Disputed Item Clause Samples

The "Disputed Item" clause defines the process for handling items or charges that one party contests or disagrees with, typically in the context of invoices or deliverables. In practice, this clause outlines the steps a party must take to formally notify the other of a dispute, such as providing written notice and specifying the reasons for the disagreement. It may also set out timelines for resolution and clarify whether payment of undisputed amounts must continue during the dispute. The core function of this clause is to provide a clear, orderly mechanism for resolving disagreements over specific items, thereby minimizing disruption to the overall contract and reducing the risk of escalation.
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Disputed Item. Owner shall provide to Manager its written approval or disapproval (including written comments setting forth in reasonable detail the reasons for Owner’s disapproval, if any) of each Plan not later than thirty (30) days after Owner’s receipt of such Plan (the “Owner’s Review Period”). If Owner objects to or disputes all or any portion of such Plan (a “Disputed Item”), Manager shall attempt to reach an agreement with Owner with respect to the Disputed Items. Both Owner and Manager will proceed with due diligence and in good faith to attempt to reach agreement with respect to the Disputed Items, If Owner and Manager have not reached an agreement with respect to the Disputed Items within a thirty (30) day period after Manager’s receipt of the Disputed Items (“Manager’s Review Period”), the parties are required, no later than seven (7) days after the expiration of Manager’s Review Period, to submit the Disputed Item(s) and all relevant information pertaining thereto, without regard to the strict rules of evidence, to ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇, CPAs, of Las Vegas, Nevada (or, if the foregoing is unable to serve, a similar accounting firm mutually agreeable to Owner and Manager) (the “Determining Accountants”). Within thirty (30) days after the receipt of the dispute for resolution, the Determining Accountants shall determine the appropriate amount to be budgeted for the Disputed Item(s) based upon all relevant factors, including the desire of Owner and Manager to maintain and operate The Cannery in accordance with standards for a “first-class neighborhood casino hotel,” the Gaming Laws, and applicable local laws and customs (to the extent such local customs are consistent with the terms and intent of this Agreement). The determination of the Determining Accountants with respect to the Disputed Item(s) shall be final and conclusively binding upon Owner and Manager. Pending Manager’s receipt of Owner’s approval of a Plan pursuant to this Subparagraph 5.2.2(i) and/or a decision of the Determining Accountants, Manager shall be entitled to operate The Cannery in accordance with the proposed Plan submitted by Manager; provided, however, that Manager shall endeavor in good faith to preserve Owner’s objections to any Disputed Items pending the Determining Accountants’ decision. The final Plan resulting from the Determining Accountant’s decision as to any Disputed Item(s) shall be effective immediately upon receipt by Manager of the Determining Accountants’ written ...
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Disputed Item. Customer must notify CPS in writing of any disputed item on Customer’s billing statement within sixty (60) days from the date of the billing statement, or it will be deemed undisputed and accepted by Customer. Unless required by law, CPS is not responsible for any problem Customer may have with any goods or services charged on the Account. If Customer has a dispute with a merchant, Customer must pay CPS and settle the dispute directly with the merchant. CPS is not responsible if any merchant refuses to honor the Card.
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Disputed Item. Section 2.2.5 Dissenting Shares..............................................Section 2.1.3 Effective Time...................................................Section 1.1
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Disputed Item. Section 2.3.5
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Disputed Item. The Customer must notify Operator in writing of any disputed item on the Customer's billing statement within sixty (60) days from the date of the billing statement, or it will be deemed undisputed and accepted by the Customer. Unless required by law, Operator is not responsible for any problem the Customer may have with any goods or services charged on the Account. If the Customer has a dispute with a merchant, the Customer must pay the amount due on the Account and settle the dispute directly with the merchant. Operator is not responsible if any merchant refuses to honour any Card.
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Disputed Item. 7 DOL ............................................................................................................................................................ 21
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Disputed Item. 2.5(e) Dissenting Shares...................................................... 2.1(c)(iii) Dissenting Stockholders................................................ 2.1(c)(iii) Effective Time......................................................... 1.3 Employees ............................................................ 4.15(a) Escrow Account ........................................................ 9.5(a) Escrowed Property...................................................... 9.5(a)
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Related to Disputed Item

