Disputes; Burden of Proof. In case of a dispute regarding the application of the provisions of this Article 10, including any dispute as to whether an Excusable Delay has occurred, either Party shall have the right to submit the dispute for resolution pursuant to Article 11, and Design-Builder shall bear the burden of proof, by clear and convincing evidence, in establishing its entitlement to adjustments to the Guaranteed Completion Date(s) and its entitlement to relief under this Article 10.
Appears in 7 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
