Common use of Appeal of Disputes Board Decision Clause in Contracts

Appeal of Disputes Board Decision. (a) If, within 20 days after the Disputes Board's issuance of the Disputes Board Decision to TxDOT and Maintenance Contractor (the "Appeal Period"), either Party is dissatisfied with the Disputes Board Decision due to a good faith belief that Disputes Board Error occurred, (i) Maintenance Contractor may request the Executive Director to seek and/or (ii) TxDOT may seek a formal administrative hearing before SOAH pursuant to Texas Government Code, Chapter 2001, and Section 201.112 of the Code, solely on the grounds that Disputes Board Error occurred. Upon receipt of Maintenance Contractor's request for a formal administrative hearing before SOAH, the Executive Director shall, as a purely ministerial act, refer the matter to SOAH within ten Business Days after receipt of Maintenance Contractor's request. (b) If Maintenance Contractor does not request, and TxDOT does not seek for itself, a formal administrative hearing before SOAH under Section 16.3.6.1(a) within the Appeal Period, then within ten Business Days after the expiration of the Appeal Period, the Executive Director shall issue the Final Order Implementing Decision as a purely ministerial act. Texas Department of Transportation RFP Addendum 7 (BAFO) US 77 from Kingsville to Xxxxxxxx 89 Capital Maintenance Agreement January 28, 2013 If the Executive Director fails to issue the Final Order Implementing Decision within this ten Business Day time period, the Disputes Board Decision shall become effective as the Final Order Implementing Decision for all purposes on the next Business Day. (c) Neither Party may attempt to: (i) Seek an administrative hearing before SOAH on any Dispute after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; (ii) Seek rehearing in any forum of a Dispute that is the subject of a Disputes Board Decision after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; or (iii) Resubmit to the Disputes Board or litigate in court any Dispute that was the subject of and resolved by a prior final Disputes Board Decision.

Appeal of Disputes Board Decision. (a) If, within 20 days after the Disputes Board's issuance of the Disputes Board Decision to TxDOT and Maintenance Contractor (the "Appeal Period"), either Party is dissatisfied with the Disputes Board Decision due to a good faith belief that Disputes Board Error occurred, (i) Maintenance Contractor may request the Executive Director to seek and/or (ii) TxDOT may seek a formal administrative hearing before SOAH pursuant to Texas Government Code, Chapter 2001, and Section 201.112 of the Code, solely on the grounds that Disputes Board Error occurred. Upon receipt of Maintenance Contractor's request for a formal administrative hearing before SOAH, the Executive Director shall, as a purely ministerial act, refer the matter to SOAH within ten Business Days after receipt of Maintenance Contractor's request. (b) If Maintenance Contractor does not request, and TxDOT does not seek for itself, a formal administrative hearing before SOAH under Section 16.3.6.1(a) within the Appeal Period, then within ten Business Days after the expiration of the Appeal Period, the Executive Director shall issue the Final Order Implementing Decision as a purely ministerial act. Texas Department of Transportation RFP Addendum 7 (BAFO) US 77 from Kingsville to Xxxxxxxx 89 Capital Maintenance Agreement January 28, 2013 If the Executive Director fails to issue the Final Order Implementing Decision within this ten Business Day time period, the Disputes Board Decision shall become effective as the Final Order Implementing Decision for all purposes on the next Business Day. (c) Neither Party may attempt to: (i) Seek an administrative hearing before SOAH on any Dispute after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; (ii) Seek rehearing in any forum of a Dispute that is the subject of a Disputes Board Decision after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; or (iii) Resubmit to the Disputes Board or litigate in court any Dispute that was the subject of and resolved by a prior final Disputes Board Decision.

Appeal of Disputes Board Decision. (a) If, within 20 days after the Disputes Board's issuance of the Disputes Board Decision to TxDOT and Maintenance Contractor (the "Appeal Period"), either Party is dissatisfied with the Disputes Board Decision due to a good faith belief that Disputes Board Error occurred, (i) Maintenance Contractor may request the Executive Director to seek and/or (ii) TxDOT may seek a formal administrative hearing before SOAH pursuant to Texas Government Code, Chapter 2001, and Section 201.112 of the Code, solely on the grounds that Disputes Board Error occurred. Upon receipt of Maintenance Contractor's request for a formal administrative hearing before SOAH, the Executive Director shall, as a purely ministerial act, refer the matter to SOAH within ten Business Days after receipt of Maintenance Contractor's request.. Texas Department of Transportation RFP Addendum 4 US 77 from Kingsville to Xxxxxxxx 90 Capital Maintenance Agreement November 15, 2012 (b) If Maintenance Contractor does not request, and TxDOT does not seek for itself, a formal administrative hearing before SOAH under Section 16.3.6.1(a) within the Appeal Period, then within ten Business Days after the expiration of the Appeal Period, the Executive Director shall issue the Final Order Implementing Decision as a purely ministerial act. Texas Department of Transportation RFP Addendum 7 (BAFO) US 77 from Kingsville to Xxxxxxxx 89 Capital Maintenance Agreement January 28, 2013 If the Executive Director fails to issue the Final Order Implementing Decision within this ten Business Day time period, the Disputes Board Decision shall become effective as the Final Order Implementing Decision for all purposes on the next Business Day. (c) Neither Party may attempt to: (i) Seek an administrative hearing before SOAH on any Dispute after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; (ii) Seek rehearing in any forum of a Dispute that is the subject of a Disputes Board Decision after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; or (iii) Resubmit to the Disputes Board or litigate in court any Dispute that was the subject of and resolved by a prior final Disputes Board Decision.

