Disputes, Claims and Appeals Sample Clauses

Disputes, Claims and Appeals. 15. After-the-Award Requirements
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Disputes, Claims and Appeals a. Disagreements regarding matters of fact between the Recipient and the Government which arise during performance of the agreement shall be resolved by negotiation to the maximum extent practicable. If agreement cannot be reached after a reasonable attempt, the Grant Officer will issue a final decision in writing to the Recipient.
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Disputes, Claims and Appeals. Questions or claims by the Council regarding meaning and intent of this Agreement or arising from this Agreement shall be referred to the City’s Transit Administrator for a written decision. The Transit Administrator shall respond to the Council in writing with a decision within 10 business days following receipt of the questions or claims. In the event the Council disagrees with any determination or decision of the Transit Administrator, the Council shall, within 15 working days of the date of such determination or decision, appeal the determination or decision in writing to the City Administrator. Such written notice shall include all documents and other information necessary to substantiate the dispute or claim. The City Administrator will review the dispute or claim and meet with the Council’s Regional Administrator within 30 working days from the receipt of the dispute or claim to negotiate a resolution to the claim. In the event a resolution cannot be reached within 15 working days the Council may appeal the determination or decision to district court. Submission of a dispute to the City Administrator shall be a condition precedent to any district court proceeding. Failure by the Council to comply precisely with the time deadlines under this paragraph shall constitute a waiver of the Council’s right to pursue a claim or dispute under this paragraph of this Agreement. However, this paragraph shall not be construed to bar the Council from filing claims, disputing resolutions, or seeking remedies the Council is legally entitled to pursue or has a fiduciary responsibility to pursue. Questions or claims by the City regarding meaning and intent of this Agreement or arising from this Agreement shall be referred to Metro Transit’s Deputy Chief Operating Officer-Bus Operations for a written decision. The Deputy Chief Operating Officer-Bus Operations shall respond to the City in writing with a decision within 10 working day following receipt of the question or claim. In the event the City disagrees with any determination or decision of the Deputy Chief Operating Officer-Bus Operations, the City shall, within 15 working days of the date of such determination or decision, appeal the determination or decision in writing to the Council’s Regional Administrator. Such written notice shall include all documents and other information necessary to substantiate the claim. The Council’s Regional Administrator will review the claim and meet with the City Administrator wit...
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Disputes, Claims and Appeals. The Contractor shall address questions or claims regarding the meaning and intent of the Contract in writing to the Contract Administrator, within thirty (30) calendar days of the date in which the Contractor knows or should have known about the claim or question. Each party shall address questions or claims arising from this Contract in writing to the other within one (1) year from the date in which the party knows or should have known about the claim or question. The Contract Administrator will ordinarily respond to the Contractor in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the tenth (10th) day following receipt by the Contract Administrator. All claims, counterclaims, disputes and other matters in question between the County and the Contractor that are not resolved between the Contract Administrator and the Contractor or through alternative dispute resolution will be decided in the U.S. District Court for the Western District of Washington, in Seattle, which shall have exclusive jurisdiction and venue over all matters in question between the County and the Contractor. Mediation or arbitration are not mandatory prerequisites to filing a lawsuit. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract work, including the disputed requirements, unless the disputed requirement materially prevents continued performance of the contract work. Failure to comply precisely with the time deadlines under this paragraph as to any claim shall operate as a waiver and release of that claim and an acknowledgment of prejudice to the non-claiming party.
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Disputes, Claims and Appeals. The contractor shall address questions or claims regarding meaning and intent of the contract or arising from this contract in writing to the contract specialist, within five (5) calendar days of the date in which the contractor knows or should know of the question or claim. The contract specialist will ordinarily respond to the contractor in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the tenth day following receipt by the contract specialist. In the event the contractor disagrees with any determination or decision of the contract specialist, the contractor may, within five (5) calendar days of the date of such determination or decision, appeal the determination or decision in writing to the contractor specialist. Such written notice of appeal shall include all documents and other information necessary to substantiate the appeal. The contractor specialist will review the appeal and transmit a decision or determination in writing. The decision will be considered final. Appeal to the contractor specialist shall be a condition precedent to litigation hereunder. All claims, counterclaims, disputes and other matters in question between the County and the contractor that are not resolved between the contractor specialist and the contractor will be decided in the Superior Court of King County, Washington, which shall have exclusive jurisdiction and venue over all matters in question between the County and the contractor. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. Pending final decision of a dispute hereunder, the contractor shall proceed diligently with the performance of the contract and in accordance with the direction of the contractor specialist. Failure to comply precisely with the time deadlines under this paragraph as to any claim shall operate as a waiver and release of that claim and an acknowledgment of prejudice to the County.
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Disputes, Claims and Appeals a. Procedures for disputes, claims, and appeals are specified in DoD 3210.6-R. DoD policy is to try to resolve all issues concerning grants and cooperative agreements by mutual agreement at the Grants Officer’s level.
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Disputes, Claims and Appeals. These terms apply pursuant to 24 CFR part 84.62(b) (24 CFR part 85.43(b), for State and local governments),
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Related to Disputes, Claims and Appeals

