Claims Presentation Sample Clauses

Claims Presentation. For all claims arising from or related to this agreement, nothing in this agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division
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Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.1.1 If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Guaranteed Maximum Price and/or Contract Time, with a description of the grounds therefore. 25.4.1.2 Within thirty (30) days after serving the written Notice of Potential Claim, Developer shall provide a Claim including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or Contract Time, as provided below, including a Time Impact Analysis and any and all other documentation substantiating Developer’s claimed damages: 25.4.1.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.4.1.2.2 Citation to provisions in the Contract Documents, statute sections, and/or case law entitling Developer to an increase in the Guaranteed Maximum Price or Contract Time; 25.4.1.2.3 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; 25.4.1.2.4 The Time Impact Analysis of all time delays that shows actual time impact on the critical path; and 25.4.1.2.5 The line-item costs for labor, material, and/or equipment, if applicable, for all cost impacts priced like a change order according to Article 17 and must be updated monthly as to cost and entitlement if a continuing claim. 25.4.1.3 The Claim shall include the following certification by Developer: 25.4.1.3.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.4.1.3.2 Furthermore, Xxxxxxxxx understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirec...
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Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Contract Price and/or Contract Time, with a description of the grounds therefore.
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Claims Presentation. 25.3.1 If Developer intends to apply for an increase in the Guaranteed Maximum Price or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim in writing, including an itemized statement of the details and amounts of its Claim for any increase in the Guaranteed Maximum Price or time requested, including a Schedule Analysis and any and all other documentation substantiating Developer’s claimed damages. Otherwise, Developer shall have waived and relinquished its dispute against the District and Developer's claims for compensation or an extension of time shall be forfeited and invalidated. 25.3.2 The Claim shall identify: 25.3.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 25.3.2.2 The pertinent dates and/or durations and actual and/or anticipated effects on the Guaranteed Maximum Price, Contract Schedule milestones and/or Contract Time adjustments; and 25.3.2.3 The line-item costs for labor, material, and/or equipment, if applicable; or 25.3.2.4 A request by Xxxxxxxxx, if any, to waive the claims procedure under Public Contract Code section 9204 and proceed directly to the commencement of a civil action or binding arbitration. 25.3.3 The Claim shall include the following certification by Developer: 25.3.3.1 The undersigned Developer certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which Xxxxxxxxx believes the District is liable; and that I am duly authorized to certify the claim on behalf of Developer. 25.3.3.2 Furthermore, Developer understands that the value of the attached dispute expressly includes any and all of Developer’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project. Any costs, expenses, damages, or time extensions not included are deemed waived.
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Claims Presentation. For all claims arising from or related to this Agreement, nothing in this Agreement establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 26 28 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Article 6
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Claims Presentation. 13.3.1 If DBE intends to apply for an increase in the NTE Amount or Contract Time for any reason including, without limitation, the acts of District or its agents, DBE shall, within thirty (30) days after the event giving rise to the 13.3.2 The Claim shall identify: 13.3.2.1 The issues, events, conditions, circumstances and/or causes giving rise to the dispute; 13.3.2.2 The pertinent dates and/or durations and actual and/or anticipated effects on the NTE Amount, Project Schedule Milestones and/or Contract Time adjustments; and 13.3.2.3 The line-item costs for labor, material, and/or equipment, if applicable; or 13.3.2.4 A request by DBE, if any, to waive the claims procedure under Public Contract Code section 9204 and proceed directly to the commencement of a civil action or binding arbitration. 13.3.3 The Claim shall include the following certification by the DBE: 13.3.3.1 The undersigned DBE certifies under penalty of perjury that the attached dispute is made in good faith; that the supporting data is accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the adjustment for which DBE believes the District is liable; and that I am duly authorized to certify the claim on behalf of the DBE. 13.3.3.2 Furthermore, DBE understands that the value of the attached dispute expressly includes any and all of the DBE’s costs and expenses, direct and indirect, resulting from the Work performed on the Project, additional time required on the Project and/or resulting from delay to the Project. Any costs, expenses, damages, or time extensions not included are deemed waived.
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Claims Presentation. 25.4.1 Form and Contents of Claim 25.4.2If Developer intends to submit a Claim for an increase in the Guaranteed Maximum Price and/or Contract Time for any reason including, without limitation, the acts of District or its agents, Developer shall, within thirty (30) days after the event giving rise to the Claim, give notice of the Claim (“Notice of Potential Claim”) in writing, specifically identifying Developer is invoking this Article 25 Claims Presentation. The Notice of Potential Claim shall provide Developer’s preliminary request for an adjustment to the Contract Price and/or Contract Time, with a description of the grounds therefore.
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Claims Presentation. For all claims arising from or related to this MOU, nothing in 10 this MOU establishes, waives, or modifies any claims presentation requirements or procedures 11 provided by law, including the Government Claims Act (Government Code, section 810 et seq.).
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Claims Presentation. If ESCO intends to invoke this Section 8.9.2 for purposes of presenting a Claim for any reason, including for an increase in the Contract Sum or Contract Time (provided that any Claim for an increase in Contract Sum or Contract Time must first be submitted in accordance with the “Changes” provisions of Article 4, ESCO shall, within thirty (30) days after the event giving rise to the Claim or becoming aware thereof, give notice of the Claim in writing by registered mail or certified mail with return receipt requested, specifically identifying that ESCO is invoking this Claims presentation provision. Notwithstanding the foregoing, if ESCO first presents a request for an increase in Contract Sum or Contract Time in accordance the “Changes” provisions of Article 4, the thirty (30)-day time period for presenting Claims hereunder shall begin (i) upon ESCO’s receipt of written notice from the District indicating that the District is denying all or part of such request or, (ii) if the District fails to respond to such request within the thirty (30)-day time period required by the “Changes” provisions of Article 4, the time period for presenting Claims hereunder shall begin on the thirty-first (31st) day following ESCO’s delivery of such request.
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Related to Claims Presentation

