Common use of Disputed Work Clause in Contracts

Disputed Work. ‌ (i) If the Department and the Developer agree that the Work in question constitutes a Department Change and are unable to reach an agreement on a Change Order, the Department may deliver to the Developer a Directive Letter, directing the Developer to proceed with the performance of the Work in question, notwithstanding such disagreement. Such Directive Letter will include any changes to the Technical Requirements, if applicable, necessary to proceed with the Work covered by the Directive Letter. (ii) If the parties disagree whether the Work in question constitutes a Department Change, the Department will have the right to issue a Directive Letter, directing the Developer to proceed with the performance of the Work in question, and the Developer will proceed with such work. Such Directive Letter will include any changes to the Technical Requirements necessary to proceed with the Work covered by the Directive Letter. (iii) Upon receipt of a Directive Letter under (i) or (ii) above, the Developer will implement and perform the Work in question as directed by the Department. (iv) To the extent there are any Disputes related to any Directive Letter issued under Section 14.02(d), such Disputes will be subject to the dispute resolution procedures set forth in Article 21.

Appears in 4 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement

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Disputed Work. ‌ (i) If the Department and the Developer agree that the Work in question constitutes a Department Change and are unable to reach an agreement on a Change Order, the Department may deliver to the Developer a Directive Letter, directing the Developer to proceed with the performance of the Work in question, notwithstanding such disagreement. Such Directive Letter will include any changes to the Technical Requirements, if applicable, necessary to proceed with the Work covered by the Directive Letter.Technical (ii) If the parties disagree whether the Work in question constitutes a Department Change, the Department will have the right to issue a Directive Letter, directing the Developer to proceed with the performance of the Work in question, and the Developer will proceed with such work. Such Directive Letter will include any changes to the Technical Requirements necessary to proceed with the Work covered by the Directive Letter. (iii) Upon receipt of a Directive Letter under (i) or (ii) above, the Developer will implement and perform the Work in question as directed by the Department. (iv) To the extent there are any Disputes related to any Directive Letter issued under Section 14.02(d), such Disputes will be subject to the dispute resolution procedures set forth in Article 21.

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

Disputed Work. (i) If the Department and the Developer Concessionaire agree that the Work in question constitutes a Department Change and are unable to reach an agreement on a Change Order, the Department may deliver to the Developer Concessionaire a Directive Letter, directing the Developer 122 DMEAST #27287336 v26 Concessionaire to proceed with the performance of the Work in question, notwithstanding such disagreement. Such Directive Letter will include any changes to the Technical Requirements, if applicable, necessary to proceed with the Work covered by the Directive Letter. (ii) If the parties disagree whether the Work in question constitutes a Department Change, the Department will have the right to issue a Directive Letter, directing the Developer Concessionaire to proceed with the performance of the Work in question, and the Developer Concessionaire will proceed with such work. Such Directive Letter will include any changes to the Technical Requirements necessary to proceed with the Work covered by the Directive Letter. (iii) Upon receipt of a Directive Letter under (i) or (ii) above, the Developer Concessionaire will implement and perform the Work in question as directed by the DepartmentDepartment and the Department will make payments to the Concessionaire for such Work performed pursuant to Section 14.02(e). (iv) To the extent there are any Disputes related to any Directive Letter issued under Section 14.02(d), such Disputes will be subject to the dispute resolution procedures set forth in Article 21.

Appears in 1 contract

Samples: Comprehensive Agreement

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Disputed Work. (i) If the Department and the Developer agree that the Work in question constitutes a Department Change and are unable to reach an agreement on a Change Order, the Department may deliver to the Developer a Directive Letter, directing the Developer to proceed with the performance of the Work in question, notwithstanding such disagreement. Such Directive Letter will include any changes to the Technical Requirements, if applicable, necessary to proceed with the Work covered by the Directive Letter. (ii) If the parties disagree whether the Work in question constitutes a Department Change, the Department will have the right to issue a Directive Letter, directing the Developer to proceed with the performance of the Work in question, and the Developer will proceed with such work. Such Directive Letter will include any changes to the Technical Requirements necessary to proceed with the Work covered by the Directive Letter. (iii) Upon receipt of a Directive Letter under (i) or (ii) above, the Developer will implement and perform the Work in question as directed by the Department. (iv) To the extent there are any Disputes related to any Directive Letter issued under Section 14.02(d), such Disputes will be subject to the dispute resolution procedures set forth in Article 21.

Appears in 1 contract

Samples: Comprehensive Agreement

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