Resolution of Disputed Claims. Disputed claims between CPC and Licensee, for which prompt written notice has been given followed by adequate supporting data within a reasonable time, shall be settled by an informal conference to meet and confer for settlement of the issues in dispute. The Licensee agrees that CPC shall have ultimate authority to determine final resolution.
Resolution of Disputed Claims. The Liquidation Manager shall be authorized to settle, compromise, litigate or otherwise resolve Disputed Claims pursuant to the terms of the Amended Plan.
Resolution of Disputed Claims. Upon a failure to reach an agreement with respect to a Disputed [**] Claim between the parties pursuant to Section 13.4, either party may, by written notice to the other, demand arbitration of the matter unless the amount of the damages is at issue in pending litigation with a third party, in which event arbitration shall not be commenced until such amount is ascertained or both parties agree to arbitration; and in either such event the matter shall be settled by arbitration conducted by one arbitrator. Parent and eUniverse shall agree on the arbitrator, provided that if Parent and eUniverse cannot agree on such arbitrator, either Parent or eUniverse can request that JAMS select the arbitrator. The arbitrator shall set a limited time period and establish procedures designed to reduce the cost and time for discovery while allowing the parties an opportunity, adequate in the sole judgment of the arbitrator, to discover relevant information from the opposing parties about the subject matter of the dispute. The arbitrator shall Rule upon motions to compel or limit discovery and shall have the authority to impose sanctions, including attorneys’ fees and costs, to the same extent as a court of competent law or equity, should the arbitrator determine that discovery was sought without substantial justification or that discovery was refused or objected to without substantial justification. The decision of the arbitrator shall be written, shall be in accordance with applicable law and with this Agreement, including Parent’s [**] Right of Offset pursuant to Section 13.6, and shall be supported by written findings of fact and conclusion of law which shall set forth the basis for the decision of the arbitrator. The decision of the arbitrator as to the validity and amount of any [**] Indemnification Claim shall be binding and conclusive upon the parties to this Agreement, and notwithstanding anything in ARTICLE XIII hereof, the parties shall be entitled to act in accordance with such decision Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. Any such arbitration shall be held in Los Angeles County, California under the commercial rules then in effect of the American Arbitration Association. For purposes of this Section 13.5, in any arbitration hereunder in which any [**] Indemnification Claim or the amount thereof is at issue, the [**] Indemnitee shall be deemed to be the Non-Prevailing Party unless the arbitrators award...
Resolution of Disputed Claims. The Plan will provide customary procedures for the resolution of disputed Claims, including the ability (but not requirement) to establish a claims bar date pursuant to an order of the Bankruptcy Court. Once resolved, the claimants will receive distributions, if any, in accordance with the provisions of the Plan and the classification of their Allowed Claim. ANNEX A Certain Defined Terms
Resolution of Disputed Claims. 1. A Class Member or Defense Counsel may challenge the Settlement Administrator’s decision as to any Claim in writing within five business days of receipt of written notice of the Settlement Administrator’s decision.
Resolution of Disputed Claims. The parties agree that in the event any disputed claims not resolved by this Agreement arise in the future, and the parties are unable to amicably resolve same between themselves, either with or without the assistance of counsel, then said disputed claims shall be submitted to a mutually agreed upon qualified mediator for resolution. In the event the mediator's recommendation is rejected by either party, said disputed claims shall be submitted to a court of competent jurisdiction for resolution, or, if mutually agreed upon by the parties, to binding arbitration. Unless the parties can agree on one arbitrator, each party shall designate, upon written notice to the other party, an arbitrator of his/her choice and the two arbitrators so appointed shall select a third arbitrator. The panel of three arbitrators so constituted shall, after conducting a proper inquiry, render a decision on all disputed matters. The parties agree to share equally the costs of any mediation and/or arbitration proceeding engaged in pursuant to this article. The parties agree to observe and abide by the decision of the arbitration panel and further agree that the decision of the panel shall be reduced to and memorialized in a final decree, judgment or order of any court of competent jurisdiction wherein the parties may commence a legal separation and/or marital dissolution proceeding. The arbitrators and parties hereto shall abide by the rules and guidelines of the American Arbitration Association.
