DISPUTED COMPENSATION Clause Samples
The Disputed Compensation clause outlines the procedures to follow when there is a disagreement between parties regarding payment amounts or entitlement. Typically, this clause specifies how disputed sums should be handled—such as whether they are withheld, placed in escrow, or partially paid—while the dispute is resolved through negotiation, mediation, or other means. Its core function is to ensure that payment disagreements do not halt the entire contractual relationship and to provide a clear process for managing contested funds, thereby reducing the risk of escalation and maintaining business continuity.
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DISPUTED COMPENSATION. In the event that the Company should at anytime dispute any payment or vesting of compensation as provided herein to executive, Company agrees that it will provide Executive with a timely and immediate written notice of such dispute detailing the specific compensation that it disputes and detailing all of the legal reasons and the detailed factual basis for its objection thereto. Such written notice will be provided to Executive in advance of the payment or vesting of any such disputed payment to Executive. Providing such a notice does not eliminate or obviate the Company's responsibility to make such a payment of compensation, its dispute or objection notwithstanding. In the event that the reasons for the dispute or objection arise after the disbursement or vesting of such compensation to Executive, then Company agrees that it will provide notice to Executive at the earlier of twenty one (21) days from the date of any such disbursement or vesting if Company knew or reasonably should have known of the basis for such an objection within seven (7) days of such disbursement or vesting, or if Company did not know or reasonably could not be expected to known of the basis for such an objection, within one hundred and thirty one (131) days of the disbursement, payment or vesting of such benefit. Any request or demand by the Company for reimbursement of compensation paid to Executive pursuant to this agreement is waved if not made within the limitation period described in this paragraph. No action will be brought or maintained by the Company against Executive, either in a court of law or in arbitration, or otherwise, to recover compensation paid to executive if the Company has not complied with this section 15. Under no circumstances will any action will be brought or maintained by the company against executive, either in a court of law or in arbitration, or otherwise, to recover compensation already vested or paid to executive, even if prior notice of the dispute or objection as described above has been served, if more than three hundred and sixty five (365) days have passed since the payment or vesting which the company would otherwise seek to recover or overturn. This section 16 shall not apply to any compensation that Executive should receive that is over and above the compensation specifically described in this Agreement.
DISPUTED COMPENSATION. 10.1 The Council shall provide the Company with a copy of any claim for compensation or request for an Advance Payment received from a Claimant within 10 Working Days of receipt of the same by the Council.
10.2 The Agent shall (unless otherwise agreed between the parties both acting reasonably) lead the negotiation of any claim for compensation or any Advance Payment payable to a Claimant.
10.3 All negotiations to settle a claim for compensation or agree an Advance Payment with a Claimant shall be in accordance with the CPO Compensation Code.
10.4 Neither the Council nor the Company shall offer nor settle any outstanding claim for compensation nor agree an Advance Payment in excess of the approved estimate without obtaining the prior written approval of the other party.
10.5 In the event that the Agent is unable to agree the amount of the compensation element of any CPO Costs with a Claimant in relation to any Third Party Right or Third Party Interest which has been acquired, extinguished or overridden as the case may be the Council and the Company shall jointly use their reasonable endeavours to seek to resolve the dispute by means of alternative dispute resolution wherever possible in the absence of which the parties will liaise to agree whether or not to refer the dispute to the Upper Tribunal (Lands Chamber).
10.6 In the event that a reference to the Upper Tribunal (Lands Chamber) is made by the Council or by a Claimant in relation to any Third Party Interest or Third Party Right acquired, extinguished or overridden as the case may be the Council shall:
10.6.1 use all reasonable endeavours to conduct the reference so as to achieve an outcome favourable to the Council;
10.6.2 in consultation with the Company appoint Counsel to advise on the merits of the reference and appoint such experts as it will be necessary to appoint to give evidence on behalf of the Council as may be reasonably necessary and prudent having regard to the principles in issue and the nature of the evidence to be addressed and in accordance with such legal advice as it receives from time to time in order to secure a favourable outcome;
10.6.3 regularly consult with the Company as to the conduct and progress of the reference;
10.6.4 provide the Company any written correspondence received from the claimant or the Upper Tribunal (Lands Chamber) within 2 Working Days of receipt of the same by the Council;
10.6.5 using all reasonable endeavours to prepare for any hearing of or relating to...