Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process: i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 19 contracts
Samples: Fence and Gate Repair/Maintenance Services Contract, Contract for Fence and Gate Repair/Maintenance Services, On Call Environmental Clean Up Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 24 by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 9 contracts
Samples: Water Quality Analytical Services Contract, Water Quality Analytical Services Contract, Contract for Water Quality Analytical Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2526. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 8 contracts
Samples: Water Quality Analytical Services Contract, Water Quality Analytical Services Contract, Water Quality Analytical Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. “22”, Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. : The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 6 contracts
Samples: On Call Public Relations Services, On Call Public Relations Services, On Call Public Relations Services
Contract Disputes. A. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision Nothing in this section shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of construed as affecting the County’s final decision right to terminate the Contract for cause or one year following the accrual of the cause of action, whichever is latertermination for convenience as stated in section K herein.
Appears in 5 contracts
Samples: Rental Haul Trucks With Operator, Rental Haul Trucks With Operator, Rental Haul Trucks With Operator
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the Contractor’s Supervisor CONTRACTOR’S Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY’S Project Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’S Purchasing Agent by way of the following process:
i. The Contractor CONTRACTOR shall submit to the County JWA assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s CONTRACTOR’S written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The Contractor’s CONTRACTOR’S failure to diligently proceed shall be considered a material breach of this ContractCONTRACT.
iv. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’S Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the Contractor’s CONTRACTOR’S demand, it shall be deemed a final decision adverse to the Contractor’s CONTRACTOR’S contentions. The County’s COUNTY’S final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s COUNTY’S final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 5 contracts
Samples: Exterior Landscape Maintenance Services Agreement, Exterior Landscape Maintenance Services Agreement, Exterior Landscape Maintenance Services Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s and/or District’s project manager as specified in Article 25. “27”, Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the CountyCounty and/or District, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County and/or District is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County and/or District shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County and/or District fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s and/or District’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s and/or District final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 5 contracts
Samples: Environmental Multi Purpose Maintenance Contract, Environmental Multi Purpose Maintenance Contract, Environmental Multi Purpose Maintenance Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 25, Notices, by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 5 contracts
Samples: Contract for Water Quality Analytical Services, Contract for Water Quality Analytical Services, Contract for Water Quality Analytical Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2513. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA) by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 4 contracts
Samples: Professional Services, Professional Plan Check and Related on Call Support Services, Professional Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. (i) The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
(ii. ) The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
(iii. ) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 4 contracts
Samples: Maintenance and Repair Agreement, Maintenance and Repair Agreement, Construction Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 26 by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 4 contracts
Samples: Janitorial Services Contract, Janitorial Services Contract, Janitorial Services Contract
Contract Disputes. A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 3 contracts
Samples: Contract for It Professional Help Services, It Professional Help Services Agreement, It Professional Help Services Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty and District‘s Inspector/Project Manager, such matter shall be brought to the attention of the County DPA and District Deputy Purchasing Agent (DPA), as specified in Article 33. Notices, by way of the following process:
i. The Contractor shall submit to the County and District DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the CountyCounty and District, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County and District is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County and District shall be expressly identified as such, shall be in writing, and shall be signed by the County and District DPA or his designee. If the County and District fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The CountyCounty and District’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCounty and District’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 3 contracts
Samples: Mitigation Maintenance Services Contract, Mitigation Maintenance Services Contract, Mitigation Maintenance Services Contract
Contract Disputes. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. a. The Contractor shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 3 contracts
Samples: Contract for Operations and Maintenance Services, Contract for Operations and Maintenance Services, Contract for Operations and Maintenance Services
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the ContractorCONTRACTOR’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY’S Project Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’s Purchasing Agent by way of the following process:
i. The Contractor a. CONTRACTOR shall submit to the County JWA assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractorb. CONTRACTOR’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The ContractorCONTRACTOR’s failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’s Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the ContractorCONTRACTOR’s demand, it shall be deemed a final decision adverse to the ContractorCONTRACTOR’s contentions. The CountyCOUNTY’s final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCOUNTY’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 3 contracts
Samples: Shuttle Services Agreement, Shuttle Services Agreement, Shuttle Services Agreement
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the Contractor’s Supervisor CONTRACTOR’S Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY’S Project Manager, such matter shall be brought to the attention of the County DPA COUNTY’S Purchasing Agent by way of the following process:
i. The Contractor CONTRACTOR shall submit to the County JWA assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s CONTRACTOR’S written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The Contractor’s CONTRACTOR’S failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’S Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the Contractor’s CONTRACTOR’S demand, it shall be deemed a final decision adverse to the Contractor’s CONTRACTOR’S contentions. The County’s COUNTY’S final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s COUNTY’S final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 3 contracts
Samples: Automated Teller Machine Services Agreement, Automated Teller Machine Services Agreement, Automated Teller Machine Services Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor District and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA OC Public Works, by way of the following process:
i. The Contractor District shall submit to the County DPA OC Public Works a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The ContractorDistrict’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor District shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor District believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this ContractContract and subject to Section 21, Termination, of this Agreement, which provides each Party to terminate this contract without penalty immediately with cause or after 45 days written notice with cause, the Contractor District agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of servicesservices up to the date of termination. The ContractorDistrict’s failure to diligently proceed up to the date of termination shall be considered a material breach of this Contract.
