Cost Disputes. Notwithstanding the provisions of Article 11.1 above, the parties will seek to amicably resolve between themselves any disputes with respect to the amount of applicable costs for repairs performed on Chassis pursuant to this Agreement or the liability for said costs. If such dispute cannot be resolved within ninety (90) days of the invoice date for the repairs, either party may seek, by written notice to the other party, a binding resolution of the dispute pursuant to the small claims procedures of the rules of the Society of Maritime Arbitrators, New York, New York.
Cost Disputes. The Manager agrees to use its best efforts to limit the costs incurred in making each Major Capital Improvement consistent with Prudent Utility Practice. The Authority may, without limiting the Authority's obligation to make timely payments of any Major Capital Improvement Costs consistent with the mutually agreeable payment procedures established in accordance with 5.1(D) hereof, object to any Major Capital Improvement Cost or to the payment of any Major Capital Improvement Cost on the grounds that such Major Capital Improvement Cost or the amount being charged to the Authority was improperly computed, that the Major Capital Improvement Costs incurred by the Manager were unreasonable for the work performed, or that the work performed by the Manager in making the Major Capital Improvement was materially delayed or not completed due to a circumstance for which the Manager would be responsible for the costs of under Section 6.10 hereof.
Cost Disputes. The Manager shall use its best efforts to limit the costs incurred in undertaking each Public Works Improvement consistent with Prudent Utility Practice. The Authority may, without limiting the Authority's obligations to make timely payments of any Public Works Improvement Costs under subsection 5.4(C) consistent with the mutually agreeable payment procedures established in accordance with Section 5.4(E) hereof, object to any Public Works Improvement Costs or to the payment of any Public Works Improvement Costs on the grounds that such Public Works Improvement Cost or the amount being charged to the Authority was improperly computed, that the Public Works Improvement Costs incurred by the Manager were unreasonable for the work performed or that the work performed by the Manager in undertaking the Public Works Improvement was materially delayed or not completed due to a circumstance for which the Manager would be responsible for the costs of under Section 6.10 hereof.
Cost Disputes. 29 (C) Cost Determination........................................................................ 30 (D) Public Works Improvements Cost Savings Incentives......................................... 30 (E) Public Works Improvement Costs Estimate................................................... 30 (F) Public Works Improvement Cost Payments.................................................... 30 SECTION 5.5. MAJOR CAPITAL IMPROVEMENTS FOR WHICH MANAGER IS RESPONSIBLE................................... 30
Cost Disputes. 26 (D) Major Capital Improvement Cost Payments ................. 27 SECTION 5.2. MAJOR CAPITAL PLAN AND BUDGET ................................ 27 (A) Preparation ............................................. 27 (B) Schedule for Major Capital Plan and Budget Review ....... 28 (C) Projects in Excess of $500,000 .......................... 28 SECTION 5.3. COST DETERMINATION ........................................... 28 (A) Basis for Major Capital Improvement Cost Determination .. 28
Cost Disputes. 33 (D) Capital Cost Payments..........................................................................33 SECTION 5.2. CAPITAL PLAN AND BUDGET.............................................................................33 (A) Preparation....................................................................................33 (B) Schedule for Capital Plan and Budget Review....................................................34 (C) Projects in Excess of $500,000.................................................................34 SECTION 5.3. COST DETERMINATION..................................................................................34 (A) Basis for Capital Improvement Cost Determination...............................................34 (B) Procurement and Contracting Procedures.........................................................34 SECTION 5.4. CAPITAL IMPROVEMENTS FOR WHICH MANAGER IS RESPONSIBLE...............................................35
Cost Disputes. The Manager agrees to use its best efforts to limit the costs incurred in making each Capital Improvement consistent with Prudent Utility Practice. LIPA may, without limiting its obligation to make timely payments of any Capital Costs consistent with the mutually agreeable payment procedures established in accordance with Section 5.1(D) hereof, object to any Capital Cost or to the payment of any Capital Cost on the grounds that such Capital Cost or the amount being charged to LIPA was improperly computed, that the Capital Costs incurred by the Manager were unreasonable for the work performed, or that the work performed by the Manager in making the Capital Improvement was materially delayed or not completed due to a circumstance for which the Manager would be responsible for the costs of under Section 6.10 hereof. Any dispute under this Section 5.1(C) shall be resolved in accordance with the expedited dispute resolution procedures set forth in Section 7.8(K) hereof.
