Common use of Breaches and Disputes Clause in Contracts

Breaches and Disputes. The Contractor and the County shall attempt in good faith to resolve promptly any dispute arising out of or relating to the Agreement by negotiation between the parties. Disputes arising in the performance of this Agreement that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the County. 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 County. 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 County shall be binding upon the Contractor and the Contractor shall abide by the decision. This clause shall flow-down to all subcontractors. Performance During Dispute - Unless otherwise directed by County, Contractor shall continue performance under the Agreement while matters in dispute are being resolved. The requirement to seek mediation may be a condition required before filing an action at law or in equity, unless to do so would prevent either party from seeking relief in a court of law or equity under any applicable statute of limitations. 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. Rights and Remedies - The duties and obligations imposed by the Agreement 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 County or 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. Contractor shall place this clause in all subcontracts for more than the small purchase currently set at $50,000 by the County, to address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate.

Breaches and Disputes. The Contractor and the County shall attempt in good faith to resolve promptly any dispute arising out of or relating to the Agreement by negotiation between the parties. Disputes - Disputes arising in the performance of this Agreement that AGREEMENT which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the CountyBCAG'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 CONSULTANT mails or otherwise furnishes a written appeal to the CountyExecutive 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 County Executive Director shall be binding upon the Contractor CONSULTANT and the Contractor CONSULTANT shall abide by the decision. This clause shall flow-down to all subcontractors. Performance During Dispute - Unless otherwise directed by CountyBCAG, Contractor CONSULTANT shall continue performance under the Agreement this AGREEMENT while matters in dispute are being resolved. The requirement to seek mediation may be a condition required before filing an action at law or in equity, unless to do so would prevent either party from seeking relief in a court of law or equity under any applicable statute of limitations. Claims for Damages - Should either party to the Agreement 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 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 provides otherwise, all claims, counterclaims, disputes and other matters in question between the BCAG and CONSULTANT 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 BCAG is located. Rights and Remedies - The duties and obligations imposed by the Agreement AGREEMENT 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 County BCAG or Contractor CONSULTANT shall constitute a waiver of any right or duty afforded any of them under the AgreementAGREEMENT, 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. Contractor shall place this clause in all subcontracts for more than the small purchase currently set at $50,000 by the County, to address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate.as