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Common use of Breach of Contract Claims Clause in Contracts

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,

Appears in 26 contracts

Samples: Contractor Agreement, Contract Agreement, Contract Agreement

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,Chapter

Appears in 10 contracts

Samples: Contract Agreement, Contract Agreement, Contract Agreement

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): a) To the extent that Texas Government Code Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement the Contract and is not preempted by other Applicable Lawsapplicable law, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University UTMB and Contractor Supplier to attempt to resolve any claim for breach of contract made by ContractorSupplier: 12.19.1.1 Contractor1. Supplier’s claims for breach of this Agreement the Contract that the parties cannot resolve pursuant to other provisions of this Agreement the Contract or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor Supplier will submit written notice, as required by subchapter B of Chapter 2260, to University UTMB in accordance with the notice provisions in this Agreementherein. ContractorSupplier's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the Supplier’s claim, the specific contract provision that University which UTMB allegedly breached, the amount of damages Contractor Supplier seeks, and the method used to calculate the such damages. Compliance by Contractor Supplier with subchapter B of Chapter 2260 is a required prerequisite to ContractorSupplier's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of UniversityUTMB, or another officer of University UTMB as may be designated from time to time by University UTMB by written notice to Contractor in accordance with the notice provisions in this AgreementSupplier, will examine ContractorSupplier's claim and any counterclaim and negotiate with Contractor Supplier in an effort to resolve the such claims. 12.19.1.2 2. If the parties are unable to resolve their disputes under Section 12.19.1.1a dispute by the manner provided above, the contested case process provided in subchapter C of Chapter 2260 is ContractorSupplier’s sole and exclusive process for seeking a remedy for any and all of ContractorSupplier's claims for breach of this Agreement the Contract by UniversityUTMB. 12.19.1.3 3. Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx sue from the Texas Legislature under Texas Civil Practices and Remedies Code Chapter 107,. The parties hereto specifically agree that (i) neither the execution of the Contract by UTMB nor any other conduct, action or inaction of any representative of UTMB relating to the Contract constitutes or is intended to constitute a waiver of UTMB's or the State's sovereign immunity to suit, and (ii) UTMB has not waived its right to seek redress in the courts. (b) The submission, processing and resolution of Supplier’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, thereafter enacted, or subsequently amended. (c) UTMB and Supplier agree that any periods set forth in the Contract for notice and cure of defaults are not waived.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): a) To the extent that Texas Government Code Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement the Contract and is not preempted by other Applicable Lawsapplicable law, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by Xxxxx University and Contractor Supplier to attempt to resolve any claim for breach of contract made by ContractorSupplier: 12.19.1.1 Contractor1. Supplier’s claims for breach of this Agreement the Contract that the parties cannot resolve pursuant to other provisions of this Agreement the Contract or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor Supplier will submit written notice, as required by subchapter B of Chapter 2260, to Xxxxx University in accordance with the notice provisions in this Agreementherein. ContractorSupplier's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the Supplier’s claim, the specific contract provision that which Xxxxx University allegedly breached, the amount of damages Contractor Supplier seeks, and the method used to calculate the such damages. Compliance by Contractor Supplier with subchapter B of Chapter 2260 is a required prerequisite to ContractorSupplier's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of Xxxxx University, or another officer of Xxxxx University as may be designated from time to time by Xxxxx University by written notice to Contractor in accordance with the notice provisions in this AgreementSupplier, will examine ContractorSupplier's claim and any counterclaim and negotiate with Contractor Supplier in an effort to resolve the such claims. 12.19.1.2 2. If the parties are unable to resolve their disputes under Section 12.19.1.1a dispute by the manner provided above, the contested case process provided in subchapter C of Chapter 2260 is ContractorSupplier’s sole and exclusive process for seeking a remedy for any and all of ContractorSupplier's claims for breach of this Agreement the Contract by Xxxxx University. 12.19.1.3 3. Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx sue from the Texas Legislature under Texas Civil Practices and Remedies Code Chapter 107,. The parties hereto specifically agree that (i) neither the execution of the Contract by Xxxxx University nor any other conduct, action or inaction of any representative of Xxxxx University relating to the Contract constitutes or is intended to constitute a waiver of Xxxxx University’s or the State's sovereign immunity to suit, and (ii) Xxxxx University has not waived its right to seek redress in the courts. (a) The submission, processing and resolution of Supplier’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, thereafter enacted, or subsequently amended. (b) Xxxxx University and Supplier agree that any periods set forth in the Contract for notice and cure of defaults are not waived.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): a) To the extent that Texas Government Code Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this the Agreement and is not preempted by other Applicable Lawsapplicable law, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University UTMB and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 1. Contractor’s claims for breach of this the Agreement that the parties cannot resolve pursuant to other provisions of this the Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University UTMB in accordance with the notice provisions in this Agreementherein. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the Contractor’s claim, the specific contract provision that University which UTMB allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the such damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of UniversityUTMB, or another officer of University UTMB as may be designated from time to time by University UTMB by written notice to Contractor in accordance with the notice provisions in this AgreementContractor, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the such claims. 12.19.1.2 2. If the parties are unable to resolve their disputes under Section 12.19.1.1a dispute by the manner provided above, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this the Agreement by UniversityUTMB. 12.19.1.3 3. Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx sue from the Texas Legislature under Texas Civil Practices and Remedies Code Chapter 107,. The parties hereto specifically agree that (i) neither the execution of the Agreement by UTMB nor any other conduct, action or inaction of any representative of UTMB relating to the Agreement constitutes or is intended to constitute a waiver of UTMB's or the State's sovereign immunity to suit, and (ii) UTMB has not waived its right to seek redress in the courts. (b) The submission, processing and resolution of Contractor’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, thereafter enacted, or subsequently amended. (c) UTMB and Contractor agree that any periods set forth in the Agreement for notice and cure of defaults are not waived.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine ContractorXxxxxxxxxx's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx sue from the Legislature under Chapter 107,Chapter

