Operational Dispute definition

Operational Dispute has the meaning set forth in Section 14.2.2. 5
Operational Dispute. “ Defined An “Operational Dispute” is a claim for which the amount in dispute is less than five million dollars ($5,000,000) which relates, in any way, to the operation of the tow boats, barges, UBT Terminal and the vessels in any Service Segment and the record keeping, invoicing, paying and insuring of those services and activities. Without limiting the generality of the foregoing, the following claims are to be considered Operational Disputes: a claim for demurrage or despatch, a claim for breach of a safe berth or port warranty, a claim involving cargo loss or damage, including what constitutes permissible shrinkage, a claim that a Rate adjustment is mis-stated and a claim for one or more Shortfall Payments and a claim arising out of Section 6.4. Tampa Electric and United intend that the term “Operational Dispute” be defined expansively so that disputes, if any, will be resolved, for the most part, before arbitrators in accordance with this Section 14. 14.2.3
Operational Dispute means a dispute between the Parties to an SDA, or between any such Party and any other municipal entity of the City, which arises out of the provisions of such SDA or anything done, provided or procured pursuant thereto;

Examples of Operational Dispute in a sentence

  • For the resolution of an Operational Dispute, as defined below, the matter in dispute shall be referred to three persons at New York, one to be appointed by Tampa Electric and the other to be appointed by United and the third by the two so chosen.

  • Should the Parties fail to reach agreement as to the amendments to be effected to this Agreement within 6 (six) months of receipt of the notification from JM, the matter shall be resolved as an Operational Dispute.

  • If the Parties fail to agree on the requisite changes required to JM’s Budget within [30 (thirty) days] of commencement of negotiations, such dispute shall be referred for dispute resolution as an Operational Dispute.

  • Following the service of a Dispute Notice, the Parties shall use reasonable endeavours to resolve the Operational Dispute, including through a face to face meeting or telephone conference call between the relevant representatives of the relevant Parties, within twenty (20) Business Days from and including the date that Dispute Notice is received by the parties (or such longer period as may be agreed in writing between the parties).

  • The Expert shall determine the Operational Dispute [which may include any issue involving the interpretation of any provision of this Agreement, their jurisdiction to determine the matters and issues referred to them and/or their terms of reference].