DECISIONS ON DISPUTES Sample Clauses

DECISIONS ON DISPUTES. 11.1 The provisions of this Article shall govern the procedures to be followed in the event of a dispute. 11.2 Owner’s Representative shall be the initial interpreter of the requirements of the Contract Documents and judge the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and changes in the Work and Contract Times will be referred initially to the Owner’s Representative in writing with a request for a decision. Written notice of each such claim, dispute or other matter will be delivered by the Contractor to the OR promptly after the occurrence or event giving rise thereto. The Owner’s Representative will render a decision in writing promptly after receipt of the submittal, allowing sufficient time for review of the matter. The Owner’s Representative’s decision on such claim, dispute or other matter will be final and binding upon the Contractor. 11.3 When functioning under these provisions, the Owner’s Representative will remain impartial to both the Contractor and the County, and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.

DECISIONS ON DISPUTES. 11.1. The provisions of this Article shall govern the procedures to be followed in the event of a dispute.

DECISIONS ON DISPUTES. 11.1 The provisions of this Article shall govern the procedures to be followed in the event of a dispute. 11.2 OWNER’S REPRESENTATIVE shall be the initial interpreter of the requirements of the Contract Documents and shall judge the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and changes in the Work and Contract Times will be referred initially to the OWNER’S REPRESENTATIVE in writing with a request for a decision. Written notice of each such claim, dispute or other matter will be delivered by the Contractor to the OWNER’S REPRESENTATIVE promptly after the occurrence or event giving rise thereto. The OWNER’S REPRESENTATIVE will render a decision in writing promptly after receipt of the submittal, allowing sufficient time for review of the matter. The OWNER’S REPRESENTATIVE's decision on such claim, dispute or other matter will be final and binding upon the Contractor unless an appeal is made to the County Public Works Director per 11.4. 11.3 When functioning under these provisions, the OWNER’S REPRESENTATIVE will remain impartial to both the Contractor and the County, and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 11.4 The Contractor may appeal the decision of the OWNER’S REPRESENTATIVE regarding claims, disputes, or other matters to the County Public Works Director. The County Public Works Director’s decision on such claim, dispute or other matter will be final and binding upon the Contractor.

DECISIONS ON DISPUTES. In the event of any dispute, claim, question or disagreement arising from or relating to this Contract or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation or the exercise by LES or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such dispute, claim, question or disagreement.

DECISIONS ON DISPUTES. 11.1 The provisions of this Article shall govern the procedures to be followed in the event of a dispute. 11.2 Contractor shall be the initial interpreter of the requirements of the drawings and specifications issued by it under the terms of this Services Contract. The interpretations shall be made based upon information received from the general contractor through the OR. 11.3 Claims, disputes and other matters relating to the Services or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Services and changes in the Services and Design Schedule will be referred initially to the OR in writing with a request for a decision. Contractor will deliver written notice of each such claim, dispute or other matter to the OR promptly after the occurrence or event giving rise thereto. The OR will render a decision in writing promptly after receipt of the submittal, allowing sufficient time for review of the matter. The OR's decision on such claim, dispute or other matter shall be subject to review by the Owner. Contractor shall not be responsible for any decisions made by the OR or the Owner without Contractor’s input or against Contractor’s written recommendations. 11.4 When functioning under these provisions, the OR will remain impartial to both Contractor and the County, and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.

DECISIONS ON DISPUTES. 8.5.1 PROJECT MANAGER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims as provided for within this Agreement in respect of changes to the Contract Price or Contract Time will be referred initially to PROJECT MANAGER in writing with a request for a formal decision in accordance with this paragraph, which PROJECT MANAGER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to PROJECT MANAGER and the other party to the Agreement promptly (but in no event later than thirty days after the occurrence of the event giving rise thereto) and written supporting data will be submitted to PROJECT MANAGER and the other party within sixty days after such occurrence unless PROJECT MANAGER allows an additional period of time to ascertain more accurate data in support of the claim. DRAFT 8.5.2 When functioning as interpreter and judge as provided for within this Agreement, PROJECT MANAGER will not show partiality to AUGUSTA or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by PROJECT MANAGER as provided for within this Agreement with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided for within this Agreement) will be a condition precedent to any exercise by AUGUSTA or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter.

DECISIONS ON DISPUTES. 9.9.1. The CITY PROJECT MANAGER with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the WORK thereunder. Claims, disputes and other matters relating to the acceptability of the WORK or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the WORK and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect of changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT in writing with a request for a formal decision in accordance with this paragraph, which CONSULTANT with the consent of the City Project Director shall render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to The CITY PROJECT MANAGER and CONSULTANT and the other party to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to The CITY PROJECT MANAGER and CONSULTANT within ten (10) days after such occurrence unless CONSULTANT with the consent of the City Project Director allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2. The CITY PROJECT MANAGER and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant’s last submittal (unless The CITY PROJECT MANAGER and CONSULTANT allows additional time). CONSULTANT with the consent of the City Project Director shall render a formal decision in writing thirty days after receipt of the opposing party’s submittal, if any, in accordance with this paragraph. The CITY PROJECT MANAGER’S written decision, on such claim, dispute or other matter shall be final and binding upon CONTRACTOR unless: (i) an appeal from CITY/CONSULTANT’s decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16, (Dispute Resolution) or (ii) a written notice of intention to appeal from The CITY PROJECT MANAGER and CONSULTANT’s written decision is delivered by CONTRACTOR to the CITY PROJECT MANAGER and CONSULTANT within ten (10) days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights o...

DECISIONS ON DISPUTES. The Project Coordinator will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work provided there under. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to furnishing of the Work in respect of changes in the Contract Price or Contract Time will be referred initially to the Contract Administrator in writing with a request for a formal decision, which the Contract Administrator will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to the other party to the Contract promptly (but in no event later than 30 days) after the occurrence of the event giving rise thereto, and Written supporting data shall be submitted to the other party within 60 days after such occurrence unless DEC allows an additional period of time to ascertain more accurate data in support of the claim. When functioning as interpreter, the Contract Administrator will not show partiality to DEC or Contractor. The rendering of a decision by the Contract Administrator with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by DEC or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter.

DECISIONS ON DISPUTES. 11.1 The provisions of this Article shall govern the procedures to be followed in the event of a dispute. 11.2 Claims, disputes and other matters relating to the Services or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Services and changes in the Services and Schedule will be referred initially to the OR in writing with a request for a decision. will deliver written notice of each such claim, dispute or other matter to the OR promptly after the occurrence or event giving rise thereto. The OR will render a decision in writing promptly after receipt of the submittal, allowing sufficient time for review of the matter. The OR's decision on such claim, dispute or other matter shall be subject to review by the Owner. shall not be responsible for any decisions made by the OR or the Owner without ’s input or against ’s written recommendations. Any dispute can be appealed to the Board of County Commissioners and the Board’s decision will be final agency action for purposes of judicial appeal.

DECISIONS ON DISPUTES. Project Manager will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 10 and 11 in respect of changes in the Contract Price or Contract Times will be referred initially to Project Manager in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to Project Manager and the other party to the Agreement promptly (but in no event later than fifteen days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Project Manager and the other party within thirty days after the start of such occurrence or event unless Project Manager allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute of other matter. The opposing party shall submit any response to Project Manager and the claimant within thirty days after receipt of the claimant's last submittal (unless Project Manager allows additional time). Project Manager will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Project Manager's written decision on such claim, dispute or other matter will be final and binding upon the Town and Contractor.