Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Purchasing. 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 Director of Purchasing shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the 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 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 contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) 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 in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available 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 (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, 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: Services Agreement
Breaches and Dispute Resolution. 49 CFR Part 18 FTA Circular 4220.1E Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative City of the Director of PurchasingSanta Xxxx Purchasing Agent. This decision shall be final and conclusive unless within [ten (10) )] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of PurchasingPurchasing Agent. 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 Director of Purchasing Agent shall be binding upon the Contractor and the Contractor shall abide be by the decision. Performance During Dispute - Unless otherwise directed by the CityCity of Santa Xxxx, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the 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 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 contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) City of Santa Xxxx 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 in which the (Recipient) City of Santa Xxxx is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available 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 (Recipient), (Architect) City of Santa Xxxx or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, 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: General Services Agreement
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director of PurchasingTHE AUTHORITY’s Administrator. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor PTM mails or otherwise furnishes a written appeal to the Director of PurchasingTHE AUTHORITY’s Administrator. In connection with any such appeal, the Contractor PTM shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Purchasing THE AUTHORITY’s Administrator shall be binding upon the Contractor PTM and the Contractor PTM shall abide be by the decision, provided, however, if PTM is dissatisfied with the decision of the Administrator, it shall have the right, within ninety (90) days of the Administrator’s decision to request arbitration of the dispute consistent with the “Remedies” section of this Section 41. Performance During Dispute - Unless otherwise directed by the CityTHE AUTHORITY, Contractor PTM shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the 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 therefore shall shall, subject to the limitation contained in Section 37, be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) THE AUTHORITY and the Contractor PTM 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 in which the (Recipient) THE AUTHORITY is located. Rights and Remedies - The Subject to the limitation contained in Section 37, the duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder there under 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 (Recipient)THE AUTHORITY, (Architect) or Contractor PTM shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunderthere under, except as may be specifically agreed in writing.
Appears in 1 contract
Samples: Management Agreement
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director of PurchasingYCTD's Executive Director. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of PurchasingExecutive Director. 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 Executive Director of Purchasing shall be binding upon the Contractor and the Contractor shall abide be by the decision. Performance During Dispute - Unless otherwise directed by the CityYCTD, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the 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 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 contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) YCTD 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 in which the (Recipient) YCTD is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available 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 (Recipient)YCTD, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, 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: Federal Grant Conditions
Breaches and Dispute Resolution. Disputes - All contracts over $100,000 Disputes arising in the performance of this Contract contract which are not resolved by agreement of the parties shall be decided in writing by the recipient’s authorized representative of the Director of Purchasingrepresentative. This decision shall be final and conclusive unless within ten (10) 10 days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Purchasingrecipient’s CEO. 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 Director of Purchasing recipient’s CEO shall be binding upon the Contractor and the Contractor shall abide be by the decision. FTA has a vested interest in the settlement of any violation of Federal law including the False Claims Act, 31 U.S.C. § 3729. Performance During Dispute - Unless otherwise directed by the Cityrecipient, Contractor shall continue performance under this Contract contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract 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 therefore shall be made in writing to such other party within a reasonable time ten days after the first observance of such injury of or damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) recipient 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 in which the (Recipient) is locatedresiding State. Rights and Remedies - The duties Duties and obligations imposed by the Contract Documents contract documents and the rights and remedies available 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 (Recipient), (Architect) recipient or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contractcontract, 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: Contract
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director of PurchasingCouncil’s Director. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor consultant mails or otherwise furnishes a written appeal to the Director of PurchasingCouncil’s Director. 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 Council’s Director of Purchasing shall be binding upon the Contractor consultant and the Contractor consultant shall abide be by the decision. Performance During Dispute - Unless otherwise directed by the CityCouncil, Contractor consultant shall continue performance under this Contract Agreement while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract 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 therefore shall be made in writing to such other party within a reasonable time ten days after the first observance of such injury of or damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) Council 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 in which the (Recipient) is locatedresiding New York State. Rights and Remedies - The duties Duties and obligations imposed by the Contract Documents contract documents and the rights and remedies available 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 (Recipient), (Architect) recipient or Contractor consultant shall constitute a waiver of any right or duty afforded any of them under the ContractAgreement, 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: Consultant Agreement
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director (Recipient)'s [title of Purchasingemployee]. This decision shall be final and conclusive unless within [ten (10) )] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director [title of Purchasingemployee]. 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 Director [title of Purchasing employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City(Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the 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 therefore 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 contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) 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 in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available 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 (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, 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. Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ] Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix X. Xxxx Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non- Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
Appears in 1 contract
Samples: Biodiesel Agreement
Breaches and Dispute Resolution. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Director (Recipient)'s [title of Purchasingemployee]. This decision shall be final and conclusive unless within [ten (10) )] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director [title of Purchasingemployee]. 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 Director of Purchasing Administrator shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the CityCCRTA, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the 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 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 contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) CCRTA 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 in which the (Recipient) CCRTA is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder there under 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 (Recipient), (Architect) CCRTA or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunderthere under, except as may be specifically agreed in writing. Xxxx Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any
Appears in 1 contract
Breaches and Dispute Resolution. Disputes - Disputes Pursuant to 49 CFR Part 18, FTA Circular 4220.1F, disputes arising in the performance of this Contract contract which are not resolved by agreement of the parties shall be decided in writing by the municipal corporation’s authorized representative of the Director of Purchasingrepresentative. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Purchasingmunicipal corporation’s CEO. 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 Director of Purchasing municipal corporation’s CEO shall be binding upon the Contractor and the Contractor shall abide be by the decision. Performance During Dispute - Unless otherwise directed by the Citymunicipal corporation, Contractor shall continue performance under this Contract contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract 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 therefore shall be made in writing to such other party within a reasonable time ten days after the first observance of such injury of or damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) municipal corporation 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 in which the (Recipient) is locatedresiding State. Rights and Remedies - The duties Duties and obligations imposed by the Contract Documents contract documents and the rights and remedies available thereunder there under 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 (Recipient), (Architect) municipal corporation or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contractcontract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunderthere under, except as may be specifically agreed in writing.
Appears in 1 contract
Samples: Purchase of Service Agreement