Common use of Disputed Invoice Clause in Contracts

Disputed Invoice. Within the limitation of Section 7.3, each invoice shall be subject to adjustment for true-up from estimated costs to actual costs, errors in arithmetic, computation or estimating, or adjustments related to settlement. Seller may make adjustments pursuant to the preceding sentence to any billing for a period of up to twenty-four (24) months from the date of rendering of such original billing in order to reflect differences in Seller’s receipt of more current data. The Parties shall use good faith efforts to resolve any billing and payment disputes promptly. Unless otherwise agreed, in case of a dispute to any portion of any invoice, all invoiced amounts shall be paid in accordance with Section 7.2. Unless otherwise agreed, upon final determination of the invoice amount, any necessary adjustments in such invoice and the payments thereof shall be made in the invoice submitted in the month following such determination, with interest at the Interest Rate paid to the Buyer from the date of payment on amounts Buyer did not owe if the Buyer prevails in the dispute; provided, that, in no event shall a Party be required to pay interest on the amount of any underpayment of costs caused by adjustment for true-up from estimated costs to actual costs or Seller’s error in arithmetic, computation or estimating. Buyer’s payment of an invoice (whether or not under protest) shall not affect any legal or equitable rights a Party may have to challenge the invoice within the time limitations established in Section 7.3 above.

Disputed Invoice. Within the limitation of Section Article 7.3, each invoice shall be subject to adjustment for true-up from estimated costs to actual costs, errors in arithmetic, computation or estimating, or adjustments related to settlement. Seller may make adjustments pursuant to the preceding sentence to any billing for a period of up to twenty-twenty four (24) months from the date of rendering of such original billing in order to reflect differences in Seller’s receipt of more current data. The Parties shall use good faith efforts to resolve any billing and payment disputes promptly. Unless otherwise agreed, in case of a dispute to any portion of any invoice, all invoiced amounts only the non-disputed amount shall be paid in accordance with Section Article 7.2, provided documentation regarding the withheld disputed amount is provided to Seller by the Due Date. Unless otherwise agreed, upon final determination of the invoice amount, any necessary adjustments in such invoice and the payments thereof shall be made in the invoice submitted in the month following such determination, with interest at the Interest Rate paid to from the Buyer from original Due Date of the invoice until the date of payment on amounts Buyer did not owe if the Buyer prevails in the disputepayment; provided, that, in no event shall a Party Buyer be required to pay interest on the amount of any underpayment of costs caused by adjustment for true-up from estimated costs to actual costs or Seller’s error in arithmetic, computation or estimating. Buyer’s payment of an invoice (whether or not under protest) shall not affect any legal or equitable rights a Party may have to challenge the invoice within the time limitations established in Section Article 7.3 above.