CLAIMS AND ACTIONS THEREON. Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any action, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided.
CLAIMS AND ACTIONS THEREON. A. No action at law or proceeding in equity against the City or Department shall lie or be maintained upon any claim based upon this Agreement or arising out of this Agreement or in any way connected with this Agreement unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, all as herein provided.
B. No action at law or proceeding in equity shall lie or be maintained against the Department or the City upon any claim based upon this Agreement or arising out of this Agreement unless such action shall be commenced within six (6) months after the date of final payment hereunder, or within six (6) months of termination or conclusion of this Agreement, or within six (6) months of accrual of the cause of action, whichever is earliest.
C. In the event any claim is made or any action brought in any way relating to the Agreement herein, the Contractor shall diligently render to the Department and/or the City of New York without additional compensation any and all assistance which the Department and/or the City of New York may require of the Contractor.
D. The Contractor shall report to the Department in writing within three (3) working days of the initiation by or against the Contractor of any legal action or proceeding in connection with or relating to this Agreement.
CLAIMS AND ACTIONS THEREON. 87.1. Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any lawsuit, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided.
87.2. Nor shall any lawsuit be instituted or maintained on any such claims unless such lawsuit is commenced within six (6) months after the date the Commissioner issues a Certificate of Substantial Completion pursuant to Article 75; except that:
87.2.1. Any claims arising out of events occurring after the date the Commissioner issues a Certificate of Substantial Completion and before Final Acceptance of the Work shall be asserted within six (6) months of Final Acceptance of the Work;
87.2.2. Any claims for monies deducted, retained or withheld under the provisions of this Contract shall be asserted within six (6) months after the date when such monies becomes due and payable hereunder; and
87.2.3. If the Commissioner exercises his/her right to terminate the Contract pursuant to Article 95, any such lawsuit shall be commenced within six (6) months of the date the Commissioner exercises said right.
CLAIMS AND ACTIONS THEREON. 7.2.1 No action shall lie or be maintained against the Corporation, NYC Health + Hospitals or the City by the Contractor upon any claims based upon this Agreement unless such action shall be commenced within six months of the termination or expiration of this Agreement, or within six months after the accrual of the cause of action, whichever is earliest.
7.2.2 If any claim is brought relating to this Agreement, the Contractor shall diligently render to the Corporation, NYC Health + Hospitals and/or the City any assistance that they may reasonably require.
7.2.3 The Contractor shall report to the Corporation in writing within three business days of the initiation by or against the Contractor of any legal action or proceeding in connection with or relating to this Agreement.
CLAIMS AND ACTIONS THEREON. 74.1. Any claim, that is not subject to dispute resolution under the PPB Rules or this Contract, against the City for damages for breach of Contract shall not be made or asserted in any action, unless the Contractor shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, as herein before provided.
74.2. Nor shall any action be instituted or maintained on any such claims unless such action is commenced within six (6) months after the date of Final Acceptance of the Work; except that:
74.2.1. Any claims for monies deducted, retained or withheld under the provisions of this Contract shall be asserted within six (6) months after the date when such monies otherwise become due and payable hereunder; and
74.2.2. If the Commissioner exercises his/her right to terminate the Contract pursuant to Article 82, any such action shall be commenced within six (6) months of the date the Commissioner exercises said right.
CLAIMS AND ACTIONS THEREON. 1. No action at law or proceeding in equity against MetroPlus shall lie or be maintained upon any claims based upon this Agreement or arising out of this Agreement or in any way connected with this Agreement unless Contractor shall have strictly complied with all requirements relating to the giving of notice and information with respect to such claims, all as herein provided, and
2. If any claim is made or any action brought in any way relating to this Agreement, Contractor shall diligently render to MetroPlus, HHC and/or the City any assistance that they may reasonably require of Contractor.
3. Contractor shall report to MetroPlus in writing within three (3) working days of the initiation by or against Contractor of any legal action or proceeding in connection with or relating to this Agreement.
4. No claim whatsoever shall be made by Contractor against any officer, agent or employee of MetroPlus, HHC or City for, or on account of, anything done or omitted in connection with this Agreement.
CLAIMS AND ACTIONS THEREON. The March 2017 version revises Article 56.2.2 concerning the time to commence an action arising out of the Commissioner’s exercise of his/her right to complete punch list or unsatisfactory work. • ARTICLE 78 - EXAMINATION AND VIEWING OF SITE, CONSIDERATION OF OTHER SOURCES OF INFORMATION AND CHANGED SITE CONDITIONS: The March 2017 version adds a new Article 78 requiring pre-bid viewing of the site and allowing the contractor to obtain a change order for extra work due to changed subsurface conditions.
CLAIMS AND ACTIONS THEREON. 48.1 No claim by the Construction Manager or any of its Subcontractors or suppliers against CUCF for damages for breach of contract or compensation for Extra Work shall be made or asserted in any action or proceeding at law or in equity, unless the Construction Manager shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims as provided in this Agreement.
48.2 No action or proceeding shall be instituted or maintained on any claims unless such action or proceeding be commenced within six (6) months after the date of the filing of the final payment voucher pursuant to this Agreement; except that an action or proceeding on a claim for moneys deducted, retained or withheld under the provisions of this Agreement or by law, must be commenced within six (6) months after the date of final payment hereunder or after such moneys become due and payable hereunder, whichever is later, and, further, except that an action or proceeding on a claim based upon the Director's exercise of the right to terminate this Agreement for cause must be commenced within six (6) months after the date on which CUCF terminates this Agreement for cause.
CLAIMS AND ACTIONS THEREON. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys’ fees, expert witness fees and legal expenses as shall be fixed by a court of competent jurisdiction. This Agreement shall be governed by the laws of the State of California.
CLAIMS AND ACTIONS THEREON. 36.1 No action at law or proceeding in equity against the City shall lie or be maintained upon any claim based upon this License or arising out of this License or in any way connected with this License unless Licensee shall have strictly complied with all requirements relating to the giving of notice and of information with respect to such claims, all as herein provided.
36.2 No action shall lie or be maintained against the City hereto by Licensee upon any claims based upon this License unless such action shall be commenced within six (6) months of the termination or conclusion of this License, or within six (6) months after the accrual of the cause of action, whichever first occurs.
36.3 In the event any claim is made or any action brought in any way relating to the License herein, other than an action or proceeding in which Licensee and the City are adverse parties, Licensee shall diligently render to the City of New York, without additional compensation, any and all assistance which the City may require of Licensee.
