Common use of BREACHES AND DISPUTE RESOLUTION PROCEDURE Clause in Contracts

BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided in writing by an authorized representative of VCTC. The decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decision, the Contractor mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor shall continue performance under this Agreement while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor arising out of or relating to this Agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of Ventura. Rights and Remedies - The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 5 contracts

Samples: Professional Services, Professional Services, Professional Services

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BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement Contract which are not resolved by agreement of the parties shall be decided in writing by an the authorized representative of VCTC. The This decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decisioncopy, the Contractor mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor and the Contractor shall abide be by the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor shall continue performance under this Agreement Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor arising out of or relating to this Agreement agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of VenturaCalifornia. Rights and Remedies - The duties and obligations imposed by this Agreement the Contract Documents and the rights and remedies available hereunder thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, or Contractor shall constitute a waiver of any right or duty afforded any of them under the AgreementContract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 2 contracts

Samples: Database Management Services Agreement, Database Management Services Agreement

BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement Contract which are not resolved by agreement of the parties shall be decided in writing by an the authorized representative of VCTC. The This decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decisioncopy, the Contractor mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor shall continue performance under this Agreement Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor arising out of or relating to this Agreement agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of VenturaCalifornia. Rights and Remedies - The duties and obligations imposed by this Agreement the Contract Documents and the rights and remedies available hereunder thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, Contractor shall constitute a waiver of any right or duty afforded any of them under the AgreementContract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 2 contracts

Samples: Transportation Agreement, Financial Auditing Agreement

BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided in writing by an authorized representative of VCTC. The decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] ) days from the date of receipt of its copy of the decision, the Contractor CONTRACTOR mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor CONTRACTOR and the Contractor CONTRACTOR shall abide be by the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor CONTRACTOR shall continue performance under this Agreement while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents agents, or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement provides otherwise, all claims, counterclaims, disputes disputes, and other matters in question between the VCTC and the Contractor CONTRACTOR arising out of or relating to this Agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of Ventura. Rights and Remedies - The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights rights, and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, Contractor CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 2 contracts

Samples: Professional Services, Professional Services

BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement Contract which are not resolved by agreement of the parties shall be decided in writing by an the authorized representative of VCTC. The This decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decisioncopy, the Contractor mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor and the Contractor shall abide be by the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor shall continue performance under this Agreement Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor arising out of or relating to this Agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of VenturaVentura County. Rights and Remedies - The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, or Contractor shall constitute a waiver of any right or duty afforded any of them under the AgreementContract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 1 contract

Samples: Service Agreement

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BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided in writing by an authorized representative of VCTC. The decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decision, the Contractor CONTRACTOR mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor CONTRACTOR and the Contractor CONTRACTOR shall abide be the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor CONTRACTOR shall continue performance under this Agreement while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor CONTRACTOR arising out of or relating to this Agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of Ventura. Rights and Remedies - The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, Contractor CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 1 contract

Samples: Professional Services

BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement Contract which are not resolved by agreement of the parties shall be decided in writing by an the authorized representative of VCTC. The This decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decisioncopy, the Contractor CONSULTANT mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor CONSULTANT shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor CONSULTANT and the Contractor CONSULTANT shall abide be by the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor CONSULTANT shall continue performance under this Agreement Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor CONSULTANT arising out of or relating to this Agreement agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of VenturaCalifornia. Rights and Remedies - The duties and obligations imposed by this Agreement the Contract Documents and the rights and remedies available hereunder thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, Contractor or CONSULTANT shall constitute a waiver of any right or duty afforded any of them under the AgreementContract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 1 contract

Samples: Consulting Agreement

BREACHES AND DISPUTE RESOLUTION PROCEDURE. Disputes - Disputes arising in the performance of this Agreement Contract which are not resolved by agreement of the parties shall be decided in writing by an the authorized representative of VCTC. The This decision of VCTC’s authorized representative shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy of the decisioncopy, the Contractor mails or otherwise furnishes a written appeal to the VCTC. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the VCTC shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by VCTC, Contractor shall continue performance under this Agreement Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Agreement Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this Agreement contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the VCTC and the Contractor arising out of or relating to this Agreement agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California with venue in the County of VenturaCalifornia. Rights and Remedies - The duties and obligations imposed by this Agreement the Contract Documents and the rights and remedies available hereunder thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the VCTC, Contractor shall constitute a waiver of any right or duty afforded any of them under the AgreementContract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

Appears in 1 contract

Samples: Transportation Agreement

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