Common use of Disputes With Respect to Default Damages or Termination Payment Clause in Contracts

Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 7.3(e) shall be subject to the dispute resolution procedures in Article 11; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide Performance Assurance to the Non- Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 21 contracts

Sources: Supply Agreement, Supply Agreement, Supply Agreement

Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 7.3(e5.3(e) shall be subject to the dispute resolution procedures in Article 1110; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide Performance Assurance commercially reasonable financial assurances to the Non- Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 20 contracts

Sources: Supply Agreement, Supply Agreement, Supply Agreement

Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 7.3(e) shall be subject to the dispute resolution procedures in Article 11; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide Performance Assurance to the Non- Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 18 contracts

Sources: Supply Agreement, Supply Agreement, Supply Agreement

Disputes With Respect to Default Damages or Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Any dispute under this Section 7.3(e5.3(e) shall be subject to the dispute resolution procedures in Article 1110; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide Performance Assurance commercially reasonable financial assurances to the Non- Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.

Appears in 6 contracts

Sources: Master Standard Service Offer Supply Agreement, Master Standard Service Offer Supply Agreement, Master Standard Service Offer Supply Agreement