iv. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeea senior official of OC Public Works. If the County fails to render a decision within 90 days after receipt of the ContractorDistrict’s demand, it shall be deemed a final decision adverse to the ContractorDistrict’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor District commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 3 contracts
Samples: Contract Ma 080 11011725, Contract for Long Term Operation Services, Contract for Long Term Operation Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2518. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Fire Alarm System Maintenance Repair Contract, Fire Alarm System Maintenance and Repair Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Manager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. The : Contractor shall submit to the County agency/department DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after of receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Contract for Software Services, Contract for Software Licensing and Support
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager Project Manager as specified in Article 2529. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Contract for Portland Cement Concrete Maintenance and Repair Service, Aggregate Contract for Fuel Modification, Mowing/Discing, Fire Hazard and Weed Abatement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA County’s Purchasing Agent by way of the following process:
i. a. The Contractor shall submit to the County DPA agency/department deputy purchasing agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA County’s Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is laterjurisdiction.
Appears in 2 contracts
Samples: Consultant Services Agreement, Psychological Evaluation Services Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2523. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The a. Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The b. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Equipment Rental Without Operator, Equipment Rental Without Operator
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA County’s Purchasing Agent by way of the following process:
i. The a. Contractor shall submit to the County DPA agency/department deputy purchasing agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The b. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA County’s Purchasing Agent or his designee. If the County fails to render a decision within 90 ninety (90) days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is laterjurisdiction.
Appears in 2 contracts
Samples: Psychological Evaluation Services Agreement, Inmate Telephone Services Agreement
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the ContractorCONTRACTOR’s Supervisor Project Coordinator and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY‘s Project Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’s Purchasing Agent by way of the following process:
i. The Contractor a. CONTRACTOR shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractorb. CONTRACTOR’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The ContractorCONTRACTOR’s failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’s Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the ContractorCONTRACTOR’s demand, it shall be deemed a final decision adverse to the ContractorCONTRACTOR’s contentions. The CountyCOUNTY’s final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCOUNTY’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Lighting Maintenance Services Agreement, Lighting Maintenance Services Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Coordinator, such matter shall be brought to the attention of the County DPA County’s Purchasing Agent by way of the following process:
i. The Contractor shall submit to the County OC Waste & Recycling assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA County’s Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Contract for Hydroseeding Services, Contract for Hydroseeding Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 24, Notices, by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Software Support Services Agreement, Software License and Support Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager Contract Manager as specified in Article 25EE. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. : The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one (1) year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Janitorial Services Contract, Janitorial Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2522. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. (i) The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
(ii. ) The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
(iii. ) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Waste Water System Maintenance and Analysis Services, Waste Water System Maintenance and Analysis Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Contractor‟s Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty„s Project Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 26 by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s Contractor‟s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s Contractor‟s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s Contractor‟s demand, it shall be deemed a final decision adverse to the Contractor’s Contractor‟s contentions. The County’s County‟s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s County‟s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Contract for Landscape Maintenance Services, Landscape Maintenance Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii3. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Contract for Graffiti Removal Services, Contract for Graffiti Removal Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (“DPA”), as specified in article 20, “Notices,” by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faithfaith and in accordance with the executed contract, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Disaster Related Debris Removal Monitoring Services, Disaster Related Debris Removal Monitoring Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. (i) The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
(ii. ) The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
(iii. ) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: On Call Flooring Maintenance and Repair Services, On Call Flooring Maintenance and Repair Services
Contract Disputes. The Parties CONTRACTOR and ADMINISTRATOR shall deal in good faith and 32 attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising 33 under the terms of this Contract Agreement is not disposed of in a reasonable period of time by the Contractor34 CONTRATOR’s Supervisor Project Manager, or designee, and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Manager, or designee, such 35 matter shall be brought to the attention of the County DPA COUNTY by way of the following process:: 36 // 37 //
i. 1 1. The Contractor CONTRACTOR shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties agency/department assigned Contract 3 CONTRACTOR and ADMINISTRATOR arising under, related to, or involving this ContractAgreement, unless the County4 COUNTY, on its own initiative, has already rendered such a final decision.
