Disputed Fact definition
Examples of Disputed Fact in a sentence
The conclusion of the third party expert with respect to the Disputed Fact shall be in writing and shall be final and binding on the Committee and the parties.
The conclusion of a majority of the third party experts with respect to the Disputed Fact shall be in writing and shall be final and binding on the Committee and the parties.
If a single third party expert is agreed upon within such period, such expert shall have a period of no more than thirty (30) days following his or her appointment during which to reach a conclusion with respect to the Disputed Fact.
The Leaders shall use their good faith commercially reasonable efforts to agree upon a single third party expert to resolve the Disputed Fact within fifteen (15) days of such written request.
In the event of a deadlock with respect to any factual or scientific matter (a “Disputed Fact”) within any committee formed by the Committee, including the R&D Committee, or any Disputed Issue the committee shall take such Disputed Fact or Disputed Issue to the Committee for resolution.
The Committee shall have the authority to modify such Schedule from time to time in its discretion and otherwise shall be the arbiter of whether changes other than those described on Schedule 4.6(a) constitute major changes or minor changes for purposes of this Section 4.6. Any deadlock within the Committee will be resolved in accordance with Section 8.6 as a Disputed Fact.
If the Committee fails to accept or to reach agreement on final Refined Biomass Specifications within such thirty (30) day period, the disagreement will be deemed to be a Disputed Fact and will be resolved according to the provisions set forth in Section 8.6(a).
Any disagreement between the parties as to whether an improvement, enhancement, innovation, process or technique is in fact a “DSM Improvement” or a “Martek Improvement” shall be a Disputed Fact and shall be resolved pursuant to the provisions of Section 8.6. “Improvements” shall mean the “DSM Improvements” and the “Martek Improvements,” collectively, and “Improvement” shall mean any particular DSM Improvement or Martek Improvement, as required by the context.
Any disagreement between the parties relating to the determination of Additional Capital Asset(s) or Approved Capital Asset(s) will be deemed to be a Disputed Fact and will be resolved according to the provisions set forth in Section 8.6.