  • Claims and Suits (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement.

  • Claims and Legal Actions Except for any FCC rulemaking proceedings generally affecting the broadcasting industry, and except as set forth on Schedule 3.4, to the best of Seller's knowledge, there is no claim, legal action, counterclaim, nor any order, decree or judgment, in progress or pending, or to the knowledge of Seller threatened, against or relating to Seller with respect to its ownership or operation of the Station or otherwise relating to the Assets or the business or operations of the Station, nor does Seller know or have reason to be aware of any basis for the same. In particular, but without limiting the generality of the foregoing, and except as forth on Schedule 3.14, to the best of Seller's knowledge, there are no applications, complaints or proceedings pending or, to the best of its knowledge, threatened (i) before the FCC relating to the business or operations of the Station other than rule making proceedings which affect the radio industry generally, (ii) before any federal or state agency relating to the business or operations of the Station involving charges of illegal discrimination under any federal or state employment laws or regulations, or (iii) before any federal, state, or local agency relating to the business or operations of the Station involving zoning issues under any federal, state, or local zoning law, rule, or regulation.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

  • Claims and Legal Proceedings There is no claim, action, suit, arbitration, criminal or civil investigation or proceeding pending or involving or, to Buyer's knowledge, threatened against Buyer before or by any court or governmental or nongovernmental department, commission, board, bureau, agency or instrumentality, or any other Person, that questions the validity of this Agreement or any action taken or to be taken by Buyer pursuant to this Agreement or in connection with the transactions contemplated hereby.

  • Claims and Proceedings 13 3.17 Taxes........................................................... 14 3.18 Personnel....................................................... 14 3.19

  • Claims and Review Procedure In the event that any claim for benefits that must initially be submitted in writing to the Board of Directors, is denied (in whole or in part) hereunder, the claimant shall receive from First Charter a notice of denial in writing within 60 days, written in a manner calculated to be understood by the claimant, setting forth the specific reasons for denial, with specific reference to pertinent provisions of this Supplemental Agreement. Any disagreements about such interpretations and construction shall be submitted to an arbitrator subject to the rules and procedures established by the American Arbitration Association. The arbitrator shall be acceptable to both First Charter and the Executive (or Beneficiary); if the parties cannot agree on a single arbitrator, the disagreement shall be heard by a panel of three arbitrators, with each party to appoint one arbitrator and the third to be chosen by the other two. No member of the Board of Directors shall be liable to any person for any action taken under Article VIII except those actions undertaken with lack of good faith.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • No Actions, Claims, Etc As of the date hereof, each of the Credit Parties hereby acknowledges and confirms that it has no knowledge of any actions, causes of action, claims, demands, damages and liabilities of whatever kind or nature, in law or in equity, against the Administrative Agent, the Lenders, or the Administrative Agent’s or the Lenders’ respective officers, employees, representatives, agents, counsel or directors arising from any action by such Persons, or failure of such Persons to act under the Credit Agreement on or prior to the date hereof.

  • Notices of Claims and Litigation Promptly inform Lender in writing of (1) all material adverse changes in Borrower’s financial condition, and (2) all existing and all threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor which could materially affect the financial condition of Borrower or the financial condition of any Guarantor.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

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