Common use of Contract Resolution Clause in Contracts

Contract Resolution. The Owner agrees to reimburse Grantek for any costs incurred in enforcing this Agreement including but not limited to those of an attorney. When a dispute arises as the result of this Agreement that cannot be resolved in the normal course of business, Grantek or the Owner must provide written notice outlining the nature of the dispute. Grantek and the Owner will attempt in good faith to resolve the dispute promptly by negotiation between executives who have sufficient authority to settle the dispute. Grantek and the Owner agree to seek the services a mutually agreeable non-binding conciliator or mediator to resolve the dispute if sixty (60) days have passed without a resolution agreed to by both parties. The Owner agrees that disputes involving third-party services requiring Grantek’s expertise to resolve but beyond Grantek’s scope of supply will be treated on a cost-plus basis. Grantek is an equal opportunity employer and has instituted an affirmative action program. Grantek provides its employees, sub-contractors and therefore its Owner s with an industry-leading health, safety and environment program. The Owner agrees to provide Grantek’s employees and its agents with a safe working environment. Furthermore, the Owner agrees, at their cost, to provide adequate safety, health and environmental training (including, but not limited to: site orientation, WHMIS, GMP/cGMP, HACCP and clean room access training). The Owner will also supply all specialized clean room or Personal Protective Equipment (PPE) in good working order and also provide adequate training on the use of the aforementioned equipment. The Owner agrees to notify Grantek in advance of any confined space entry requirements or working at height requirements associated with this project. Grantek personnel require access to adequate fall safety equipment when working at heights as covered by US law. The Owner also agrees to notify Grantek in advance of any environmental situations such as the requirement for self-contained breathing apparatus, extreme cold, extreme heat, work in pressurized areas, work in de-pressurized areas, oxygen levels below 19.5% or above 22.0% or the presence of noxious gases. In particular, the Owner also agrees that electronic equipment normally used by Grantek personnel is not rated for hazardous environments or clean rooms or other GMP/cGMP areas and any specialized equipment must be furnished by the Owner or hired by Grantek as part of the scope of the project. The Owner agrees to take reasonable precautions in protecting Grantek and its agents from unusual conditions that may result from working in a construction or other project zone such as debris, paint or other contaminants. For summer work when HVAC systems are not yet commissioned, reasonable efforts will be made to provide for re-circulation of air and adequate access to drinking water. Similarly, for winter work similar provisions will be made to provide access to portable heaters. The Owner agrees to take a reasonable and rational approach with regards to enforcing their Safety, Health and Environmental policies at their facility in regards to Grantek and its agents. This includes, but is not limited to, extra verbal advice on use of PPE or other safety procedures unique to its site. The Owner agrees to protect Grantek work zones from incursion by other persons not familiar with site safety including but not limited to machine safety and electrical safety (particularly during commissioning when machine guarding and panel doors are not in place or are by-passed). The Owner also agrees that normal safety rules applying to its facility may not necessarily apply including, but not limited, to by-passing of machine guarding, open panel doors, disabled safety circuits and disabled fusing. The Owner agrees that circumvention of Safety, Health and Environmental safeguards in equipment supplied by Grantek as the result of negligence, misuse, unauthorized modification, inadequate maintenance or other factors nullify any liability or warranty claims made against Grantek. The Owner agrees that after the review and approval of the Functional Specification associated with this project that any design or associated Safety, Health and Environment items are cost-plus extras. As such, at time of contract quotation, the Owner will explicitly list all federal, state, municipal or other regulations that govern the use of equipment associated with this project. The Owner agrees to furnish Grantek copies of aforementioned regulations for use during the project design. Grantek does not assume any responsibility for compliance with regulations outside of its direct scope of supply. Conformance with regulatory changes initiated after the approval of the Functional Specification or as the result of the re-location of equipment is the responsibility of the Owner. The Owner agrees to provide Grantek staff with adequate facilities while on site including but not limited to access to first aid facilities, potable water, toilet facilities, shower facilities (if required), a break/lunch room and safe storage for tools, laptops and allied equipment. If the Owner is unable to undertake such an agreement, then they agree to compensate Grantek for the hire of a project trailer, lockers or equivalent including any fees for electricity, Internet access and waste disposal.

