CLAIM NOTICE AND RESOLUTION PROCEDURE Sample Clauses

CLAIM NOTICE AND RESOLUTION PROCEDURE a) In the event Contractor has a claim or request for a time extension, additional compensation., any other adjustment of the Contract terms, or any dispute arising out of the work (hereinafter “Claim”), Contractor shall notify Company in writing within five (5) working days following the occurrence of the event giving rise to the Claim.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
CLAIM NOTICE AND RESOLUTION PROCEDURE. If, at any time, Company determines the progress of the Work is unsatisfactory, Contractor may be directed to work overtime, increase its workforce, work additional shifts, add supervision or take other corrective actions to ensure the timely and orderly prosecution of the Work, at no additional cost to Company.
Sample 1Sample 2
CLAIM NOTICE AND RESOLUTION PROCEDURE. In the event Contractor has a claim or request for a time extension, additional compensation, any other adjustment of the Contract terms, or any dispute arising under the Contract (hereinafter “Claim”), Contractor shall provide Owner with Notice of such Claim within five (5) business days following the occurrence of the event giving rise to the Claim. Contractor’s failure to give Notice as required will constitute a waiver of all of Contractor’s rights with respect to the Claim. As soon as practicable after Claim notification, Contractor shall submit the Claim to Owner with all supporting information and documentation. Contractor shall also respond promptly to all Owner inquiries about the Claim and its basis. Any Claim that is not disposed of by mutual agreement between the Parties shall be decided by Owner, which shall provide a written decision to Contractor. Such decision shall be final unless Contractor, within thirty (30) days after such receipt of Owner's decision, provides to Owner a written protest, stating clearly and in detail the basis thereof. Contractor's failure to protest Owner's decision within that time period shall constitute a waiver by Contractor of its right to dispute the decision. Even if a Claim arises, Contractor shall continue its performance of this Contract.
Sample 1
CLAIM NOTICE AND RESOLUTION PROCEDURE. In the event Associate has a claim or request for a time extension, additional compensation, any other adjustment of the Contract terms, or any dispute arising out of the Work (hereinafter "Claim"), Associate shall notify Company in writing within five (5) business days following the occurrence of the event giving rise to the Claim. Associate's failure to give notice as required will constitute a waiver of all of Associate's rights with respect to the Claim. As soon as practicable after Claim notification, Associate shall submit the Claim to Company with all supporting information and documentation. Associate shall also respond promptly to all Company inquiries about the Claim and its basis. Any Claim, which is not disposed of by mutual agreement between the Parties, shall be decided by Company, which shall provide a written decision to Associate. Such decision shall be final unless Associate, within thirty (30) calendar days after such receipt of Company's decision, provides to Company a written protest, stating clearly and in detail the basis thereof. It is agreed that Associate's failure to protest Company's decision shall constitute a waiver by Associate of its Claim. If after receipt of written protest a mutal agreement between the parties cannot be reached, Associate and Company agree to third party mediation to settle said claim. Even if a Claim arises, Associate shall continue its performance of this Contract.
Sample 1Sample 2
CLAIM NOTICE AND RESOLUTION PROCEDURE. In the event Contractor has a claim or request for a time extension, additional compensation, any other adjustment of the Contract terms (including without limitation claims with respect to any Force Majeure Event), or any dispute arising out of the Work (hereinafter “Claim”), Contractor shall provide Company with Notice of such Claim within five (5) business days following the occurrence of the event giving rise to the Claim. Contractor’s failure to give Notice as required will constitute a waiver of all of Contractor’s rights with respect to the Claim. As soon as practicable after Claim notification, but in no event less than ten (10) days thereafter, Contractor shall submit the Claim to Company with all supporting information and documentation. Contractor shall also respond promptly to all Company inquiries about the Claim and its basis. If Contractor fails to provide such Company Claim details within such period, such failure will constitute a waiver of all of Contractor’s rights with respect to the Claim. Any Claim, which is not disposed of by mutual agreement between the Parties, shall be decided by Company which shall provide a written Notice to Contractor. Such decision shall be final unless Contractor, within thirty (30) calendar days after such receipt of Company’s decision, provides to Company a written protest, stating clearly and in detail the basis thereof. Contractor’s failure to protest Company’s decision within that time period shall constitute a waiver by Contractor of its right to dispute the decision. Even if a Claim arises, Contractor shall continue its performance of the Work.
Sample 1Sample 2
CLAIM NOTICE AND RESOLUTION PROCEDURE. No change shall be binding upon Owner until a change order is executed by an authorized representative of Owner which EXPRESSLY STATES THAT IT CONSTITUTES A CHANGE ORDER TO THIS CONTRACT. THE ISSUANCE OF INFORMATION, ADVICE, APPROVALS, OR INSTRUCTIONS BY ANYONE OTHER THAN THE AUTHORIZED COMPANY REPRESENTATIVE SHALL NOT CONSTITUTE AN AUTHORIZED CHANGE ORDER PURSUANT TO THIS ARTICLE.
Sample 1

