Extract to table

3 of the MSA, which provides, among other things, that the laws of the State of Illinois shall govern the agreement and that any disputes arising thereunder shall be resolved in the courts of Cook County, Illinois

To the contrary, the MSA imposes multiple express requirements that must be satisfied before any surcharge obligation arises on the part of Nexford as Buyer

The methodology further provides that such indices shall be applied to agreed baseline figures, specifically a baseline scrap cost of Three Hundred Forty Dollars ($340

4(d) provides that Buyer must notify Seller of any disputed surcharge within thirty (30) calendar days of receipt of the Surcharge Notice

4(d) of the MSA provides that Buyer must notify Seller of any disputed surcharge within thirty (30) calendar days of receipt of the Surcharge Notice

To the extent that Cardinal Peak is entitled to any recovery in this action, which Nexford denies, such recovery must be reduced by the amount of any overpayment made by Nexford