  • Grievance Representation (A) An employee who decides to use this grievance procedure shall indicate at Step 1 (or other initial written step as authorized by the provisions of this Article) whether he shall be represented by the Union. If a grievant selects a Union Grievance Representative to represent him in a grievance which has been properly filed in accordance with this Article, the Union Grievance Representative may be allowed a reasonable amount of annual leave to investigate the grievance. Such annual leave shall be subject to prior approval by the Union Grievance Representative’s immediate supervisor; however, approval of such leave will not be withheld if the Union Grievance Representative can be allowed such time off without interfering with, or unduly hampering the operations of the unit to which the Union Grievance Representative is regularly assigned. When a grievant has elected Union representation, both the grievant and the Union Grievance Representative shall be notified of a Step 1 meeting. Written communication concerning the grievance or its resolution shall be sent to the grievant and the Union Grievance Representative, and the decision agreed to by the state and the Union shall be binding on the grievant. (B) If the employee is not represented by the Union, an adjustment of the grievance shall be consistent with the terms of this collective bargaining Agreement. The Union shall be given reasonable opportunity to be present at a meeting called for the resolution of such grievance. A grievant using this procedure in the processing of a grievance will be bound by the procedure established by the parties to the Agreement. (C) The Executive Director of the Union shall furnish to the state a list of Union Representatives and the state will not recognize a person as a Union Representative whose name does not appear on the list. (D) If a grievance meeting, mediation, or arbitration hearing is held or requires reasonable travel time during the work hours of grievant, a representative of the grievant, or any required witnesses, such hours shall be deemed time worked. Attendance at grievance meetings, mediation, or arbitration hearings outside of a participant’s regular work hours shall not be deemed time worked. The state will not pay the expenses of participants attending such meetings on behalf of the Union.

  • False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract.

  • Joint Representations Each party represents and warrants, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (A) It is a corporation, partnership, trust, or other entity duly organized and validly existing in good standing under the laws of the jurisdiction in which it is organized. (B) To the extent required by Applicable Law (defined below), it is duly registered with all appropriate regulatory agencies or self-regulatory organizations and such registration will remain in full force and effect for the duration of this Agreement. (C) For the duties and responsibilities under this Agreement, it is currently and will continue to abide by all applicable federal and state laws, including, without limitation, federal and state securities laws; regulations, rules, and interpretations of the SEC and its authorized regulatory agencies and organizations, including FINRA; and all other self-regulatory organizations governing the transactions contemplated under this Agreement (collectively, “Applicable Law”). (D) It has duly authorized the execution and delivery of this Agreement and the performance of the transactions, duties, and responsibilities contemplated by this Agreement. (E) This Agreement constitutes a legal obligation of the party, subject to bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting the rights and remedies of creditors and secured parties. (F) Whenever, in the course of performing its duties under this Agreement, it determines that a violation of Applicable Law has occurred, or that, to its knowledge, a possible violation of Applicable Law may have occurred, or with the passage of time could occur, it shall promptly notify the other party of such violation.

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