Examples of Allocable Costs in a sentence
In letters in February 2015 and April 2017, Avient again contested that costs it was paying were Allocable Costs and reserved its right to reallocate those costs in arbitration pursuant to the 2007 Settlement Agreement.
For example, even when Avient was allocated 100 percent of the Allocable Costs in the 2019 Final Award, it did not “roll the dice” on a Section 6 proceeding, and it elected for FAA confirmation instead.
If no party files arbitration to re-allocate Allocable Costs incurred and paid during the applicable five-year window, then any claim to re-allocate those costs is barredpursuant to Section 5.3. Id. at 7.
Avient mostly complied with its obligation to pay Westlake 100% of the Allocable Costs subject to arbitration.
Id. § 4.1. Thus, Section 4.1 prohibits the re-litigation of issues and events that have already been substantively decided in a prior arbitration.The parties did include a separate provision of the 2007 Settlement Agreement— Section 6—that permitted a party to file a “judicial proceeding” after an arbitration to obtain “a de novo determination” of the allocation of Allocable Costs.