ii5 2. The ContractorCONTRACTOR’s written demand shall be fully supported by factual information, and, 6 if such demand involves a cost adjustment to the Contractthis Agreement, the Contractor CONTRACTOR shall include with the 7 demand a written statement signed by a senior official indicating that the demand is made in good faith, 8 that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract 9 Agreement adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii10 3. Pending the final resolution of any dispute arising under, related to, or involving this Contract11 Agreement, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of servicesservices under this 12 Agreement. The ContractorCONTRACTOR’s failure to diligently proceed shall be considered a material breach 13 of this ContractAgreement.
14 4. Any final decision of the County COUNTY shall be expressly identified as such, shall be in 15 writing, and shall be signed by the County DPA ADMINISTRATOR, or his designee. If the County COUNTY fails to render a 16 decision within 90 ninety (90) calendar days after receipt of the ContractorCONTRACTOR’s demand, it shall be 17 deemed a final decision adverse to the ContractorCONTRACTOR’s contentions. The CountyCOUNTY’s final decision 18 shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a 19 court of competent jurisdiction to contest such decision within 90 ninety (90) days following the date of the County20 COUNTY’s final decision or one (1) year following the accrual of the cause of action, whichever is 21 later.
Appears in 2 contracts
Samples: Pharmacy Benefit Management Services Agreement, Pharmacy Benefit Management Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (“DPA”), as specified in article 20., “Notices,” by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faithfaith and in accordance with the executed contract, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Disaster Related Debris Management Services, Disaster Related Debris Management Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 25 by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Water Toxicity Testing Services, Water Toxicity Testing Services
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the ContractorCONTRACTOR’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY’s Project Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’s Purchasing Agent by way of the following process:
i. The Contractor a. CONTRACTOR shall submit to the County JWA assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractorb. CONTRACTOR’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The ContractorCONTRACTOR’s failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’s Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the ContractorCONTRACTOR’s demand, it shall be deemed a final decision adverse to the ContractorCONTRACTOR’s contentions. The CountyCOUNTY’s final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCOUNTY’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Janitorial Services Agreement, Custodial Maintenance Services Agreement
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the ContractorCONSULTANT and COUNTY’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’s Purchasing Agent by way of the following process:
i. The Contractor a. CONSULTANT shall submit to the County JWA assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractorb. CONSULTANT’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONSULTANT shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONSULTANT believes the County COUNTY is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONSULTANT agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The ContractorCONSULTANT’s failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’s Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the ContractorCONSULTANT’s demand, it shall be deemed a final decision adverse to the ContractorCONSULTANT’s contentions. The CountyCOUNTY’s final decision shall be conclusive and binding regarding the dispute unless the Contractor CONSULTANT commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCOUNTY’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 25 by way of the following process:
i. : The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 2 contracts
Samples: Contract for Water Toxicity Testing Services, Contract for Water Toxicity Testing Services
Contract Disputes. A. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision Nothing in this section shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of construed as affecting the County’s final decision right to terminate the Contract for cause or one year following the accrual of the cause of action, whichever is latertermination for convenience as stated in section Article 32. Termination herein.
