Claims and Disputes. A. Claims by the CONTRACTOR must be made in writing to the COUNTY within two (2) business days, unless another provision of this Agreement sets forth a different time frame, after the commencement of the event giving rise to such claim or the CONTRACTOR will be deemed to have waived the claim. All claims will be priced in accordance with the section in this document entitled “Changes in the Scope of Services”.
B. The CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim.
C. Claims by the CONTRACTOR will be resolved in the following manner: (1) Upon receiving the claim and supporting data, the COUNTY will within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY will specify the grounds for denial. The CONTRACTOR will then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is.
Claims and Disputes. A. Claims by CONTRACTOR shall be made in writing to the COUNTY within two (2) business days after the commencement of the event giving rise to such claim or CONTRACTOR shall be deemed to have waived the claim. All claims shall be priced in accordance with the section in this document entitled “Changes in Work”.
B. CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim.
C. Claims by CONTRACTOR shall be resolved in the following manner:
1) Upon receiving the claim and supporting data, the COUNTY shall within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY shall specify the grounds for denial. The CONTRACTOR shall then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is.
2) If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator shall be mutually selected by the parties and each party shall pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONTRACTOR may bring an action in a court of competent jurisdiction in and for Lake County, Florida.
D. Claims by the COUNTY against CONTRACTOR shall be made in writing to the CONTRACTOR as soon as the event leading to the claim is discovered by the COUNTY. CONTRACTOR shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY shall have the option to submit the matter to mediation as set forth in (C)(2) above.
E. Arbitration shall not be considered as a means of dispute resolution. F. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve CONTRACTOR of its duty to perform or give rise to any right to damages or additional compensation from the COUNTY. CONTRACTOR expressly acknowledges and agrees that CONTRACTOR shall receive no damages for delay. This provision...
Claims and Disputes. 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1
Claims and Disputes. A. A Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between the County and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
B. Claims by the Contractor shall be made in writing to the County within forty-eight
Claims and Disputes. 1. The Follower and the Trader shall first endeavor to settle any claim or dispute related to technical regulations of the ForexCopy system by email communication with the Company and shall maintain in confidentiality all information related to the claim or dispute before it has been settled.
2. The Company shall consider all claims or disputes related to the functioning of the ForexCopy system within 30 days after it has been received. The Company will not consider any claim or dispute related to losses resulting from Trader's activities on Forex market.
3. All claims and disputes shall be subject to the present Agreement and a rule of reason in case any aspect of the ForexCopy system is insufficiently set forth herein.
Claims and Disputes. A-22 14. OTHER WORK ........................................................................................................... A-23 15. INSURANCE............................................................................................................... A-24 16. WAIVER OF SUBROGATION.................................................................................. A-27 17. INDEMNIFICATION.................................................................................................. A-28 18. CLEANUP AND PROTECTIONS ............................................................................. A-28 19. ASSIGNMENT............................................................................................................ A-29 20. PERMITS, LICENSES AND TAXES ........................................................................ A-29 21. TERMINATION FOR DEFAULT.............................................................................. A-31 22. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION ............. A-32 23. COMPLETION............................................................................................................ A-33 24. WARRANTY .............................................................................................................. A-34 25. TESTS AND INSPECTIONS...................................................................................... A-35 26. DEFECTIVE WORK................................................................................................... A-36 27. SUPERVISION AND CONSTRUCTION CONTRACTOR’S 37. MARKET ANALYSIS AND SOLICITATION OF BIDS ......................................... A-48 38. SURVIVAL ................................................................................................................. A-49 39. SECURING AGREEMENT........................................................................................ A-50 40. PUBLIC ENTITY CRIMES ........................................................................................ A-50 41. EQUAL EMPLOYMENT OPPORTUNITY/NON- DISCRIMINATION/MWBE/LDB/VBE AND APPRENTICESHIP PROGRAM .... A-51 EXHIBIT B SUPPLEMENTAL TERMS AND CONDITIONS B-1 EXHIBIT C FORM OF PAYMENT BOND............................................................................. C-1 EXHIBIT D FORM OF PERFORMANCE BOND .................................................................. D-1 EXHIBIT E INSURANCE REQUIREMENTS .................................................................