  • Disputed Invoices If the Trader or the Distributor disputes a Tax Invoice (which includes a Revision Invoice) issued under this clause 9, the party disputing the invoice ("Disputing Party") must notify the other party ("Non-disputing Party") in writing and provide details as to the reasons why the Disputing Party disputes that invoice within 18 months of the date of the first Tax Invoice issued in respect of the Distribution Services charges the subject of the disputed Tax Invoice ("Invoice Dispute"). On receiving an Invoice Dispute notice, the Non-disputing Party must: (a) if the Non-disputing Party agrees with the matters set out in the Invoice Dispute notice and: (i) the Disputing Party has not paid the disputed Tax Invoice, promptly issue a Credit Note for the disputed amount, and any remaining amount owed must be paid by the Disputing Party within 6 Working Days of receipt of the Credit Note, but need not pay prior to the time set out in clause 9.4 or 9.5; or (ii) the Disputing Party has paid the disputed invoice, calculate the amount that the Disputing Party has over paid and promptly issue a Credit Note to the Disputing Party for the amount over paid, which must include a Use of Money Adjustment. Any amount owed must be paid by the Non-disputing Party within 6 Working Days of issuing the Credit Note. A Use of Money Adjustment must apply for the period commencing on the date the original Tax Invoice was paid and ending when re-payment is made, but the amount need not be settled prior to the time set out in clauses 9.4 or 9.5; or (b) if the Non-disputing Party disagrees with the matters set out in the Invoice Dispute notice, either party may raise a Dispute in accordance with clause 23 and if the Disputing Party has not paid the disputed Tax Invoice, it must pay the undisputed amount of the disputed Tax Invoice issued in accordance with clauses 9.4 or 9.5; and (c) on the resolution of a Dispute under clause 23, any amount owed must be paid by the relevant party within 6 Working Days. Default Interest is payable for the period commencing on the date the disputed amount would have been due for payment under this clause 9, and ending when payment is made. To the extent the Tax Invoice is held not to be payable, the Non-disputing Party must issue a Credit Note to the Disputing Party.

  • Disputed Bills Default in payment by the Designated ISTS Customers & Annual Reconciliation: ARTICLE: 11

  • Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.

  • Disputed Amounts 28.1.1 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, prior to the ▇▇▇▇ Due Date, give written notice to the Billing Party of the amounts it disputes (“Disputed Amounts”) and include in such written notice the specific details and reasons for disputing each item; provided, however, a failure to provide such notice by that date shall not preclude a Party from subsequently challenging billed charges provided that such charges were paid. The Non-Paying Party shall pay when due all undisputed amounts to the Billing Party. Notwithstanding the foregoing, except as provided in Section 28.2, a Party shall be entitled to dispute only those charges for which the Date was within the immediately preceding eighteen (18) months of the date on which the other Party received notice of such Disputed Amounts. 28.1.2 If the Non-Paying Party disputes charges and the dispute is resolved in favor of such Non-Paying Party, the Billing Party shall credit the invoice of the Non-Paying Party for the amount of the Disputed Amounts along with any applicable late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Accordingly, if a Non-Paying Party disputes charges and the dispute is resolved in favor of the Billing Party, the Non-Paying Party shall pay the Billing Party the amount of the Disputed Amounts and any associated late payment charges no later than the second ▇▇▇▇ Due Date after the resolution of the Dispute. Late payment charges shall be assessed as set forth in Section 27.8. 28.1.3 If the Parties are unable to resolve the issues related to the Disputed Amounts in the normal course of business within sixty (60) days after delivery to the Billing Party of notice of the Disputed Amounts, each of the Parties shall appoint a designated representative who has authority to settle the Dispute and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the Dispute and negotiate in good faith in an effort to resolve such Dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however all reasonable requests for relevant information made by one Party to the other Party shall be honored. 28.1.4 If the Parties are unable to resolve issues related to the Disputed Amounts within forty-five (45) days after the Parties' appointment of designated representatives pursuant to Section 28.3, then either Party may file a complaint with the Commission to resolve such issues or proceed with any other remedy pursuant to law or equity. The Commission or the FCC may direct payment of any or all Disputed Amounts (including any accrued interest) thereon or additional amounts awarded, plus applicable late fees, to be paid to either Party. 28.1.5 The Parties agree that all negotiations pursuant to this Section 28.1 shall remain confidential in accordance with Article XX and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and state rules of evidence.

  • Audit Dispute In the event of a dispute with respect to any audit under Section 4.12, AbbVie and ▇▇▇▇▇▇ shall work in good faith to resolve the disagreement. If the Parties are unable to reach a mutually acceptable resolution of any such dispute within [***] days, the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s accountants or to such other Person as the Parties shall mutually agree (the “Audit Arbitrator”). The decision of the Audit Arbitrator shall be final and the costs of such arbitration as well as the initial audit shall be borne between the Parties in such manner as the Audit Arbitrator shall determine. Not later than [***] days after such decision and in accordance with such decision, ▇▇▇▇▇▇ shall pay the additional amounts, with interest from the date originally due as provided in Section 4.10, or AbbVie shall reimburse the excess payments, as applicable.