Common use of Disputed Changes Clause in Contracts

Disputed Changes. DCAMM and CONTRACTOR shall negotiate in good faith an agreement on an equitable adjustment in the Total Contract Value, and/or time if appropriate. In the absence of an agreement for an equitable adjustment, DCAMM shall unilaterally determine the costs attributable to the requested Change Order and provide CONTRACTOR with a written notice to that effect. CONTRACTOR may dispute such cost determination in accordance with Section 52: Dispute Resolution and have the right to such further appeal as is provided in M.G.L. c.30, § 39Q only after exhausting the remedies provided for in Section 52: Dispute Resolution. If the CONTRACTOR shall exercise its rights to appeal the decision of DCAMM as aforesaid, the CONTRACTOR shall be required to engage in the mandatory mediation procedures set forth in Section 52: Dispute Resolution.

Appears in 2 contracts

Samples: Energy Services Agreement, Energy Services Agreement

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Disputed Changes. DCAMM and CONTRACTOR shall negotiate in good faith an agreement on an equitable adjustment in the Total Contract Value, and/or time if appropriate. In the absence of an agreement for an equitable adjustment, DCAMM shall unilaterally determine the costs attributable to the requested Change Order and provide CONTRACTOR with a written notice to that effect. CONTRACTOR may dispute such cost determination in accordance with Section 52: Dispute Resolution and have the right to such further appeal as is provided in M.G.L. c.30, § 39Q only after exhausting the remedies provided for in Section 52: Dispute Resolution. If the CONTRACTOR shall exercise its rights to appeal the decision of DCAMM as aforesaid, the CONTRACTOR shall be required to engage in the mandatory mediation procedures set forth in Section 5250: Dispute ResolutionDefault of this Contract.

Appears in 2 contracts

Samples: Energy Services Agreement, Energy Services Agreement

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