Related to CLAIM NOTICE AND RESOLUTION PROCEDURE

  • Governing Law and Resolution of Disputes 14.1 The execution, effectiveness, construction, performance, amendment and termination of this Agreement and the resolution of disputes hereunder shall be governed by the laws of China.

  • Methods of Resolution of Disputes In the event of any dispute with respect to the construction and performance of this Agreement, the Parties shall first resolve the dispute through friendly negotiations. In the event the Parties fail to reach an agreement on the dispute within 30 days after either Party’s request to the other Parties for resolution of the dispute through negotiations, either Party may submit the relevant dispute to the China International Economic and Trade Arbitration Commission for arbitration, in accordance with its arbitration rules. The arbitration shall be conducted in Beijing. The arbitration award shall be final and binding on all Parties.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Amicable Resolution (a) Save where expressly stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Agreement (the "Dispute") shall in the first instance be attempted to be resolved amicably in accordance with the procedure set forth in Clause 12.1 (b).

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Disputes Resolution 10:01 Jurisdictional disputes involving workers employed under this Collective Agreement shall henceforth be resolved under the provisions of the Canadian Jurisdictional Disputes Plan in accordance with its rules and regulations and without work stoppage, slow down or other lack of production, and it is further agreed that a jurisdictional dispute shall in no way interfere with the progress or prosecution of work.

  • Resolution of Discrepancies In the event of any discrepancy between the information set forth in any report provided by the Custodian to the Company and any information contained in the books or records of the Company, the Company shall promptly notify the Custodian thereof and the parties shall cooperate to diligently resolve the discrepancy.

  • Notice and Procedure Promptly after the Indemnified Party receives any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Sections 23.1 through 23.3 may apply, the Indemnified Party shall notify the Indemnifying Party in writing of such fact; provided, however, that the rights of the Indemnified Party shall not be forfeited by the failure to give the Indemnifying Party notice to the extent that said failure does not have a material and adverse effect on the defense of the matter. The Indemnifying Party shall assume on behalf of the Indemnified Party, and conduct with due diligence and in good faith, the defense thereof with counsel reasonably satisfactory to the Indemnified Party; provided, however, that the Indemnifying Party shall not settle any such action or investigation unless approved by the Indemnified Party (which approval shall not be unreasonably withheld). Notwithstanding the foregoing, (a) the Indemnified Party shall have the right to be represented in any such action or investigation by advisory counsel of its own selection and at its own expense, and (b) if the Indemnified Party shall have reasonably concluded that (i) there may be legal defenses available to it that are different from, or additional to, or inconsistent with, those available to the Indemnifying Party, or (ii) there exists a conflict of interest between the Indemnifying Party and the Indemnified Party, then, in either case, the Indemnified Party shall have the right to select separate counsel to participate in the defense of such action on its own behalf and the Indemnifying Party shall indemnify the Indemnified Party for the fees and expenses of such separate counsel. If any claim, action, proceeding or investigation arises as to which the indemnity provided for in Section 23.1, 23.2 or 23.3 applies and the Indemnifying Party fails to assume the defense of such claim, action, proceeding or investigation, then the Indemnified Party may, at the Indemnifying Party’s expense, contest or settle such claim, and the Indemnifying Party shall remain obligated to indemnify the Indemnified Party for any and all losses, damages, and liability (including, without limitation, attorneys’ fees and expenses) associated therewith. The payment of the indemnity pursuant to this Section 23.5 shall not be predicated on the Indemnified Party having made payment on any suit, action, loss, damage, claim or liability.

Time is Money Join Law Insider Premium to draft better contracts faster.