Appears in 1 contract

Samples: Contract Agreement

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): a) To the extent that Texas Government Code Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement the Contract and is not preempted by other Applicable Lawsapplicable law, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University UTMB and Contractor Supplier to attempt to resolve any claim for breach of contract made by ContractorSupplier: 12.19.1.1 Contractor1. Supplier’s claims for breach of this Agreement the Contract that the parties cannot resolve pursuant to other provisions of this Agreement the Contract or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor Supplier will submit written notice, as required by subchapter B of Chapter 2260, to University UTMB in accordance with the notice provisions in this Agreementherein. ContractorSupplier's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the Supplier’s claim, the specific contract provision that University which UTMB allegedly breached, the amount of damages Contractor Supplier seeks, and the method used to calculate the such damages. Compliance by Contractor Supplier with subchapter B of Chapter 2260 is a required prerequisite to ContractorSupplier's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of UniversityUTMB, or another officer of University UTMB as may be designated from time to time by University UTMB by written notice to Contractor in accordance with the notice provisions in this AgreementSupplier, will examine ContractorSupplier's claim and any counterclaim and negotiate with Contractor Supplier in an effort to resolve the such claims. 12.19.1.2 2. If the parties are unable to resolve their disputes under Section 12.19.1.1a dispute by the manner provided above, the contested case process provided in subchapter C of Chapter 2260 is ContractorSupplier’s sole and exclusive process for seeking a remedy for any and all of ContractorSupplier's claims for breach of this Agreement the Contract by UniversityUTMB. 12.19.1.3 3. Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Texas Legislature under Texas Civil Practices and Remedies Code Chapter 107,. The parties hereto specifically agree that (i) neither the execution of the Contract by UTMB nor any other conduct, action or inaction of any representative of UTMB relating to the Contract constitutes or is intended to constitute a waiver of UTMB's or the State's sovereign immunity to suit, and (ii) UTMB has not waived its right to seek redress in the courts. (b) The submission, processing and resolution of Supplier’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, thereafter enacted, or subsequentlyamended. (c) UTMB and Supplier agree that any periods set forth in the Contract for notice and cure of defaults are not waived.

