By DBE. DBEs may commence the Contract Dispute Resolution Process upon City's written response denying all or part of a Claim pursuant to Section 4.2 of the General Conditions. DBE shall submit a written Statement of Contract Dispute (as set forth below) to City within thirty (30) Days after receipt of City’s written response to the Claim, or within thirty (30) days following the meet and confer conference if the parties have participated in a meet and confer conference. Failure by DBE to submit its Statement of Contract Dispute in a timely manner shall result in City’s decision by City on the Claim becoming final and binding. DBE’s Statement of Contract Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the asserted effect on the Contract Sum and the Contract Time. The Statement of Contract Dispute shall include adequate supporting data to substantiate the disputed Claim, in compliance with the Change Order Request requirements set forth herein.
By DBE. DBE shall indemnify, protect, defend, save and hold harmless Parent, Subsidiary and each of their respective affiliates and subsidiaries, and its and their respective representatives, from and against any and all costs, losses (including, without limitation, diminution in value), taxes, liabilities, obligations, damages, lawsuits, deficiencies, claims, demands and expenses (whether or not arising out of third-party claims), including, without limitation, interest, penalties, costs of mitigation, losses in connection with any environmental law (including, without limitation, any clean-up or remedial action), lost profits and other losses resulting from any shutdown or curtailment of operations, damages to the environment, attorneys' fees and all amounts paid in investigation, defense or settlement of any of the foregoing (herein, "Damages"), incurred in connection with, arising out of, resulting from or incident to (i) any breach of any representation or warranty or the inaccuracy of any representation made by LCA or DBE in or pursuant to this Agreement or (ii) any breach of any covenant or agreement made by LCA or DBE in or pursuant to this Agreement provided, however, that said indemnity shall not apply to any Damages to the extent that they arise out of the negligence, gross negligence or willful misconduct of Parent or Subsidiary.
