Pricing Disputes. If a dispute arises between you and us in relation to a Fee adjustment under clause 4(a), the parties must discuss in good faith to resolve to the dispute. In the event that the parties are not able to agree a resolution within 30 days of you notifying us of the dispute in accordance with clause 4(a) (the Resolution Date), you may terminate this Agreement, with such termination taking effect 90 days after the Resolution Date. The Break Fee will be payable by you in the event the Agreement is terminated under this clause 25.
Pricing Disputes. If Carrier alleges underpayment of applicable freight rates and charges by Broker, or if Broker alleges overcharges, overcollection or receipt of duplicate payments by Carrier, notice of such claims must be given in writing by the aggrieved Party to the other Party within one hundred eighty (180) days after delivery or the first attempted delivery of the involved shipment(s) by Carrier. The Party receiving any such claim shall process it in accordance with the provisions codified at 49 C.F.R. Part 378 as of the Effective Date of this Agreement. Any civil action or arbitration proceeding with respect to such a claim shall be filed within eighteen (18) months after delivery or the first attempted delivery of the involved shipment(s) by Carrier.
Pricing Disputes. Any and all disputes related to pricing pursuant to Section 3.2(b), or pricing or delivery location of newly acquired leases, fields or interests in Sales Volumes pursuant to Section 2.1(d) or 2.1(e), or the pipeline price pursuant to Section 11.22, of this Agreement shall be finally settled by arbitration pursuant to this Section 10.1:
Pricing Disputes. If a dispute arises between you and us in relation to a Fee adjustment under clause 4(a), the parties must discuss in good faith to resolve to the dispute. In the event that the parties are not able to agree a resolution within 30 days of you notifying us of the dispute in accordance with clause 4(a) (the Resolution Date), you may terminate this Agreement, with such termination taking effect 90 days after the Resolution Date. The Break Fee will be payable by you in the event the Agreement is terminated under this clause 25. Additional Conditions ◢ Normal Working Hours are Monday to Friday 0700 – 1530 (excluding public holidays). ◢ All work outside Normal Working Hours including weekends and public holidays will be charged at penalty rates ◢ Client is to provide unimpeded access to work area. Stoppages, delays and extras not directly related to Cleanaway Industrial Services will incur hourly rate charges ◢ All stated quantities are estimated and will be confirmed upon completion of job ◢ Charges are based on depot to depot ◢ A minimum of four (4) hours onsite (including travel) will apply ◢ A minimum of eight (8) hours onsite (including travel) will apply (what is night shift) ◢ Cancellation policy is to be standardised – WA = 12 hours prior, NSW = midday prior to day of service. ◢ This quotation is valid for thirty (30) days and excludes GST. ◢ Payment terms are strictly thirty (30) days from the date of invoice. ◢ Cleanaway relies on the information provided by generators and customers to determine pricing, classification and acceptability. Information provided to Cleanaway regarding waste streams presented for pricing and/or disposal must be correct, free from omission and be an accurate description of the sample and/or waste stream that generates the waste. ◢ Packages must be ready and safe for transport in accordance with the Australian Dangerous Goods Code. ◢ This proposal is based on the sample or confirmation upon receipt of the first load. ◢ This proposal/quotation is subject to the waste collected being consistent with the volume and waste information and/or samples that you have provided. ◢ Cleanaway will provide full and complete documentation and Environmental Protection Authority waste tracking records to support a clear and transparent understanding of the treatment and disposal routes for the hazardous waste materials removed from your site.
Pricing Disputes. All disputes arising out of or in connection with the determination of the Price for Gas sold hereunder shall be referred to and finally resolved in a manner which shall be final and binding on the Parties hereto, by an arbitration pursuant to the principles outlined herein and subject to the criteria set forth in section 6.05 and pursuant to the International Commercial Arbitration Act, of the Province of Alberta, except to the extent that the provisions of such Act are contrary to the principles outlined herein.
Pricing Disputes. If Co-Broker alleges underpayment of applicable freight rates and charges by Broker, or if Broker alleges overcharges, over-collection or receipt of duplicate payments by Co-Broker, notice of such claims must be given, in writing, by the aggrieved Party to the other Party within one hundred eighty (180) days after delivery or the first attempted delivery of the involved shipment(s) by Co-Broker. The Party receiving any such claim shall process it in accordance with the provisions codified at 49 C.F.R. Part 378 as of the Effective Date. The parties shall make a good faith effort to resolve, prior to resorting to any civil action or arbitration proceeding, any dispute hereunder. Any civil action or arbitration proceeding with respect to such a claim shall be filed within eighteen (18) months after delivery or the first attempted delivery of the involved shipment(s) by Co-Broker.
