Common use of Disbursement Dispute Procedures Clause in Contracts

Disbursement Dispute Procedures. If the Owner’s Representative determines, pursuant to subsection (B) of this Section, that the Design-Build Work required for any payment has not progressed as indicated by the Design-Builder, or otherwise disputes any Requisition, the Owner’s Representative shall provide prompt written notice to the Design- Builder and the Owner as to the Owner’s Representative’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder may make the necessary corrections and resubmit a certified Requisition to the Owner’s Representative, or the Owner’s Representative may agree on a revised amount, Requisition or estimate, as applicable, in which case the Design-Builder shall promptly notify the Owner of such agreement. If the Design-Builder is unable to reach agreement with the Owner’s Representative as to the progress of the Design-Build Work, the Design-Builder may exercise its right to contest the Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures). Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if (1) the Design-Builder demonstrates to the Owner’s Representative that the Design- Build Work has proceeded as indicated in the certified Requisition giving rise to the dispute or that any disputed certified Requisition is correct, and (2) the Owner’s Representative concurs with such demonstration. The Design-Builder shall not be entitled to payment of the amount so requisitioned and disputed except upon resolution of the dispute in accordance with this subsection; provided, however, that the Owner shall pay all requisitioned amounts which are not in dispute in accordance with subsection (B) of this Section. In the event that upon resolution of any such dispute, it is determined that the Design-Builder was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder shall be entitled to receive, promptly following such resolution, such disputed amount plus interest on such disputed amount for the period of dispute calculated in accordance with Section 11.7 (Interest on Overdue Obligations).

Disbursement Dispute Procedures. If the Contract Administrator and Owner’s Representative determinesdetermine, pursuant to subsection (B) 9.4.3 of this Section, that the Design-Build Work work required for any payment has not progressed as indicated by the Design-Builder, Company or otherwise disputes any RequisitionProgress Payment Request, the Contract Administrator and Owner’s Representative shall provide prompt within seven (7) days written notice to the Design- Builder Company and the Owner Village as to the Contract Administrator's and Owner’s Representative’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder Company may make the necessary corrections and resubmit a certified Requisition Progress Payment Request to the Contract Administrator and Owner’s Representative, or the Contract Administrator and Owner’s Representative may agree on a revised amount, Requisition Progress Payment Request or estimate, as applicable, in which case the Design-Builder Company shall promptly notify the Owner Village of such agreement. If the Design-Builder Company is unable to reach agreement with the Contract Administrator and Owner’s Representative as to the progress of the Design-Build Workwork or other dispute, the Design-Builder Company may exercise its right to contest the Contract Administrator's and Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures)Article XIV. Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if if: (1i) the Design-Builder Company demonstrates to the Contract Administrator and the Owner’s Representative that the Design- Build Work work has proceeded as to the percentage completion or milestone indicated in the certified Requisition Progress Payment Request giving rise to the dispute or that any disputed certified Requisition Progress Payment Request is correct, and (2ii) the Contract Administrator and Owner’s Representative concurs concur with such demonstration. The Design-Builder Company shall not be entitled to payment of the amount so requisitioned requested and disputed except upon resolution of the dispute in accordance with this subsection; provided, however, that the Owner shall pay all requisitioned amounts which are not in dispute in accordance with subsection (B) of this Section. In the event that upon resolution of any such dispute, it is determined that the Design-Builder was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder shall be entitled to receive, promptly following such resolution, such disputed amount plus interest on such disputed amount for the period of dispute calculated in accordance with Section 11.7 (Interest on Overdue Obligations).

Disbursement Dispute Procedures. If the Owner’s Representative determines, Borough Engineer determ xxxx pursuant to subsection (BJ) of this Section, Section that the Design-Build Work work required for any payment paym ent has not progressed as indicated by to the Design-Buildermilestone indicated, or otherwise disputes any Requisitionrequisition for Fixed ICI Design/Build Price Adjustmen ts, the Owner’s Representative Borough Engineer shall provide prompt written notice to the Design- Builder Company and the Owner Borough as to the Owner’s Representative’s Borough Engineer's reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination determ ination notice, the Design-Builder Company may make the necessary corrections and resubmit a certified Requisition to the Owner’s RepresentativeBorough Engineer, or the Owner’s Representative may Borough Engineer m ay agree on a revised amountamoun t, Requisition or estimate, as applicable, in which case the Design-Builder Compan y shall promptly notify the Owner Borough of such agreement. If the Design-Builder is unable agreem ent and thereupon be entitled to reach agreement with the Owner’s Representative as to the progress of the Design-Build Work, the Design-Builder may exercise its right to contest the Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures)paym ent. Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately imm ediately terminate if if: (1) the Design-Builder demonstrates Com pany dem onstrates to the Owner’s Representative Borough Engineer that the Design- Build Work work has proceeded as to the milestone indicated in the certified Requisition giving rise to the dispute or that any disputed certified Requisition is correct, ; and (2) the Owner’s Representative concurs Borough Engineer con curs with such demonstration. The Design-Builder Company shall not be entitled to payment of the amount so requisitioned and disputed except upon resolution of the dispute in accordance with w ith this subsection; provided, however, that the Owner Com pany shall pay be entitled to all requisitioned amounts which are not in dispute in accordance with subsection (B) of this Sectiondispute. In the event that upon resolution of any such dispute, dispute it is determined that the Design-Builder was Company w as properly entitled to the disputed amount as of a date earlier than th an the date on which wh ich payment is actually made, the Design-Builder Company shall be entitled promptly to receive, promptly following such resolution, receive such disputed amount plus amount, together with interest on such disputed amount thereon for the period of dispute calculated at the Overdue Rate. Nothing contained in accordance with Section 11.7 (Interest on Overdue Obligations)this subsection shall be deemed to alter the rights of the parties, if any, under Article XIII, including the right of either party to request a referral of the dispute to Non-Binding Mediation.