Appears in 2 contracts
Samples: Contract for Stormwater Education and Outreach Services, Contract for Stormwater Education and Outreach Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager County’s Project Manager as specified in Article 25. Notices by way of the following processParagraph 18, “Notices”, such matter shall be brought to the attention of the County DPA by way of the following process:: Municipal Code Corp. dba MunicodeCivicPlus,LLC Codified Ordinance Supplemental Page
i. The (i) Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
(ii. The ) Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
(iii. ) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 ninety (90) calendar days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 ninety (90) calendar days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 26 by way of the following process:
i. : The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Janitorial Services Contract
Contract Disputes. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract contract is not disposed of in a reasonable period of time by the Contractorcontractor’s Supervisor project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. 1. The Contractor contractor shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contractcontract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractorcontractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contractcontract, the Contractor contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract contract adjustment for which the Contractor contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contractcontract, the Contractor contractor agrees to diligently proceed with the performance of this Contractcontract, including the delivery of goods and/or provision of services. The Contractorcontractor’s failure to diligently proceed shall be considered a material breach of this Contractcontract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractorcontractor’s demand, it shall be deemed a final decision adverse to the Contractorcontractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Esri License Agreement
Contract Disputes. The Parties A. PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the ContractorCONTRACTOR’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY‘s Project Manager, such matter shall be brought to the attention of the County DPA COUNTY Purchasing Agent by way of the following process:
i. The Contractor 1. CONTRACTOR shall submit to the County DPA agency/department Assigned Buyer a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii2. The ContractorCONTRACTOR’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. Pending X. Xxxxxxx the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The ContractorCONTRACTOR’s failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the ContractorCONTRACTOR’s demand, it shall be deemed a final decision adverse to the ContractorCONTRACTOR’s contentions.
C. CONTRACTOR has attached and referenced its XxxXxxxx.xxx NOMS Standard System Description (ASD) to outline general compliance to the desired features below. The County’s final decision shall With respect to questions about how a function or feature is processed, the ASD and specific reference sections will be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.default. See Attachment K.
Appears in 1 contract
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the Contractor’s Supervisor CONTRACTOR’S Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY’S Project Manager, such matter shall be brought to the attention of the County DPA COUNTY’S Purchasing Agent by way of the following process:
i. The Contractor a. CONTRACTOR shall submit to the County DPA agency/department deputy purchasing agent a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s b. CONTRACTOR’S written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The Contractor’s CONTRACTOR’S failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’S Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the Contractor’s CONTRACTOR’S demand, it shall be deemed a final decision adverse to the Contractor’s CONTRACTOR’S contentions. The County’s COUNTY’S final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is laterjurisdiction.
Appears in 1 contract
Samples: Jet Bridge and Baggage System Maintenance Services Agreement
Contract Disputes. A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute County of Orange County Procurement Office MA - 017- 12011683 22nd Century Staffing Inc. File #557986 between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Contract Disputes. a. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. The Contractor shall submit to the County agency/department assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 ninety (90) days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 ninety (90) days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Contract Disputes. A. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending X. Xxxxxxx the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision Nothing in this section shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of construed as affecting the County’s final decision right to terminate the Contract for cause or one year following the accrual of the cause of action, whichever is latertermination for convenience as stated in section Article 32. Termination herein.
Appears in 1 contract
Samples: Stormwater Education and Outreach Campaign Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA County’s Purchasing Agent by way of the following process:
i. The Contractor shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA County’s Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager County’s Project Manager as specified in Article 25. Notices by way of the following processParagraph 18, “Notices”, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The (i) Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
(ii. The ) Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
(iii. ) Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 ninety (90) calendar days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 ninety (90) calendar days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA DPA, by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Contract for Crane Inspection, Testing, Repair and Certification Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager Project Manager as specified in Article 2520. Notices by way of the following process“Notices”, such matter shall be brought to the attention of the County DPA by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Janitorial Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA County’s Purchasing Agent by way of the following process:
i. The Contractor shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA County’s Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Ecps Maintenance Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2521. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. : The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Storm Water Education and Outreach Services Campaign Services
Contract Disputes. A. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent by way of the following process:
i. 1. The Contractor shall submit to the County DPA agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii2. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending X. Xxxxxxx the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision Nothing in this section shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of construed as affecting the County’s final decision right to terminate the Contract for cause or one year following the accrual of the cause of action, whichever is latertermination for convenience as stated in section K herein.
Appears in 1 contract
Samples: Rental Haul Trucks With Operator
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager Project Manager as specified in Article 2529. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the CountyCounty and District, on its their own initiative, has have already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is and District are liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County and District shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails and District fail to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The CountyCounty and District’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCounty and District’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Channel Cleaning Services Contract
Contract Disputes. The Parties PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the ContractorCONTRACTOR’s Supervisor Project Coordinator and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY‘s Project Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’s Purchasing Agent by way of the following process:
i. The Contractor a. CONTRACTOR shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractorb. CONTRACTOR’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The ContractorCONTRACTOR’s failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’s Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the ContractorCONTRACTOR’s demand, it shall be deemed a final decision adverse to the ContractorCONTRACTOR’s contentions. The CountyCOUNTY’s final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the CountyCOUNTY’s final decision or one year following the accrual of the cause of action, whichever is later. If agreement cannot be reached through this application, either party may assert its other rights and remedies within this Agreement or within a court of competent jurisdiction. The County and the Contractor agree that, in the event of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under this Agreement, which are not affected by the dispute.
