Common use of Disputes Board Agreement Clause in Contracts

Disputes Board Agreement. (a) The Parties executed the Disputes Board Agreement on even date herewith. The Disputes Board Agreement governs all aspects of the Disputes Board, as well as all rights and responsibilities of the Parties with respect to the Disputes Board, that are not otherwise addressed in this Section 16.3, the DRP Rules and the Code. (b) If the composition of either Party’s Disputes Board Member Candidates' List has not been finalized prior to the Effective Date, that Party shall promptly appoint the members in accordance with the requirements and procedures of the Disputes Board Agreement. (c) The Disputes Board shall conduct proceedings and, upon completion of its proceedings, issue written findings of fact, written conclusions of law, and a written decision to TxDOT and Maintenance Contractor. (d) The Disputes Board shall have the authority to resolve any Dispute other than Ineligible Matters and any actions for equitable relief in district court that TxDOT is permitted to bring against Maintenance Contractor under Section 16.3.2. (e) The Disputes Board shall not have the authority to order that one Party compensate the other Party for attorneys' fees and expenses. (f) If a Disputes Board Decision awards an amount payable by one Party to the other, such amount became or shall become due and payable on the date required for payment in accordance with the applicable DRP Governed Agreement. If the date of payment is not specified in a DRP Governed Agreement, the payment shall be due ten days after the date the Final Order Implementing Decision for such decision becomes final under Section 16.3.7 (or, if the tenth day is not a Business Day, the next Business Day). (g) Except for those matters subject to Section 16.8, interest at LIBOR on an amount payable by one Party to the other shall accrue beginning on the date such amount was due and continuing until the date such amount is paid. (h) If the notice of Dispute fails to meet the certification requirements under Section 16.3.2(b), on motion of the responding Party the Disputes Board shall suspend proceedings on the Dispute until a correct and complete written certification is delivered, and shall have the discretionary authority to dismiss the Dispute for lack of a correct certification if it is not delivered within a reasonable time as set by the Disputes Board. Prior to the entry by the Disputes Board of a final decision on a Dispute, the Disputes Board shall require a defective certification to be corrected.

Disputes Board Agreement. (a) The Parties executed the Disputes Board Agreement on even date herewith. The Disputes Board Agreement governs all aspects of the Disputes Board, as well as all rights and responsibilities of the Parties with respect to the Disputes Board, that are not otherwise addressed in this Section 16.3, the DRP Rules and the Code. (b) If the composition of either Party’s Disputes Board Member Candidates' List has not been finalized prior to the Effective Date, that Party shall promptly appoint the members in accordance with the requirements and procedures of the Disputes Board Agreement. (c) The Disputes Board shall conduct proceedings and, upon completion of its proceedings, issue written findings of fact, written conclusions of law, and a written decision to TxDOT and Maintenance Contractor. (d) The Disputes Board shall have the authority to resolve any Dispute other than Ineligible Matters and any actions for equitable relief in district court that TxDOT is permitted to bring against Maintenance Contractor under Section 16.3.2. (e) The Disputes Board shall not have the authority to order that one Party compensate the other Party for attorneys' fees and expenses. (f) If a Disputes Board Decision awards an amount payable by one Party to the other, such amount became or shall become due and payable on the date required for payment in accordance with the applicable DRP Governed Agreement. If the date of payment is not specified in a DRP Governed Agreement, the payment shall be due ten days after the date the Final Order Implementing Decision for such decision becomes final under Section 16.3.7 (or, if the tenth day is not a Business Day, the next Business Day). (g) Except for those matters subject to Section 16.8, interest at LIBOR on an amount payable by one Party to the other shall accrue beginning on the date such amount was due and continuing until the date such amount is paid. (h) If the notice of Dispute fails to meet the certification requirements under Section 16.3.2(b), on motion of the responding Party the Disputes Board shall suspend proceedings on the Dispute until a correct and complete written certification is delivered, and shall have the discretionary authority to dismiss the Dispute for lack of a correct certification if it is not delivered within a reasonable time as set by the Disputes Board. Prior to the entry by the Disputes Board of a final decision on a Dispute, the Disputes Board shall require a defective certification Texas Department of Transportation US 77 from Kingsville to be corrected.Driscoll November 15, 2012 89 RFP Addendum 4 Capital Maintenance Agreement