Decision by Owner. Within thirty (30) Days after cessation of an event-giving rise to either an Excusable Delay or Unexcusable Delay, the parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Unexcusable Delay. In the absence of agreement between the parties as to the then current status of Excusable Delays and Unexcused Delays, the Owner will provide the Design/Builder with written notice of Owner's determination of the respective number of Days of Excusable Delay and/or Unexcusable Delay within ten (10) Days after receipt by the Owner of the Design/Builder's written request for such determination. The issuance by the Owner of such a determination shall not, however, be deemed a concurrence by the Design/Builder of the matters set forth therein, and the Design/Builder may invoke the dispute resolution procedures with respect to such determination. Pending completion of dispute resolution procedures, the Design/Builder may take such acceleration or other measures on account of the Owner's determination of Unexcusable Delay, and if completion of the dispute resolution procedures results in the Owner's determination being changed to Excusable Delay, the costs associated with such measures shall be paid by the Owner as an increase to the GMP in accordance with the Change Order provisions of this Agreement.
Decision by Owner. If the parties have not identified a Neutral in Section 6.1 of the Agreement or elsewhere in the Design-Build Documents then, except for those claims arising under Sections A.10.3 and A.10.5, the Owner shall provide an initial decision. An initial decision by the Owner shall be required as a condition precedent to mediation of all Claims between the Owner and Design-Builder arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Owner with no decision having been rendered by the Owner.
Decision by Owner. Within thirty (30) Days after cessation of an event giving rise to either an Excusable Delay or Unexcusable Delay, the Parties will use good faith efforts to agree on the extent to which the Work has been delayed and whether the delay is an Excusable Delay or an Unexcusable Delay. In the absence of agreement between the Parties as to the then current status of Excusable Delays and Unexcused Delays, the Owner will provide the Design-Builder with written notice of its determination of the respective number of Days of Excusable Delay and/or Unexcusable Delay.
Decision by Owner. (This Section is not applicable to this Contract under any circumstances and is null and void to this Contract) If the parties have not identified a Neutral in Section 6.1 of the Agreement or elsewhere in the Contract Documents, and if the Owner has not appointed the Owner-Designee to resolve disputes between the Owner and Design-Builder, then, except for those Claims arising under Section A.10.3 through A.10.5, the Owner shall provide an initial decision. An initial decision by the Owner shall be required as a condition precedent to mediation of all Claims between Owner and Design-Builder arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Owner with no decision having been rendered by the Owner.