Disbursement Dispute Procedures. If the Owner’s Representative determines, WRD Engineer determines pursuant to subsection (BC) of this Section, that the Design-Build Work required for Section not to recommend any payment has not progressed as indicated by the Design-Builderrequested in an Application for Payment, or otherwise disputes any Requisitionprogress payment for Fixed Design Build Price Adjustments, the Owner’s Representative WRD Engineer shall provide prompt written notice to the Design- Builder DBE and the Owner WRD as to the Owner’s RepresentativeWRD Engineer’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder DBE may make the necessary corrections and resubmit a certified Requisition an Application for Payment to the Owner’s RepresentativeWRD Engineer, or the Owner’s Representative WRD Engineer may agree on a revised amount, Requisition amount or estimate, as applicable, in which case the Design-Builder DBE shall promptly notify the Owner WRD of such agreement. If the Design-Builder is unable agreement and thereupon be entitled to reach agreement with the Owner’s Representative as to the progress of the Design-Build Work, the Design-Builder may exercise its right to contest the Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures)payment. Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if if: (1) the Design-Builder DBE demonstrates to the Owner’s Representative WRD Engineer that the Design- Design Build Work has proceeded as indicated providing the basis for the progress payments covered in the certified Requisition Application for Payment giving rise to the dispute or that any disputed certified Requisition Application for Payment is correct, ; and (2) the Owner’s Representative WRD Engineer concurs with such demonstration. The Design-Builder DBE shall not be entitled to payment of the amount so requisitioned and progress payments disputed except upon resolution of the dispute in accordance with this subsection; provided, however, that the Owner DBE shall pay be entitled to all requisitioned amounts progress payments which are not in dispute in accordance with subsection (B) of this Sectiondispute. In the event that upon resolution of any such dispute, dispute it is determined that the Design-Builder DBE was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder DBE shall be entitled promptly to receive, promptly following such resolution, receive such disputed amount plus amount, together with interest on such disputed amount thereon for the period of dispute calculated at the rate of 1.0% per month. Nothing contained in accordance with Section 11.7 (Interest on Overdue Obligations)this subsection shall be deemed to alter the rights of the parties, if any, under Article XII hereof, including the right of either party to request a referral of the dispute to Non-Binding Mediation.

Disbursement Dispute Procedures. If the Owner’s Representative determines, Sewer District determines pursuant to subsection (BSection 6.2(D) of this Section, that the Design-Build Work work required for any payment has not progressed as indicated by in the payment request, or disputes any requisition for Fixed Design-Builder, or otherwise disputes any RequisitionBuild Price Adjustments, the Owner’s Representative Engineer shall provide prompt written notice to the Design- Builder Design-Build Contractor and the Owner Sewer District as to the Owner’s RepresentativeEngineer’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder Build Contractor may make the necessary corrections and resubmit a certified Requisition to the Owner’s RepresentativeEngineer, or the Owner’s Representative Engineer may agree on a revised amount, Requisition or estimate, as applicable, in which case the Design-Builder Build Contractor shall promptly notify the Owner Sewer District of such agreement. If the Design-Builder is unable agreement and thereupon be entitled to reach agreement with the Owner’s Representative as to the progress of the Design-Build Work, the Design-Builder may exercise its right to contest the Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures)payment. Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if if: (1) the Design-Builder Build Contractor demonstrates to the Owner’s Representative Engineer that the Design- Build Work work has proceeded as to the milestone indicated in the certified Requisition giving rise to the dispute or that any disputed certified Requisition is correct, ; and (2) the Owner’s Representative Engineer concurs with such demonstration. The Design-Builder Build Contractor shall not be entitled to payment of the amount so requisitioned and disputed except upon resolution of the dispute in accordance with this subsection; provided, however, that the Owner Design- Build Contractor shall pay be entitled to all requisitioned amounts which are not in dispute in accordance with subsection (B) of this Sectiondispute. In the event that upon resolution of any such dispute, dispute it is determined that the Design-Builder Build Contractor was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder Build Contractor shall be entitled promptly to receive, promptly following such resolution, receive such disputed amount plus interest on such disputed amount for amount. Nothing contained in this subsection shall be deemed to alter the period rights of the Parties, if any, under Article IX hereof, including the right of either Party to request a referral of the dispute calculated in accordance with Section 11.7 (Interest on Overdue Obligations)to Non-Binding Mediation.

