Common use of CLAIMS AND NOTICE OF CLAIMS Clause in Contracts

CLAIMS AND NOTICE OF CLAIMS. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief. Claims by either Party must be initiated by written or e-mail notice to the other Party. Claims by either Party must be initiated within 21 days after occurrence of an event giving rise to such claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. The responsibility to substantiate Claims shall rest with the Party making the claim. A timely notice of claim is required as a condition precedent to the commencement of an action against the other Party. ATTORNEY'S FEES Concerning attorney fees and costs, the provisions of RCW 4.84.250 through 4.84.300 shall apply, except as provided herein. The maximum dollar limitation in RCW 4.84.250 shall not apply. In applying RCW 4.84.280, the time period for serving offers of settlement on the adverse Party shall be the period not less than 30 days and not more than 120 days after completion of the service and filing of the summons and complaint. An offer of settlement shall expire 10 days after service of the offer of settlement, unless accepted before then. For the plaintiff to be eligible for an award of attorney fees and costs, the recovery to plaintiff, after the netting of claims and counterclaims, and exclusive of costs, must be more than the amount offered in settlement by the plaintiff. For the defendant to be eligible for an award of attorney fees and costs, the recovery to plaintiff, after the netting of claims and counterclaims, and exclusive of costs, must be either zero or less than the amount offered in settlement by the defendant. The parties hereby waive any and all other rights to attorney fees and costs that they may have whether from statute or common law.