Common use of Dispute Resolution (for Billing Disputes only) Clause in Contracts

Dispute Resolution (for Billing Disputes only). 10.1 If the Requesting Operator bona fide disputes the whole or part of an invoice, the Requesting Operator must pay that portion of the invoiced amount which is not disputed. Overdue interest shall accrue in respect of the non-disputed portion if it is not paid by the invoice due date. The disputed portion is not payable by the Requesting Operator until the dispute is resolved (provided that the Requesting Operator complies with the terms set out in this section) and provided that resolution of the dispute determines that the Requesting Operator should pay the disputed amount. Without prejudice to the Agreement and for the avoidance of doubt, any matter relating to service levels and specifications does not constitute a subject matter for dispute under this clause 10 but shall constitute a subject matters for dispute under clause 16 of the Agreement. 10.2 If the Requesting Operator disputes an invoice, the Requesting Operator must notify the Providing Operator in writing specifying: (a) the invoice in dispute; (b) the amount in dispute; (c) reasons for dispute; and (d) supporting documentation as appropriate. 10.3 Notification of dispute must be delivered by hand or by post or by facsimile and must reach the Providing Operator within calendar days from the date of receipt of the invoice by the Requesting Operator. Any dispute raised after calendar days from date of receipt of the invoice by the Requesting Operator shall not be considered, and the invoice must be settled in full by the invoice due date.