Bona Fide Dispute Sample Clauses
A Bona Fide Dispute clause defines circumstances where a genuine disagreement exists between parties regarding the validity or amount of a claim or obligation. In practice, this clause typically applies to situations such as payment disputes, where one party contests the amount owed or the quality of goods or services delivered. Its core function is to protect parties from being unfairly penalized or subject to enforcement actions while a legitimate dispute is being resolved, ensuring that only uncontested claims are subject to immediate remedies.
POPULAR SAMPLE Copied 14 times
Bona Fide Dispute. Notwithstanding the provisions of section 20.02, neither Owner nor Operator shall be entitled to take any of the actions contemplated in section 20.02, save and except for the commencement of any legal proceedings (in which case the provisions of sections 24.09 and 24.10 regarding jurisdiction and service of process shall govern) seeking such mandatory, declaratory or injunctive relief as may be necessary to define or protect the rights and enforce the obligations contained in this Agreement pending the resolution of a Dispute, if before the expiration of the 30 day notice period referred to in section 20.02, notice of a Dispute has been delivered in accordance with section 21.02
(a) with respect to any of the foregoing events of default, and the procedures set forth in sections 21.02(b) and (c) are being pursued in good faith (except that for this purpose under section 21.02(b), the requirement of a 30 day negotiation period under section 21.02(a) shall be inapplicable and the period within which to appoint an expert under section 21.02(b) shall commence on the date of delivery of notice of a Dispute).
Bona Fide Dispute. When a bona fide dispute arises, all remedies and recourses provided by this Agreement shall be exhausted, or an arbitrator shall rule in favour of the Director, in whole or in part, prior to any disbursement from the security.
Bona Fide Dispute. The Parties agree this Settlement Agreement is a bona fide resolution of disputed claims. Nothing in this Settlement Agreement is a concession that Releasees violated any law.
Bona Fide Dispute. In the event of any bona fide dispute as to liability for taxes assessed or other indebtedness, Franchisee or the Principal Shareholders may contest the validity or the amount of the tax or indebtedness in accordance with procedures of the taxing authority or applicable law; however, in no event shall Franchisee or the Principal Shareholders permit a tax sale or seizure by levy of execution or similar writ or warrant, or attachment by a creditor, to occur against the Premises, the Restaurant or any improvements thereon.
Bona Fide Dispute. If, following receipt of an invoice, Service Recipient notifies Service Provider in writing of a bona fide dispute concerning the Services Fees or Disbursements payable under such invoice (indicating in such notice the basis for its dispute), Service Recipient shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution between the respective senior executive of each Party within thirty (30) days such notice. If, following the expiry of such thirty–day (30) period, the disagreement has not been resolved, such matter shall be resolved in accordance with Clause 21.1. The Parties’ respective obligations under this Agreement shall in no way be affected by any bona fide dispute in relation to the Services Fees or Disbursements or payment of them.
Bona Fide Dispute. Notwithstanding the provisions of section 16.02, neither Circus nor Four Seasons shall be entitled to take any of the actions contemplated in section 16.02, save and except for the commencement of any legal proceedings (in which case the provisions of sections 20.08 and 20.09 regarding jurisdiction and service of process shall govern) seeking such mandatory, declaratory or injunctive relief as may be necessary to define or protect the rights and enforce the obligations contained in this Agreement pending the resolution of a Dispute, if before the expiration of the 30 day notice period referred to in section 16.02, notice of a Dispute has been delivered in accordance with section 17.02(a) with respect to any of the foregoing events of default and the procedures set forth in section 17.02(b) and (c) are being pursued in good faith (except that for this purpose under section 17.02(b), the requirement of a 30 day negotiation period under section 17.02(a) shall be inapplicable and the period within which to appoint an expert under section 17.02(b) shall commence on the date of delivery of notice of a Dispute); provided that neither Circus nor Four Seasons shall commence any such legal proceedings seeking to enjoin the development and construction of the Hotel.
Bona Fide Dispute. This Agreement is in settlement of disputed claims. The Parties agree that there is a bona fide dispute as to whether Plaintiff could prevail on the merits of his claims in the Action and that the amount being paid to Plaintiff, as set forth herein, is a fair and reasonable resolution to this bona fide dispute.
Bona Fide Dispute. 38 16.05 Four Seasons' Right to Terminate . . . . . . . . . . . . . 39 16.06 Cross-Termination . . . . . . . . . . . . . . . . . . . . . 40 16.07