Common use of DISPUTES/CLAIMS Clause in Contracts

DISPUTES/CLAIMS. A. EXCLUSIVE REMEDY Any demand or assertion by CONSULTANT seeking any additional compensation and/or time extension, or other relief, for any reason whatsoever (hereafter collectively “Claim”), must be in strict compliance with the requirements of this Article. For purposes of this Article, any and all work relating to any such demand or assertion shall be referred to as “Disputed Work”, regardless of whether the basis of the demand or assertion arises from an interpretation of the Contract, an action or inaction of CONSULTANT or COUNTY, or any other event, issue, or circumstance. If the Disputed Work relates to any work performed by any subconsultants hired by CONSULTANT in compliance with the provisions of this Contract, any such Claims must also be processed by CONSULTANT in accordance with the provisions of this Article. The administration of a Claim as provided in this Article, including CONSULTANT’s performance of its duties and obligations specified in this Article is CONSULTANT’s sole and exclusive remedy for disputes of all types pertaining to the payment of money, extension of time, the adjustment or interpretation of the Contract, or other contractual or tort relief arising from this Contract. Compliance with the procedures described in this Article is a condition precedent to the right to file a Government Code Claim, commence litigation, or commence any other legal action. CONSULTANT waives the right to pursue or submit any Claims not processed in accordance with this Article.

Appears in 2 contracts

Samples: Professional Services, Professional Services

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DISPUTES/CLAIMS. A. EXCLUSIVE REMEDY Any demand or assertion by CONSULTANT seeking any additional compensation and/or time extension, or other relief, for any reason whatsoever (hereafter collectively “Claim”), must be in strict compliance with the requirements of this Article. For purposes of this Article, any and all work Work relating to any such demand or assertion shall be referred to as “Disputed Work”, regardless of whether the basis of the demand or assertion arises from an interpretation of the Contract, an action or inaction of CONSULTANT or COUNTY, or any other event, issue, or circumstance. If the Disputed Work relates to any work Work performed by any subconsultants hired by CONSULTANT in compliance with the provisions of this Contract, any such Claims must also be processed by CONSULTANT in accordance with the provisions of this Article. The administration of a Claim as provided in this Article, including CONSULTANT’s performance of its duties and obligations specified in this Article is CONSULTANT’s sole and exclusive remedy for disputes of all types pertaining to the payment of money, extension of time, the adjustment or interpretation of the Contract, this Contract or other contractual or tort relief arising from this Contract. Compliance with the procedures described in this Article is a condition precedent to the right to file a Government Code Claim, commence litigation, or commence any other legal action. CONSULTANT waives the right to pursue or submit any Claims not processed in accordance with this Article.

Appears in 2 contracts

Samples: Professional Services, Professional Services

DISPUTES/CLAIMS. A. EXCLUSIVE REMEDY Any demand or assertion by CONSULTANT ENGINEER seeking any additional compensation and/or time extension, or other relief, for any reason whatsoever (hereafter collectively “Claim”), must be in strict compliance with the requirements of this Article. For purposes of this Article, any and all work Work relating to any such demand or assertion shall be referred to as “Disputed Work”, regardless of whether the basis of the demand or assertion arises from an interpretation of the Contract, an action or inaction of CONSULTANT ENGINEER or COUNTYDISTRICT, or any other event, issue, or circumstance. If the Disputed Work relates to any work Work performed by any subconsultants hired by CONSULTANT ENGINEER in compliance with the provisions of this Contract, any such Claims must also be processed by CONSULTANT ENGINEER in accordance with the provisions of this Article. The administration of a Claim as provided in this Article, including CONSULTANTENGINEER’s performance of its duties and obligations specified in this Article is CONSULTANTENGINEER’s sole and exclusive remedy for disputes of all types pertaining to the payment of money, extension of time, the adjustment or interpretation of the Contract, this Contract or other contractual or tort relief arising from this Contract. Compliance with the procedures described in this Article is a condition precedent to the right to file a Government Code Claim, commence litigation, or commence any other legal action. CONSULTANT ENGINEER waives the right to pursue or submit any Claims not processed in accordance with this Article.

Appears in 1 contract

Samples: Professional Services

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DISPUTES/CLAIMS. A. EXCLUSIVE REMEDY Any demand or assertion by CONSULTANT seeking any additional compensation and/or time extension, or other relief, for any reason whatsoever (hereafter collectively “Claim”), must be in strict compliance with the requirements of this Article. For purposes of this Article, any and all work Work relating to any such demand or assertion shall be referred to as “Disputed Work”, regardless of whether the basis of the demand or assertion arises from an interpretation of the Contract, an action or inaction of CONSULTANT or COUNTYDISTRICT, or any other event, issue, or circumstance. If the Disputed Work relates to any work Work performed by any subconsultants hired by CONSULTANT in compliance with the provisions of this Contract, any such Claims must also be processed by CONSULTANT in accordance with the provisions of this Article. The administration of a Claim as provided in this Article, including CONSULTANT’s performance of its duties and obligations specified in this Article is CONSULTANT’s sole and exclusive remedy for disputes of all types pertaining to the payment of money, extension of time, the adjustment or interpretation of the Contract, this Contract or other contractual or tort relief arising from this Contract. Compliance with the procedures described in this Article is a condition precedent to the right to file a Government Code Claim, commence litigation, or commence any other legal action. CONSULTANT waives the right to pursue or submit any Claims not processed in accordance with this Article.

Appears in 1 contract

Samples: Professional Services

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