Extract to table

This document and its contents shall not be disclosed to the opposing party or used in any subsequent proceeding

The surcharge amounts must be "calculated in accordance with the methodology set forth in Exhibit C

4(c) imposes an absolute ceiling on monthly surcharges absent Nexford's prior written consent: "In no event shall the aggregate monthly surcharge exceed 12% of the applicable Base Price for the relevant product category without prior written consent of Buyer

4(d) establishes a procedural framework for disputing surcharges: Buyer must notify Seller of any disputed surcharge within thirty (30) calendar days of receipt of the Surcharge Notice

The essential element of an account stated is mutual assent to the balance — both parties must agree that the stated amount is correct and due

Any reasonable settlement must acknowledge that the great majority of Cardinal Peak's claim is not supported by the contract