Claims and Disputes. 7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim.
7.1.2 If for any reason the Design-Builder believes that additional cost or Contract time is due to the Design-Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design-Builder must notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost or Contract time. The Design-Builder must maintain strict accounting of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim.
7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier.
7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design-Builder will, within ten calendar days, submit Design- Builder’s written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim.
7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents.
7.1.6 The acceptance of final payment by Design-Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design- Builder’s final Application for Payment.
7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from:
7.1.7.1 Latent d...
Claims and Disputes. 10.1 In the event of a dispute or claim arising out of this Agreement, the Design- Build Firm shall notify the County and County’s Representative in writing within forty eight (48) hours after the first day of the event giving rise to such claim or dispute or else the Design-Build Firm shall be deemed to have waived the claim or dispute. Written supporting data shall be submitted to the County and County’s Representative within fifteen (15) days after the occurrence of the event, unless the County grants additional time in writing, or else the Design-Build Firm shall be deemed to have waived the claim or dispute.
10.2 In the event of a dispute or claim arising out of this Agreement, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter into mediation in Lee County, Florida, with the parties sharing equally in the cost of such mediation.
10.3 In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below.
10.4 Any dispute, action or proceeding arising out of or related to this Agreement shall be exclusively commenced in the state courts of Lee County, Florida, or where proper subject matter jurisdiction exists, in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, including any objection based on forum non conveniens.
10.5 This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.
10.6 The Design-Build Firm shall proceed diligently with its performance as directed by the County, regardless of any pending claim, action, suit or administrative proceeding, unless otherwise agreed to by the County in writing. The County shall continue to make payments in accordance with the Contract Documents during the pendency of any claim.
Claims and Disputes. 16.1 As used herein, a Claim is a demand or assertion by one of the parties to this Agreement seeking, as a matter of right, adjustment or interpretation of the Agreement terms, payment of money, extension of time or other relief, with respect to the terms of the Agreement. The term "Claim" also may include other disputes and matters in question between City and Consultant arising out of or relating to this Agreement. Claims shall be initiated by notice to the other party electronically through PRIMELink. A Claim of Consultant, whether for additional compensation, additional time or other relief, shall be sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind Consultant by his signature) of Consultant, verifying the truth and accuracy of the Claim. The responsibility to substantiate Claims shall rest with the party making the Claim.
16.2 A Claim by either Consultant or City shall be initiated electronically through PRIMELink and sent to the other party within twenty-one (21) days after the occurrence of the event giving rise to such Claim.
16.3 Pending final resolution of a Claim, except as otherwise agreed upon in writing, Consultant shall proceed diligently with performance of a Task Order and this Agreement and City shall continue to make payments to Consultant in accordance with this Agreement.
16.4 If Consultant wishes to make a Claim for an increase in the time for performance, notice to City through PRIMELink, as stated in this Section XVI herein, shall be given. Consultant's Claim shall include an estimate of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.
16.5 Except as otherwise provided in this Agreement, in calculating the amount of any Claim or any measure of damages for breach of contract (such provision to survive any termination following such breach), the following standards shall apply to claims by both Consultant and City:
16.5.1 No consequential damages shall be allowed.
16.5.2 Damages are limited to any extra costs specifically shown to have been directly caused by a proven wrong for which the other party is claimed to be responsible.
16.5.3 No profit will be allowed on any damage claim.
16.6 Nothing in this Section XVI shall be construed to waive City’s Governmental Immunity from a lawsuit, which Governmental Immunity expressly is retained to the extent it is not clearly and unambiguously waived by State law...
Claims and Disputes. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight
