Common use of CONDITIONS PRECEDENT TO PURSUIT OF LEGAL REMEDIES Clause in Contracts

CONDITIONS PRECEDENT TO PURSUIT OF LEGAL REMEDIES. Before the Contractor may exercise any legal remedy it may have in relation to rights arising out of this Contract, it must comply fully and strictly with each of the applicable conditions below. Failure to comply fully and strictly with an applicable condition precedent bars the Contractor from exercising any legal remedies it may otherwise have in relation to this Contract until it complies with the condition precedent or the City knowingly and intentionally waives the condition precedent. 1. A Contractor must submit any dispute arising out of this Contract to the Contract Administrator and Purchasing Manager for adjustment. In doing so, it shall provide all relevant evidence that bears on the City’s liability for the amount claimed or responsibility to grant any non-monetary relief requested. Claims are forever barred unless (a) written notice of the Contractor’s intention to file a claim is given at the time of the occurrence or beginning of the work upon which the claim is based, whichever is earlier and (b) the claim and all relevant evidence that bears on the claim is submitted to the Contract Administrator and Purchasing Manager within 60 days of receipt of final payment. 2. Disputes by the Contractor with respect to this Contract shall be decided within fifteen (15) days from submission by the Purchasing Manager, who shall reduce his/her decision to writing, and mail or otherwise furnish a copy thereof to the Contractor. This decision shall be final and binding unless within five (5) days from the date of such decision the Contractor mails or otherwise furnishes the City Manager a written appeal. The City Manager shall consider the appeal and render his or her written decision within seventy (70) days. The decision of the City Manager shall be final and binding unless set aside by a court of competent jurisdiction as fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or as not supported by any evidence. Pending a final determination of the claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the decision of the Purchasing Manager or the City Manager, as the case may be. 3. The City does not have administrative appeals procedures under Virginia Code § 2.2-4365.