Appears in 1 contract

Samples: Contract

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.]] SAMPLE 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,to

Appears in 1 contract

Samples: Contract Agreement

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): a) To the extent that Texas Government Code Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this the Agreement and is not preempted by other Applicable Lawsapplicable law, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University UTMB and Contractor Supplier to attempt to resolve any claim for breach of contract made by ContractorSupplier: 12.19.1.1 Contractor1. Supplier’s claims for breach of this the Agreement that the parties cannot resolve pursuant to other provisions of this the Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor Supplier will submit written notice, as required by subchapter B of Chapter 2260, to University UTMB in accordance with the notice provisions in this Agreementherein. ContractorSupplier's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the Supplier’s claim, the specific contract provision that University which UTMB allegedly breached, the amount of damages Contractor Supplier seeks, and the method used to calculate the such damages. Compliance by Contractor Supplier with subchapter B of Chapter 2260 is a required prerequisite to ContractorSupplier's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of UniversityUTMB, or another officer of University UTMB as may be designated from time to time by University UTMB by written notice to Contractor in accordance with the notice provisions in this AgreementSupplier, will examine ContractorSupplier's claim and any counterclaim and negotiate with Contractor Supplier in an effort to resolve the such claims. 12.19.1.2 2. If the parties are unable to resolve their disputes under Section 12.19.1.1a dispute by the manner provided above, the contested case process provided in subchapter C of Chapter 2260 is ContractorSupplier’s sole and exclusive process for seeking a remedy for any and all of ContractorSupplier's claims for breach of this the Agreement by UniversityUTMB. 12.19.1.3 3. Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx sue from the Texas Legislature under Texas Civil Practices and Remedies Code Chapter 107,. The parties hereto specifically agree that (i) neither the execution of the Agreement by UTMB nor any other conduct, action or inaction of any representative of UTMB relating to the Agreement constitutes or is intended to constitute a waiver of UTMB's or the State's sovereign immunity to suit, and (ii) UTMB has not waived its right to seek redress in the courts. (b) The submission, processing and resolution of Supplier’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, thereafter enacted, or subsequently amended. (c) UTMB and Supplier agree that any periods set forth in the Agreement for notice and cure of defaults are not waived.

Appears in 1 contract

Samples: General Terms and Conditions

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.]] SAMPLE 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,

Appears in 1 contract

Samples: Contract Agreement

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): a) To the extent that Texas Government Code Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time ("Chapter 2260"), is applicable to this Agreement the Contract and is not preempted by other Applicable Lawsapplicable law, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University UTMB and Contractor Supplier to attempt to resolve any claim for breach of contract made by ContractorSupplier: 12.19.1.1 Contractor1. Supplier’s claims for breach of this Agreement the Contract that the parties cannot resolve pursuant to other provisions of this Agreement the Contract or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor Supplier will submit written notice, as required by subchapter B of Chapter 2260, to University UTMB in accordance with the notice provisions in this Agreementherein. ContractorSupplier's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the Supplier’s claim, the specific contract provision that University which UTMB allegedly breached, the amount of damages Contractor Supplier seeks, and the method used to calculate the such damages. Compliance by Contractor Supplier with subchapter B of Chapter 2260 is a required prerequisite to ContractorSupplier's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of UniversityUTMB, or another officer of University UTMB as may be designated from time to time by University UTMB by written notice to Contractor in accordance with the notice provisions in this AgreementSupplier, will examine ContractorSupplier's claim and any counterclaim and negotiate with Contractor Supplier in an effort to resolve the such claims. 12.19.1.2 2. If the parties are unable to resolve their disputes under Section 12.19.1.1a dispute by the manner provided above, the contested case process provided in subchapter C of Chapter 2260 is ContractorSupplier’s sole and exclusive process for seeking a remedy for any and all of ContractorSupplier's claims for breach of this Agreement the Contract by UniversityUTMB. 12.19.1.3 3. Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Texas Legislature under Texas Civil Practices and Remedies Code Chapter 107,. The parties hereto specifically agree that (i) neither the execution of the Contract by UTMB nor any other conduct, action or inaction of any representative of UTMB relating to the Contract constitutes or is intended to constitute a waiver of UTMB's or the State's sovereign immunity to suit, and (ii) UTMB has not waived its right to seek redress in the courts. (b) The submission, processing and resolution of Supplier’s claim is governed by the published rules adopted by the Texas Attorney General pursuant to Chapter 2260, as currently effective, thereafter enacted, or subsequently amended. (c) UTMB and Supplier agree that any periods set forth in the Contract for notice and cure of defaults are not waived.

Appears in 1 contract

Samples: Contract

Breach of Contract Claims. [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine ContractorXxxxxxxxxx's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 12.19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx sue from the Legislature under Chapter 107,Chapter

Appears in 1 contract

Samples: Contractor Agreement