Cost Disputes. Notwithstanding the provisions of Article 11.1 above, the parties will seek to amicably resolve between themselves any disputes with respect to the amount of applicable costs for repairs performed on Chassis pursuant to this Agreement or the liability for said costs. If such dispute cannot be resolved within ninety (90) days of the invoice date for the repairs, either party may seek, by written notice to the other party, a binding resolution of the dispute pursuant to the small claims procedures of the rules of the Society of Maritime Arbitrators, New York, New York. User may procure Chassis from the Chassis Pool for use pursuant to procedures established by MWCP within the facilities listed below (“On Terminal Use”), and/or after exiting from the facilities (“Off Terminal Use”): Metro Area Facility Type (Common, Non-Common, or both) Effective Date Changes to the above designations may be made only upon mutual agreement indicated by the signature of the parties below: User shall be required to procure and maintain Chassis Liability Insurance covering third party claims for property damage, bodily injury and death, claims for damages for physical loss and damage of equipment, and endorsed or written to cover contractual liability and indemnity obligations of User under this Agreement with MWCP. Additional requirements:
1.1 Limits of liability shall be not less than Five Million US Dollars ($5,000,000) for combined single limit.
1.2 May not be cancelled or modified without thirty (30) days prior written notice to Pool.
Cost Disputes. 26 (D) Major Capital Improvement Cost Payments.................................................... 27 SECTION 5.2. MAJOR CAPITAL PLAN AND BUDGET.................................................................. 27 (A) Preparation................................................................................ 27 (B) Schedule for Major Capital Plan and Budget Review.......................................... 28 (C) Projects in Excess of $500,000............................................................. 28 SECTION 5.3. COST DETERMINATION............................................................................. 28 (A) Basis for Major Capital Improvement Cost Determination..................................... 28 (B) Source of Financing of Major Capital Improvements.......................................... 28 (C) Procurement and Contracting Procedures..................................................... 28 (D) Advancement of Funds for Major Capital Improvements and Additions.................................................................................. 29 (E) Major Capital Improvements Cost Savings Incentive.......................................... 29 SECTION 5.4
Cost Disputes. Notwithstanding the provisions of Article 10.1 above, the parties will seek to amicably resolve between themselves any disputes with respect to the amount of applicable costs for repairs performed on Chassis pursuant to this Agreement or the liability for said costs. If such dispute cannot be resolved within ninety (90) days of the invoice date for the repairs, either party may seek, by written notice to the other party, a binding resolution of the dispute pursuant to the small claims procedures of the rules of the Society of Maritime Arbitrators, New York, New York. User may procure Chassis from the Chassis Pool for use pursuant to procedures established by (CCM POOL NAME) within the facilities listed below (“On Terminal Use”), and/or after exiting from the facilities (“Off Terminal Use”): Metro Area Facility Type (Common, Non-Common, or both) On or Off Terminal Use (indicate one or both) Effective Date Expiration Date (if applicable) Changes to the above designations may be made only upon mutual agreement indicated by the signature of the parties below: User shall be required to procure and maintain Chassis Liability Insurance covering third party claims for property damage, bodily injury and death, claims for damages for physical loss and damage of equipment, and endorsed or written to cover contractual liability and indemnity obligations of User under this Agreement with (CCM POOL NAME). Additional requirements:
1. Limits of liability shall be not less than Five Million US Dollars ($5,000,000) for combined single limit.
2. May not be cancelled or modified without thirty (30) days prior written notice to Pool.
3. Occurrence based.
4. Shall name (CCM POOL NAME) as an additional insured and be primary to any and all other applicable insurance.
