CONTRACTOR Appeal. If CONTRACTOR acts in good faith to ensure their staff and programs completely comply with all COUNTY’S direction and requirements, and audit exceptions are result of following COUNTY’S direction and requirements and not from CONTRACTOR’S errors or omissions, CONTRACTOR shall not be responsible for such audit exceptions. If CONTRACTOR disagrees with an audit finding against it, CONTRACTOR may appeal that decision to the Mental Health Director for a review of the disputed finding. CONTRACTOR may appeal the decision of the Mental Health Director to the Health Services Agency Director, who shall have final authority to determine CONTRACTOR’S responsibility of an audit finding.
CONTRACTOR Appeal. Government obliga- tion.
(1) The Government agrees that, not- withstanding a Contracting Officer’s final decision denying the validity of an asserted restriction and except as provided in para- graph (h)(3) of this clause, it will honor the asserted restriction—
(i) For a period of ninety (90) days from the date of the Contracting Officer’s final deci- sion to allow the Contractor to appeal to the appropriate Board of Contract Appeals or to file suit in an appropriate court;
(ii) For a period of one year from the date of the Contracting Officer’s final decision if, within the first ninety (90) days following the Contracting Officer’s final decision, the Contractor has provided notice of an intent to file suit in an appropriate court; or
(iii) Until final disposition by the appro- priate Board of Contract Appeals or court of competent jurisdiction, if the Contractor has: (A) appealed to the Board of Contract Appeals or filed suit an appropriate court within ninety (90) days; or (B) submitted, within ninety (90) days, a notice of intent to file suit in an appropriate court and filed suit within one year.
(2) The Contractor agrees that the Govern- ment may strike, correct, or ignore the re- strictive markings if the Contractor fails to—
(i) Appeal to a Board of Contract Appeals within ninety (90) days from the date of the Contracting Officer’s final decision;
(ii) File suit in an appropriate court within ninety (90) days from such date; or
(iii) File suit within one year after the date of the Contracting Officer’s final deci- sion if the Contractor had provided notice of intent to file suit within ninety (90) days fol- lowing the date of the Contracting Officer’s final decision.
(3) The agency head, on a nondelegable basis, may determine that urgent or compel- ling circumstances do not permit awaiting the filing of suit in an appropriate court, or the rendering of a decision by a court of competent jurisdiction or Board of Contract Appeals. In that event, the agency head shall notify the Contractor of the urgent or com- pelling circumstances. Notwithstanding paragraph (h)(1) of this clause, the Con- tractor agrees that the agency may use,