Appeal of Disputes Board Decision. (a) If, within 20 days after the Disputes Board's ’s issuance of the Disputes Board Decision to TxDOT and Maintenance DB Contractor (the "“Appeal Period"”), either Party is dissatisfied with the Disputes Board Decision due to a good faith belief that Disputes Board Error occurred, (i) Maintenance DB Contractor may request the Executive Director to seek and/or or (ii) TxDOT may seek a formal administrative hearing before SOAH pursuant to Texas Government Code, Chapter 2001, and Section 201.112 of the Code, solely on the grounds that Disputes Board Error occurred. Upon receipt of Maintenance DB Contractor's ’s request for a formal administrative hearing before SOAH, the Executive Director Texas Department of Transportation - 110 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement shall, as a purely ministerial act, refer the matter to SOAH within ten 10 Business Days after receipt of Maintenance DB Contractor's ’s request. (b) If Maintenance DB Contractor does not request, and TxDOT does not seek for itself, a formal administrative hearing before SOAH under Section 16.3.6.1(a16.3.5.1(a) within the Appeal Period, then within ten 10 Business Days after the expiration of the Appeal Period, the Executive Director shall issue the Final Order Implementing Decision as a purely ministerial act. Texas Department of Transportation RFP Addendum 7 (BAFO) US 77 from Kingsville to Xxxxxxxx 89 Capital Maintenance Agreement January 28, 2013 If the Executive Director fails to issue the Final Order Implementing Decision within this ten 10 Business Day time period, the Disputes Board Decision shall become effective as the Final Order Implementing Decision for all purposes on the next Business Day. (c) Neither Party may attempt to: (i) Seek an administrative hearing before SOAH on any Dispute after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; (ii) Seek rehearing in any forum of a Dispute that is the subject of a Disputes Board Decision after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; or (iii) Resubmit to the Disputes Board or litigate in court any Dispute that was the subject of and resolved by a prior final Disputes Board Decision.

Appeal of Disputes Board Decision. (a) If, within 20 days after the Disputes Board's issuance of the Disputes Board Decision to TxDOT and Maintenance Contractor (the "“Appeal Period"”), either Party is dissatisfied with the Disputes Board Decision due to a good faith belief that Disputes Board Error occurred, (i) Maintenance Contractor may request the Executive Director to seek and/or (ii) TxDOT may seek a formal administrative hearing before SOAH pursuant to Texas Government Code, Chapter 2001, and Section 201.112 of the Code, solely on the grounds that Disputes Board Error occurred. Upon receipt of Maintenance Contractor's request for a formal administrative hearing before SOAH, the Executive Director shall, as a purely ministerial act, refer the matter to SOAH within ten Business Days after receipt of Maintenance Contractor's request. (b) If Maintenance Contractor does not request, and TxDOT does not seek for itself, a formal administrative hearing before SOAH under Section 16.3.6.1(a16.3.6.1 (a) within the Appeal Period, then within ten Business Days after the expiration of the Appeal Period, the Executive Director shall issue the Final Order Implementing Decision as a purely ministerial act. Texas Department of Transportation RFP Addendum 7 (BAFO) US 77 from Kingsville to Xxxxxxxx 89 Capital Maintenance Agreement January 28, 2013 If the Executive Director fails to issue the Final Order Implementing Decision within this ten Business Day time period, the Disputes Board Decision shall become effective as the Final Order Implementing Decision for all purposes on the next Business Day.. Texas Department of Transportation Execution Version Horseshoe Project 112 Capital Maintenance Agreement (c) Neither Party may attempt to: (i) Seek an administrative hearing before SOAH on any Dispute after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; (ii) Seek rehearing in any forum of a Dispute that is the subject of a Disputes Board Decision after the Appeal Period has expired without either Party seeking an administrative hearing before SOAH; or (iii) Resubmit to the Disputes Board or litigate in court any Dispute that was the subject of and resolved by a prior final Disputes Board Decision.