Common use of Billing and Payment; Disputed Amounts Clause in Contracts

Billing and Payment; Disputed Amounts. 28.8.1 Except as may otherwise be provided in this Agreement, each Party shall submit on a monthly basis an itemized statement of charges incurred by the other Party during the preceding month(s) for services, facilities or arrangements provided hereunder. Payment of amounts billed under this Agreement, whether billed on a monthly basis or as otherwise provided herein, shall be due, in immediately available U.S. funds, on the later of (a) thirty (30) days following the date of such statement, or (b) twenty (20) days from the date of receipt of such statement. 28.8.2 Although it is the intent of both Parties to submit timely and accurate statements of charges, failure by either Party to present statements to the other Party in a timely manner shall not constitute a breach or default, or a waiver of the right to payment of the incurred charges, by the billing Party under this Agreement, and the billed Party shall not be entitled to dispute the billing Party’s statement(s) based on such Party’s failure to submit them in a timely fashion. 28.8.3 If any portion of an amount due to a Party (the “Billing Party”) under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-Paying Party”) shall within sixty (60) days of its receipt of the invoice containing such disputed amount give notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party and (ii) all Disputed Amounts into an interest bearing escrow account with a third party escrow agent mutually agreed upon by the Parties.

Billing and Payment; Disputed Amounts. 28.8.1 Except as may otherwise be provided in this Agreement, 14.8.1 HTC and ACC OF KENTUCKY shall invoice each Party shall submit other on a monthly basis an itemized statement of charges incurred by the other Party during the preceding month(s) for services, facilities or arrangements provided hereunderbasis. Payment of amounts billed under this Agreement, whether billed on a monthly basis or as otherwise provided herein, Both HTC and ACC OF KENTUCKY shall be duepay any invoice, in immediately available U.S. funds, on the later of (a) thirty within (30) days following the date of such statement, or (b) twenty (20) days from the date of receipt the invoice. There shall be no netting of such statementthe amounts due hereunder against any other amount owed by either Party to the other Party. 28.8.2 14.8.2 Although it is the intent of both Parties to submit timely and accurate statements of charges, failure by either Party to present statements to the other Party in a timely manner shall not constitute a breach or default, or a waiver of the right to payment of the incurred charges, by the billing Party under this Agreement, and the billed Party shall not be entitled to dispute the billing Party’s 's statement(s) based on such Party’s 's failure to submit them in a timely fashion. 28.8.3 14.8.3 If any portion of an amount due to a Party (the “"Billing Party”") under this Agreement is subject to a bona fide dispute between the Parties, the Party billed (the “Non-"Non- Paying Party”") shall within sixty thirty (6030) days of its receipt of the invoice containing such disputed amount give notice to the Billing Party of the amounts amount it disputes (“"Disputed Amounts”Amount") and include in such notice the specific details and reasons for disputing each item. The Non-Paying Party shall pay when due (i) all undisputed amounts to the Billing Party and (ii) all Party. 14.8.4 If the Parties are unable to resolve the issues related to the Disputed Amounts into an interest bearing escrow account in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, then either Party may file a complaint with a third party escrow agent mutually agreed upon by the PartiesCommission to resolve such issues or proceed with any other remedy pursuant to law or equity.