the thirty day Adjustment Period, the parties were obligated to use commercially reasonable efforts for an additional thirty calendar days thereafter the agree upon any adjustment to the Closing Working Capital Statement. If after those thirty days the parties were still unable to agree upon a proposed adjustment, only then were the parties obligated to arbitrate the dispute. (Ex. A § 2.5(d)). In the absence of an Adjustment Request by Ballard, an authorized Closing Working Capital Statement was final and binding under the express terms of § 2.5(d) of the Purchase Agreement. Under the terms of the Purchase Agreement, the obligation to select a neutral auditor never came about. See e.g., Primavera Labs., Inc. v. Avon Prods., Inc., 297 A.D.2d 505, 747 N.Y.S.2d 16, 17-18 (NY.App.Div.2002) (<HOLDING>). Regardless of whether the January 20, 2006
holding that immunity agreements are analogous to plea agreements and are enforced under principles of contract law within the constitutional safeguards of due process holding enforceable forum selection clauses in arbitration agreements holding that arbitration clauses as contractual agreements must be enforced to their terms holding that property settlement agreements may be specifically enforced holding that where a collective bargaining agreements terms are clear but the management has engaged in contrary practice for a number of years the words of the agreement must be enforced