Disbursement Dispute Procedures. If the Contract Administrator and Owner’s Representative determinesdetermine, pursuant to subsection (B) 9.4.3 of this Section, that the Design-Build Work work required for any payment has not progressed as indicated by the Design-Builder, Company or otherwise disputes any RequisitionProgress Payment Request, the Contract Administrator and Owner’s Representative shall provide prompt within five (5) days written notice to the Design- Builder Company and the Owner Village as to the Contract Administrator's and Owner’s Representative’s reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder Company may make the necessary corrections and resubmit a certified Requisition Progress Payment Request to the Contract Administrator and Owner’s Representative, or the Contract Administrator and Owner’s Representative may agree on a revised amount, Requisition Progress Payment Request or estimate, as applicable, in which case the Design-Builder Company shall promptly notify the Owner Village of such agreement. If the Design-Builder Company is unable to reach agreement with the Contract Administrator and Owner’s Representative as to the progress of the Design-Build Workwork or other dispute, the Design-Builder Company may exercise its right to contest the Contract Administrator's and Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures)Article XIV. Any proceedings undertaken to resolve a dispute arising under this subsection shall immediately terminate if if: (1i) the Design-Builder Company demonstrates to the Contract Administrator and the Owner’s Representative that the Design- Build Work work has proceeded as to the percentage completion or milestone indicated in the certified Requisition Progress Payment Request giving rise to the dispute or that any disputed certified Requisition Progress Payment Request is correct, and (2ii) the Contract Administrator and Owner’s Representative concurs concur with such demonstration. The Design-Builder Company shall not be entitled to payment of the amount so requisitioned requested and disputed except upon resolution of the dispute in accordance with this subsection; provided, however, that the Owner shall pay all requisitioned amounts which are not in dispute in accordance with subsection (B) of this Section. In the event that upon resolution of any such dispute, it is determined that the Design-Builder was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder shall be entitled to receive, promptly following such resolution, such disputed amount plus interest on such disputed amount for the period of dispute calculated in accordance with Section 11.7 (Interest on Overdue Obligations).

Disbursement Dispute Procedures. If the Owner’s Representative determines, Lessor Engineer determines pursuant to subsection (BJ) of this Section, Section that the Design-Build Work w ork required for any payment paym ent has not progressed as indicated by to the Design-Buildermilestone indicated, or otherwise disputes any Requisitionrequisition for Fixed ICI Design/Build Price Adjustmen ts, the Owner’s Representative Lessor Engineer shall provide prompt written notice to the Design- Builder Lessee and the Owner Lessor as to the Owner’s Representative’s Lessor Engineer's reasons, in reasonable detail, for such determination or the basis for such dispute. After receiving such determination notice, the Design-Builder Lessee may make m ake the necessary corrections and resubmit a certified Requisition to the Owner’s RepresentativeLessor Engineer, or the Owner’s Representative Lessor Engineer may agree on a revised amountam ount, Requisition or estimateestim ate, as applicable, in which w hich case the Design-Builder Lessee shall promptly notify the Owner Lessor of such agreement. If the Design-Builder is unable agreem ent and thereupon be entitled to reach agreement with the Owner’s Representative as to the progress of the Design-Build Work, the Design-Builder may exercise its right to contest the Owner’s Representative’s determination in accordance with either the dispute resolution procedures set forth in Section 8.12 (Non-Binding Dispute Resolution Procedures)payment. Any proceedings undertaken to resolve a dispute arising under this th is subsection shall immediately im mediately terminate if if: (1) the Design-Builder Lessee demonstrates to the Owner’s Representative Lessor Engineer that the Design- Build Work th e work has proceeded as to the milestone indicated in the certified Requisition giving rise to the dispute or that any disputed certified Requisition is correct, ; and (2) the Owner’s Representative Lessor Engineer concurs with such demonstration. The Design-Builder Lessee shall not be entitled to payment of the amount so requisitioned and disputed except upon resolution of the dispute in accordance with w ith this subsectionsubsection ; provided, however, that the Owner Lessee shall pay be entitled to all requisitioned amounts requisition xx xxxxx ts which are not in dispute in accordance with subsection (B) of this Sectiondispute. In the event that upon resolution of any such dispute, dispute it is determined that the Design-Builder Lessee was properly entitled to the disputed amount as of a date earlier than the date on which payment is actually made, the Design-Builder Lessee shall be entitled promptly to receive, promptly following such resolution, receive such disputed amount plus am ount, together with interest on such disputed amount thereon for the period of dispute calculated at the Overdue Rate. Nothing contained in accordance with Section 11.7 (Interest on Overdue Obligations)this subsection shall be deemed to alter the righ ts of the parties, if any, under Article XIV hereof, including the right of either party to request a referral of the dispute to Non-Binding Mediation.