Pending Dispute Clause Samples

The Pending Dispute clause defines how parties should handle situations where a disagreement or claim arises but has not yet been resolved. Typically, this clause outlines procedures such as suspending certain obligations, holding payments in escrow, or continuing performance under protest while the dispute is addressed through negotiation, mediation, or arbitration. Its core function is to provide a clear framework for managing ongoing contractual relationships during unresolved disputes, minimizing disruption and protecting the interests of both parties until the issue is settled.
Pending Dispute. During a pending dispute, where this Agreement has not yet been terminated, each Party shall continue to perform in good faith its obligations under this Agreement.
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Pending Dispute. Seller or Seller Bank, as applicable, will use commercially reasonable efforts to resolve, within 90 days from the date of this Agreement and in a manner reasonably satisfactory to Buyer, the dispute described on Section 6.5 of the Seller Disclosure Memorandum.
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Pending Dispute. Sovereign and/or Dominion and Vitafort hereby acknowledge that they are currently involved in a securities dispute involving the following: Schedule 13D of the Securities Exchange Act of 1934 and securities issues involving the disgorgment of profits under Rule 16b of the same Act. In the event that Sovereign and/or Dominion and Vitafort have not resolved their securities dispute on or before March 31, 1999 then they agree to resolve all the outstanding securities issues with a panel of three arbitrators selected pursuant to and run in accordance with the Securities Arbitration Rules (or the Commercial Arbitration Rules if no Securities Arbitration Rules are in effect) of the American Arbitration Association. The parties agree that no other claims other than the claims mentioned in this paragraph 9 shall be brought, that the maximum award that may be claimed by Vitafort is $600,000 and that the arbitration panel shall be limited to making an award in the amount of not more than $600,000. The arbitration shall be held in New York, NY. Each party shall bear its own attorney's fees and costs of such arbitration. Any judgement or award rendered by arbitration may be entered in any court having jurisdiction. The parties agree to waive any claims for attorney's fees and costs against the other party in such arbitration. The parties further acknowledge that the Agreement of the parties to amicably resolve this matter is part of the consideration being exchanged by the parties with respect to this Agreement.
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Pending Dispute. Each Party agrees that during the Pre-Closing Period (i) this Agreement shall operate to stay the Pending Dispute, and (ii) Buyer shall not withhold any amounts invoiced by Seller under the Power Purchase Agreement, other than amounts that may be withheld in accordance with the Power Purchase Agreement where such withholding is based on either (A) one or more of Buyer’s claims or counterclaims that are the subject of the Pending Dispute (consistent with Buyer’s past practice) or (B) any calculation error that may appear in such invoices; provided, that, Buyer shall not retroactively withhold any amounts that have been previously paid by Buyer under the Power Purchase Agreement.
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Related to Pending Dispute

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:- a. Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and b. If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration ▇▇▇ ▇▇▇▇ and any amendments. Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the ▇▇▇▇ Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin: 7.6.3.2 If the dispute is not resolved within sixty (60) days of the ▇▇▇▇ Date, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within ninety (90) days of the ▇▇▇▇ Date, the dispute will be escalated to the third level of management for each of the respective Parties for resolution 7.6.3.3 If the dispute is not resolved within one hundred and twenty (120) days of the ▇▇▇▇ Date, the dispute will be escalated to the fourth level of management for each of the respective Parties for resolution. 7.6.3.4 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the ▇▇▇▇ of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second ▇▇▇▇ Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second ▇▇▇▇ payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.

  • Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A232–2019, the method of binding dispute resolution shall be as follows: [ ] Arbitration pursuant to Article 15 of AIA Document A232–2019. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.

  • 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.

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.