Contract Resolution. The Owner agrees to reimburse Grantek for any costs incurred in enforcing this Agreement including but not limited to those of an attorney. When a dispute arises as the result of this Agreement that cannot be resolved in the normal course of business, Grantek or the Owner must provide written notice outlining the nature of the dispute. Grantek and the Owner will attempt in good faith to resolve the dispute promptly by negotiation between executives who have sufficient authority to settle the dispute. Grantek and the Owner agree to seek the services a mutually agreeable non-non- binding conciliator or mediator to resolve the dispute if sixty (60) days have passed without a resolution agreed to by both parties. The Owner agrees that disputes involving third-party services requiring Grantek’s expertise to resolve but beyond Grantek’s scope of supply will be treated on a cost-plus basis. Grantek is an equal opportunity employer and has instituted an affirmative action program. Grantek provides its employees, sub-contractors and therefore its Owner s with an industry-leading health, safety and environment program. The Owner agrees to provide Grantek’s employees and its agents with a safe working environment. Furthermore, the Owner agrees, at their cost, to provide adequate safety, health and environmental training (including, but not limited to: site orientation, WHMIS, GMP/cGMP, HACCP and clean room access training). The Owner will also supply all specialized clean room or Personal Protective Equipment (PPE) in good working order and also provide adequate training on the use of the aforementioned equipment. The Owner agrees to notify Grantek in advance of any confined space entry requirements or working at height requirements associated with this project. Grantek personnel require access to adequate fall safety equipment when working at heights as covered by US law. The Owner also agrees to notify Grantek in advance of any environmental situations such as the requirement for self-contained breathing apparatus, extreme cold, extreme heat, work in pressurized areas, work in de-pressurized areas, oxygen levels below 19.5% or above 22.0% or the presence of noxious gases. In particular, the Owner also agrees that electronic equipment normally used by Grantek personnel is not rated for hazardous environments or clean rooms or other GMP/cGMP areas and any specialized equipment must be furnished by the Owner or hired by Grantek as part of the scope of the project. The Owner agrees to take reasonable precautions in protecting Grantek and its agents from unusual conditions that may result from working in a construction or other project zone such as debris, paint or other contaminants. For summer work when HVAC systems are not yet commissioned, reasonable efforts will be made to provide for re-circulation of air and adequate access to drinking water. Similarly, for winter work similar provisions will be made to provide access to portable heaters. The Owner agrees to take a reasonable and rational approach with regards to enforcing their Safety, Health and Environmental policies at their facility in regards to Grantek and its agents. This includes, but is not limited to, extra verbal advice on use of PPE or other safety procedures unique to its site. The Owner agrees to protect Grantek work zones from incursion by other persons not familiar with site safety including but not limited to machine safety and electrical safety (particularly during commissioning when machine guarding and panel doors are not in place or are by-passed). The Owner also agrees that normal safety rules applying to its facility may not necessarily apply including, but not limited, to by-passing of machine guarding, open panel doors, disabled safety circuits and disabled fusing. The Owner agrees that circumvention of Safety, Health and Environmental safeguards in equipment supplied by Grantek as the result of negligence, misuse, unauthorized modification, inadequate maintenance or other factors nullify any liability or warranty claims made against Grantek. The Owner agrees that after the review and approval of the Functional Specification associated with this project that any design or associated Safety, Health and Environment items are cost-plus extras. As such, at time of contract quotation, the Owner will explicitly list all federal, state, municipal or other regulations that govern the use of equipment associated with this project. The Owner agrees to furnish Grantek copies of aforementioned regulations for use during the project design. Grantek does not assume any responsibility for compliance with regulations outside of its direct scope of supply. Conformance with regulatory changes initiated after the approval of the Functional Specification or as the result of the re-location of equipment is the responsibility of the Owner. The Owner agrees to provide Grantek staff with adequate facilities while on site including but not limited to access to first aid facilities, potable water, toilet facilities, shower facilities (if required), a break/lunch room and safe storage for tools, laptops and allied equipment. If the Owner is unable to undertake such an agreement, then they agree to compensate Grantek for the hire of a project trailer, lockers or equivalent including any fees for electricity, Internet access and waste disposal.