Common use of DISPUTE HEARING Clause in Contracts

DISPUTE HEARING. Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state : A. The disputed issues; B. The relative positions of the parties; C. The Sponsor’s name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be chosen by the funding board’s chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes . The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties.

DISPUTE HEARING. a. Except as may otherwise be provided in this AgreementAgreement , when a dispute arises between the Sponsor and the funding boardRCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state state: A. i. The disputed issues; B. ii. The relative positions of the parties; C. iii. The Sponsor’s name, address, project title, and the assigned project number. . b. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be persons chosen by the funding board’s chairSponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. c. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes . disputes. d. The parties shall be bound by the majority decision of the disputes paneldispute panelists, unless the remedy directed by that panel shall be without is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. . e. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties.thirty

DISPUTE HEARING. Except as may otherwise be provided in this Agreement, ,when a dispute arises between the Sponsor sponsor and the funding board, ,which cannot be resolved, ,either party may request a dispute hearing according to the process set out in this section. .Either party’s 's request for a dispute hearing must be in writing and clearly state : state: A. The disputed issues; ; B. The relative positions of the parties; ; C. The Sponsor’s sponsor's name, ,address, ,project title, ,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, ,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. .The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, sponsor,one person chosen by the director, ,and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, ,the third person shall be chosen by the funding board’s 's chair. Any hearing under this section shall be informal, ,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. .The process may be solely based on written material if the parties so agree. .The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes disputes. The parties shall be bound by the decision of the disputes panel, ,unless the remedy directed by that panel shall be without the authority of either or both parties to perform, ,as necessary, ,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. .The request shall be delivered or mailed within thirty (30) days thirty(30)days of the date the requesting party has received notice of the action or position of the other PSAR Project Agreement-RCO#14-1020P Salmon Funding Accounts Chapter 77.85 RCW,Chapter 420 WAC Page 17 of 18 PROJAGR.RPT party which it wishes to dispute. .The written agreement ement to use the process under this section for resolution resoNvoof of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties.

DISPUTE HEARING. ‌ a. Except as may otherwise be provided in this AgreementAgreement , when a dispute arises between the Sponsor and the funding boardRCO, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party’s request for a dispute hearing must be in writing and clearly state state: A. i. The disputed issues; B. ii. The relative positions of the parties; C. iii. The Sponsor’s name, address, project title, and the assigned project number. . b. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on, the third person shall be persons chosen by the funding board’s chairSponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a third person. This process shall be repeated until a three person panel is established. c. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes . disputes. d. The parties shall be bound by the majority decision of the disputes paneldispute panelists, unless the remedy directed by that panel shall be without is beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. . e. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. . f. All costs associated with the implementation of this process shall be shared equally by the parties.