Pricing Disputes. In the event the parties cannot agree upon pricing as described in Section 6.1, either party may, upon written notice to the other, submit such dispute to the Chief Executive Officer of Komag; and the Chief Executive Officer of WDC, or their respective designees, who shall meet to attempt to resolve the dispute by good faith negotiations. In the event the parties are unable to come to agreement upon Prices within 5 Days after such notice is given, either party may proceed with arbitration as follows. The parties will submit the matter of pricing to binding arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Each party shall appoint one arbitrator, and the two arbitrators thus appointed will appoint a third arbitrator. The parties shall instruct the arbitrators to make a determination of pricing using the standards set forth in Section 6.1, but in no event outside of the range of the "bid" and "asked" prices established by the respective positions of the parties in the last good faith negotiations prior to referral to arbitration. The parties shall also instruct them to come to a decision within 20 Days after submission of the dispute to arbitration. During the pendency of such arbitration, the Prices in effect immediately before the arbitration shall remain in effect. If a price change is awarded, the party, if any, which owes a balance shall pay such balance; and in the event such party fails to pay such balance within ten Days after the date of the award, interest will accrue beginning ten Days after the date of the award, at the maximum rate permitted by law in California. Each party shall bear its own arbitration costs and expenses; provided, however, that the arbitrators may modify the allocation of fees, costs and expenses in the award in those cases where fairness dictates other than each party bearing its own fees, costs and expenses. The award shall be final and binding on the parties, and judgment on the award may be entered in and enforced by any court of competent jurisdiction. ----------------------------------------------- "[***]" INDICATES REDACTED INFORMATION FOR WHICH CONFIDENTIAL TREATMENT IS REQUESTED -----------------------------------------------
Pricing Disputes. If Carrier alleges underpayment of applicable freight rates and charges by CMM, or if CMM alleges overcharges, overcollection or receipt of duplicate payments by Carrier, notice of any such claim by one party to the other must be given in writing within one hundred eighty (180) days after delivery or the first attempted delivery by Carrier of the shipment(s) relating to such overcharges/underpayment. The Party receiving any such over or undercharge claim, as the case may be, shall process it in accordance with 49 C.F.R. Part 378 as of the Effective Date of this Agreement. Any civil action or arbitration proceeding with respect to such a claim shall be filed within eighteen (18) months after delivery or the first attempted delivery of the involved shipment(s) by Xxxxxxx.
Pricing Disputes. 6.2.1 In the event the parties cannot agree upon pricing as described in Section 6.1.2 or Section 6.1.3, either party may, upon written notice to the other, submit such dispute to the Chief Executive Officer of Komag and the Chief Operating Officer of WDC, or their respective designees, who shall meet to attempt to resolve the dispute by good faith negotiations. In the event the parties are unable to come to agreement upon Prices within five (5) Days after such notice is given, either party may proceed with arbitration as follows. The parties will submit the matter of pricing to binding arbitration in San Francisco, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Each party shall appoint one arbitrator, and PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. the two arbitrators thus appointed will appoint a third arbitrator. The parties shall instruct the arbitrators to make a determination of pricing using the standards set forth in Section 6.1, but in no event outside of the range of the “bid” and “asked” prices established by the respective positions of the parties in the last good faith negotiations prior to referral to arbitration. The parties shall also instruct them to come to a decision within fifteen (15) Days after submission of the dispute to arbitration. During the pendency of such arbitration, the Prices in the Purchase Order for the Fiscal Quarter before the arbitration shall remain in effect, and WDC shall issue, and Komag shall accept, the Purchase Order for the applicable Fiscal Quarter with such price (it being understood that such prices will be adjusted retroactively if required in accordance with the resolution of the pricing dispute). If a price change is awarded, the party, if any, which owes a balance shall pay such balance; and in the event such party fails to pay such balance within ten (10) Days after the date of the award, interest will accrue beginning ten (10) Days after the date of the award, at the maximum rate permitted by law in California. Each party shall bear its own arbitration costs and expenses; provided, however, that the arbitrators may modify the allocation of fees, costs and expenses in the award in those cases where fairness dictates other than each party bearing its own fees, costs and expenses. The award shall be final and binding on the p...
Pricing Disputes. Client Collectors should forward a copy of the aged accounts receivable balance along with a print out of the notes on the account or paper file to the Sales Manager for clients who notify the department (either verbally or through written correspondence) regarding a pricing dispute on their account.