Appears in 1 contract
Samples: Price Agreement
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager Project Manager as specified in Article 2528. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Weed Abatement Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices Project Manager by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 ninety (90) days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision Nothing in this section shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of construed as affecting the County’s final decision right to terminate the Contract for Cause or one year following the accrual of the cause of action, whichever is laterTerminate for Convenience as stated in Section K herein.
Appears in 1 contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 2512. Notices “Notices” by way of the following process, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA) by way of the following process:
i. : The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Contract Ma 080 12010736
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Purchasing Agent by way of the following process:
i. a. The Contractor shall submit to the County agency/department DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good demPaandgies m1ad0e ion fgo3o0d faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 ninety (90) days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Off Site Data Storage and Retrieval Services Contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor project manager and the County‘s project manager as specified in Article 25. Notices by way of the following processmanager, such matter shall be brought to the attention of the County DPA County’s Purchasing Agent by way of the following process:
i. : The Contractor shall submit to the County DPA agency/department assigned buyer a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA County’s Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is laterjurisdiction.
Appears in 1 contract
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processCounty’s Project Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 23 by way of the following process:
i. a. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. b. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Contract for Neighborhood Preservation on Call Code Enforcement Services
Contract Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the ContractorDISCOVERY’s Supervisor Project Manager and the County‘s project manager as specified in Article 25. Notices by way of the following processProject Manager, such matter shall be brought to the attention of the County DPA Deputy Purchasing Agent (DPA), as specified in Article 22, Notices, by way of the following process:
i. The Contractor a. DISCOVERY shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision.
ii. The Contractorb. DISCOVERY’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor DISCOVERY shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor DISCOVERY believes the County is liable.
iii. c. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor DISCOVERY agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The ContractorDISCOVERY’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designeeDPA. If the County fails to render a decision within 90 days after receipt of the ContractorDISCOVERY’s demand, it shall be deemed a final decision adverse to the ContractorDISCOVERY’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor DISCOVERY commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.
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Samples: Contract
Contract Disputes. The Parties a. PARTIES shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract CONTRACT is not disposed of in a reasonable period of time by the Contractor’s Supervisor CONTRACTOR’S Project Coordinator and the County‘s project manager as specified in Article 25. Notices by way of the following processCOUNTY’S Project Coordinator, such matter shall be brought to the attention of the County DPA COUNTY’S Purchasing Agent by way of the following process:
i. The Contractor CONTRACTOR shall submit to the County agency/department assigned DPA a written demand for a final decision regarding the disposition of any dispute between the Parties PARTIES arising under, related to, or involving this ContractCONTRACT, unless the CountyCOUNTY, on its own initiative, has already rendered such a final decision.
ii. The Contractor’s CONTRACTOR’S written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the ContractCONTRACT, the Contractor CONTRACTOR shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract CONTRACT adjustment for which the Contractor CONTRACTOR believes the County COUNTY is liable.
iii. b. Pending the final resolution of any dispute arising under, related to, or involving this ContractCONTRACT, the Contractor CONTRACTOR agrees to diligently proceed with the performance of this ContractCONTRACT, including the delivery of goods and/or provision of services. The Contractor’s CONTRACTOR’S failure to diligently proceed shall be considered a material breach of this ContractCONTRACT. Any final decision of the County COUNTY shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA COUNTY’S Purchasing Agent or his designee. If the County COUNTY fails to render a decision within 90 days after receipt of the Contractor’s CONTRACTOR’S demand, it shall be deemed a final decision adverse to the Contractor’s CONTRACTOR’S contentions. The County’s COUNTY’S final decision shall be conclusive and binding regarding the dispute unless the Contractor CONTRACTOR commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s COUNTY’S final decision or one (1) year following the accrual of the cause of action, whichever is later.
Appears in 1 contract
Samples: Elevator & Escalator Maintenance Services Agreement