Extract to table

The Surcharge Notice must identify the applicable cost category, the amount of the surcharge, and the calculation methodology used

4(b) — Calculation Methodology (Exhibit C): All surcharges must be calculated in accordance with the Surcharge Methodology set forth in Exhibit C to the MSA

4(d) — Dispute Procedure: If the Buyer disputes any surcharge, the Buyer must deliver written notice of the dispute to the Seller within thirty (30) calendar days of receipt of the applicable Surcharge Notice

1991) ("Where the unjust enrichment claim rests on the same operative facts as the breach of contract claim, and the express contract covers the subject matter at issue, the unjust enrichment claim must be dismissed

Nevertheless, the account stated claim is also vulnerable to the argument that the MSA's express surcharge provisions govern and that any obligation to pay surcharges (and any defense to such obligation) must be evaluated under the contract's terms