispute Resolution. i. If Service Recipient a Covered Child Care Provider is unable to resolve a dispute with a social services district regarding the misapplication of, or Subsidiary non-compliance with, regulatory requirements regarding the direct payment by the social services district to a Covered Child Care Provider for the provision of Service Recipient disputes pursuant child care services to Section 3.3(aa child receiving subsidized child care services, other than a dispute regarding the eligibility of the child to receive a child care subsidy, and the difference in the amount of payment in dispute is greater than $300 and after: (i) any amount reflected submitting all of the information required by the social services district, (ii) exhausting all procedures available at the district other than bringing a lawsuit against the district, and (iii) the review and concurrence by the Union that the dispute is one that fits within the criteria in this subdivision for bringing a Settlement Statement or Local Statement (dispute forward to OCFS’ Deputy Commissioner for the Division of Child Care Services, the Covered Child Care Provider may submit to OCFS’ Division of Child Care Services, in writing, documentation of the payment issue in dispute and the steps taken to resolve the dispute with the social services district. OCFS will review the written information and, if applicable)OCFS determines that it is appropriate, Service Recipient or relevant Subsidiary OCFS will contact the applicable social services district to discuss the Covered Child Care Provider’s dispute in an attempt to resolve the matter. However, the parties recognize that the final resolution of Service Recipient must deliver to Service the matter is between the Covered Child Care Provider and relevant Subsidiary of Service Provider as listed in Appendix B an Objection Notice no later than thirty (30) days the social services district. ii. If after receiving such Settlement Statement or Local Statement. Subject to Service Provider’s audit rights herein and in any other Transaction Document, if Service Recipient or Subsidiary of Service Recipient does not deliver to Service Provider and relevant Subsidiary of Service Provider an Objection Notice during such thirty (30) day period (or if any Objection Notice timely delivered to Service Provider and relevant Subsidiary of Service Provider does not exercising the payment dispute one or more such Third Party Charges resolution procedures set forth in subparagraph i. of this paragraph, the Union still believes that a social services district has misinterpreted or misapplied any federal or State law or regulation relating to the payment of multiple Covered Child Care Providers in the district other than a dispute regarding the eligibility of children to receive child care subsidies and the Union has been unable to resolve the matter with the district after exhausting all procedures available at the district other than bringing a lawsuit against the district, the Union may submit to OCFS’ Division of Child Care Services, in writing, documentation of the payment issue in dispute and the steps taken to resolve the dispute with the social services district. OCFS will review the written information and, if OCFS determines that it is appropriate, OCFS will contact the applicable Settlement Statement social services district to discuss the dispute in an attempt to resolve the matter. If OCFS is unable to resolve the matter through discussions with the applicable social services district and OCFS determines that the matter is sufficiently problematic that further action on the part of OCFS is warranted, OCFS will exercise its powers under sections 20 and 34 of the Social Services Law to attempt to compel the district to comply with the applicable law or Local Statement), Service Recipient and relevant Subsidiary of Service Recipient regulation. Nothing in this section shall be deemed to take away any of the rights Covered Child Care Providers have accepted such Settlement Statement or Local Statement (or available under the undisputed charges therein) and no dispute with respect to such Settlement Statement or Local Statement (or such undisputed charges) may thereafter be commenced. Within ten (10) days of Service Provider’s and relevant Subsidiary of Service Provider’s receipt of such Objection Notice, the TSA Contacts shall discuss in good faith a resolution of such Dispute. If, following such discussions, the TSA Contacts have not resolved such Dispute, then within ten (10) days after such discussions, the TSA Contacts shall discuss again, by telephone or in person, and members of senior management with authority to resolve such Dispute of each of Service Provider and Service Recipient shall attend and participate in such discussion. If such Dispute remains unresolved following such meeting of TSA Contacts and senior management personnel, such Dispute shall be resolved pursuant to Section 6.10 (provided, that, the Negotiation Period shall be deemed to have run). Any disputed amount under this Section 3.3(c) shall be paid within ten (10) days after the dispute has been finally resolvedlaw.