Common use of Claims and Disputes Clause in Contracts

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. 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 Xxx 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 Xxx 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. 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) calendar 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 Xxx 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 Xxx 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.