DISPUTE MITIGATION AND RESOLUTION. 8.1 SERVICES CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, the Consultant shall continue to perform its Services during any dispute mitigation or resolution proceeding. If the Consultant continues to perform, the Owner shall continue to make payments in accordance with this Agreement for amounts not in dispute.
8.2 DIRECT DISCUSSIONS Any dispute between the Consultant and the Owner relating to or arising out of this Agreement shall be submitted in writing within twenty-one (21) days after occurrence of the event giving rise to the claim. The Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If not resolved by the Owner’s Representative within ten (10) days, then the Consultant may submit in writing the issues(s) in dispute to the University Senior Vice President for Finance & Operations as the University President’s designee. The determination of the University Senior Vice President for Finance & Operations is the final institutional decision.
DISPUTE MITIGATION AND RESOLUTION. 13.1 WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, the Construction Manager shall continue the Work and maintain the Schedule of the Work during any dispute mitigation or resolution proceedings. If the Construction Manager continues to perform, the Owner shall continue to make payments in accordance with this Agreement.
13.2 DIRECT DISCUSSIONS If the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If the Parties' representatives are not able to resolve such matter within five (5) Business Days from the date of first discussion, the Parties' representatives shall immediately inform senior executives or administrators of the Parties in writing that resolution was not affected. Upon receipt of such notice, the senior executives or administrators of the Parties shall meet within five (5) Business Days to endeavor to reach resolution.
DISPUTE MITIGATION AND RESOLUTION. 11.1 WORK CONTINUATION AND PAYMENT Unless otherwise agreed in writing, the Subcontractor shall continue the Subcontract Work and maintain the Progress Schedule during any dispute mitigation or resolution proceedings. If the Subcontractor continues to perform, the Constructor shall continue to make payments in accordance with this Agreement.
DISPUTE MITIGATION AND RESOLUTION. 9.1 CONTINUANCE OF SERVICES AND PAYMENT Unless otherwise agreed in writing, Design Professional shall continue to perform its Services during any dispute mitigation or resolution proceeding. If Design Professional continues to perform, Owner shall continue to make payments in accordance with this Agreement for amounts not in dispute.
9.2 DIRECT DISCUSSIONS If the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties’ representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If the Parties’ representatives are not able to resolve such matter within five Business Days of the date of first discussion, the Parties’ representatives shall immediately inform senior executives of the Parties in writing that resolution could not be reached. Upon receipt of such notice, the senior executives of the Parties shall meet within five Business Days to endeavor to reach resolution. If the dispute remains unresolved after 15 Days from the date of first discussion, the Parties shall submit such matter to the dispute mitigation and dispute resolution procedures selected below.
9.3 MEDIATION If direct discussions pursuant to §9.2 do not result in resolution of the matter the Parties shall endeavor to resolve the matter by mediation through the current Construction Industry Mediation Rules of the American Arbitration Association, or the Parties may mutually agree to select another set of mediation rules. The Parties shall mutually agree upon the mediator and the mediation process. The mediation shall be convened within 30 Days of the matter first being discussed and shall conclude within 45 Business Days of the matter first being discussed. Either Party may terminate the mediation at any time after the first session by written notice to the non-terminating Party and mediator. The costs of the mediation shall be shared equally by the Parties.
DISPUTE MITIGATION AND RESOLUTION. CONTINUANCE OF SERVICES AND PAYMENT Unless otherwise agreed in writing, the Design Professional shall continue to perform its Services during any dispute mitigation or resolution proceeding. If the Design Professional continues to perform, the Owner shall continue to make payments in accordance with this Agreement for amounts not in dispute. DIRECT DISCUSSIONS Any dispute between the Design Professional and the Owner regarding, but not limited to Project budget, Project scope, Project layout, or types and quality of materials, shall be submitted in writing within twenty-one (21) days after occurrence of the event giving rise to the claim. The Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If not resolved by the Owner’s Representative within ten (10) days, then the Design Professional may submit in writing the issues(s) in dispute to the University Senior Vice President for Finance & Operations as the University President’s designee. The determination of the University Senior Vice President for Finance & Operations is the final institutional decision.
DISPUTE MITIGATION AND RESOLUTION. 16.1. CLAIMS RELATING TO CONSTRUCTOR The Subcontractor shall give the Constructor written notice of all claims within seven (7) days of the Subcontractor's knowledge of facts giving rise to the event for which claim is made; otherwise, such claims shall be deemed waived. All unresolved claims, disputes, and other matters in question between the Constructor and Subcontractor shall be resolved in the manner provided in this Agreement.
16.2. DAMAGES If the prime agreement provides for liquidated or other damages for delay beyond the completion date set forth in this Agreement, and such damages are assessed, the Constructor may assess a share of the damages against the Subcontractor in proportion to the Subcontractor's share of responsibility for the delay. However, the amount of such assessment shall not exceed the amount assessed against the Constructor. Nothing in this Agreement shall be construed to limit the Subcontractor's liability to the Constructor for the Constructor's actual delay damages caused by the Subcontractor's delay.
DISPUTE MITIGATION AND RESOLUTION. The Construction Manager is expected to continue performance of the Work and the Owner is expected to continue payment for Work performed during dispute resolution proceedings. WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, the Construction Manager shall continue the Work and maintain the Schedule of the Work during any dispute mitigation or resolution proceedings. If the Construction Manager continues to perform, the Owner shall continue to make payments in accordance with this Agreement. DIRECT DISCUSSIONS If the Parties cannot reach resolution on a matter relating to or arising out of this Agreement, the Parties shall endeavor to reach resolution through good faith direct discussions between the Parties' representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions. If the Parties' representatives are not able to resolve such matter within five (5) Business Days from the date of first discussion, the Parties' representatives shall immediately inform senior executives or administrators of the Parties in writing that resolution was not affected. Upon receipt of such notice, the senior executives or administrators of the Parties shall meet within five (5) Business Days to endeavor to reach resolution.
DISPUTE MITIGATION AND RESOLUTION. 12.1 WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, the Constructor shall continue the Work and maintain the Schedule of the Work during any dispute mitigation or resolution proceedings. If the Constructor continues to perform, the Owner shall continue to make payments in accordance with this Agreement.
DISPUTE MITIGATION AND RESOLUTION. 13.1 WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, Design-Builder shall continue the Work and maintain the approved schedules during any dispute mitigation or resolution proceedings. If Design-Builder continues to perform, Owner shall continue to make payments in accordance with the Agreement.
DISPUTE MITIGATION AND RESOLUTION