Resolution of Disputed Claims. Subject to any prior resolution in the manner described in Section 4.3 above, any unresolved dispute under this Agreement with respect to any matter that is the subject of an asserted claim against the Escrow Shares shall be submitted to and settled by binding arbitration in accordance with the Commercial Rules, existing at the date thereof, of the American Arbitration Association. The dispute shall be submitted by the Representative (on behalf of any Stockholders) or the Purchaser (on behalf of the Purchaser Indemnitees) to one arbitrator agreed to by the Representative and the Purchaser or, if the Representative and the Purchaser cannot agree on one arbitrator, then each shall select one arbitrator, and those two arbitrators shall select a third arbitrator. The arbitrators shall hear the dispute in Raleigh, North Carolina or another mutually agreeable location determined in good faith by the Representative and the Purchaser. Each arbitrator must be experienced in the subject matter in dispute.
Resolution of Disputed Claims. (a) All disputes arising out of or relating to (i) this Agreement or any notice or instrument delivered pursuant to the terms hereof, or the transactions contemplated hereby, or (ii) the validity, interpretation, breach, or violation or termination hereof (including disputes arising under this Section 3 (each a "Dispute"), shall be finally and solely determined and settled by a nationally recognized certified public accounting firm selected by mutual agreement of the Parties, which firm is not rendering (and during the preceding two-year period, has not rendered) services to any of the parties or their respective Affiliates (the "Arbitrating Accountant"). In connection with the resolution of any Dispute hereunder, the Arbitrating Accountant shall have access to all documents, records, work papers, facilities and personnel necessary to perform its function as arbitrator. The award of the Arbitrating Accountant shall be (1) the sole and exclusive remedy of the parties, (2) enforceable in any court of competent jurisdiction and (3) final and binding (absent manifest error) on the parties hereto. Amherst Southwest, on the one hand, and Allstar, on the other hand, shall each pay one-half of the fees and expenses of the Arbitrating Accountant with respect to any Dispute.
Resolution of Disputed Claims. Except insofar as a Claim is Allowed under the Plan, the Debtors or the Reorganized Debtors, as applicable, shall be entitled to object to the Claim. Any objections to Claims shall be served and filed on or before the 120th day after the Effective Date or by such later date as ordered by the Bankruptcy Court. Notwithstanding any authority to the contrary, an objection to a Claim shall be deemed properly served on the Holder thereof if service is effected in any of the following manners: (a) in accordance with Rule 4 of the Federal Rules of Civil Procedure, as modified and made applicable by Bankruptcy Rule 7004; or (b) by first class mail, postage prepaid, on any counsel that has appeared on the Holder’s behalf in the Chapter 11 Cases. The Debtors and the Reorganized Debtors shall be authorized to, and shall resolve all Disputed Claims or Interests by withdrawing or settling such objections thereto, with the consent of the Requisite Consenting Senior Secured Noteholders, which consent shall not be unreasonably withheld, or by litigating to Final Order in the Bankruptcy Court the validity, nature and/or amount thereof. All Claims not objected to by the end of such 120-day period shall be deemed Allowed unless such period is extended upon approval of the Bankruptcy Court. For the avoidance of doubt, except as otherwise provided in the Plan, from and after the Effective Date, each Reorganized Debtor shall have and retain any and all rights and defenses such Debtor had immediately prior to the Effective Date with respect to any Disputed Claim, including the Causes of Action retained pursuant to Section 4.14.
Resolution of Disputed Claims. In case Seller or the Members' Representative or Purchaser or Netopia shall object in writing to any claim or claims for Purchaser Damages or Seller Damages, Seller and the Members' Representative and Purchaser and Netopia shall attempt in good faith for twenty (20) days to agree upon the rights of the respective parties with respect to each of such claims. If the Seller and the Members' Representative and Purchaser and Netopia should so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties. If no such agreement can be reached after good faith negotiation, either Purchaser or Netopia or Seller or the Members' Representative may, by written notice to the other, demand arbitration of the matter unless the amount of the damage or loss is at issue in pending litigation with a third party, in which event arbitration shall not be commenced until such amount is ascertained or both parties agree to arbitration; and in either such event the matter shall be settled by arbitration in accordance with Section 10.16 herein.
