DISPUTES/CLAIMS. All claims arising under or related to this Agreement shall be referred to the management of each party prior to recourse to any action at law or in equity. Management of each party shall mean an officer of a party occupying a position of vice president or higher. Any claim by Xxxxxx shall be made in writing and submitted to Buyer for a decision within thirty (30) days after the writing is delivered to Buyer. Seller must include the following in its statement of claim: (i) A representation that supporting data are accurate and complete to the best of Seller’s knowledge and belief; and (ii) A representation that the amount requested accurately reflects the adjustment for which Seller agrees Buyer is liable. Any claim presented by Xxxxxx must be signed by a senior official of Seller. Seller shall proceed diligently with the performance of work under this Agreement pending final resolution of any claim for relief, dispute between the parties or any action arising under this Agreement. Seller’s performance under this Agreement during the pendency of the dispute shall be in accordance with Xxxxx’s instructions. In the event the parties are unable to fully resolve the claim, then either party may pursue recourse in accordance with Article 23.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Order Agreement
DISPUTES/CLAIMS. All claims arising under or related to this Agreement shall be referred to the management of each party prior to recourse to any action at law or in equity. Management of each party shall mean an officer of a party occupying a position of vice president or higher. Any claim by Xxxxxx Seller shall be made in writing and submitted to Buyer for a decision within thirty (30) days after the writing is delivered to Buyer. Seller must include the following in its statement of claim:
(i) A representation that supporting data are accurate and complete to the best of Seller’s knowledge and belief; and
(ii) A representation that the amount requested accurately reflects the adjustment for which Seller agrees Buyer is liable. Any claim presented by Xxxxxx Seller must be signed by a senior official of Seller. Seller shall proceed diligently with the performance of work under this Agreement pending final resolution of any claim for relief, dispute between the parties or any action arising under this Agreement. Seller’s performance under this Agreement during the pendency of the dispute shall be in accordance with XxxxxBuyer’s instructions. In the event the parties are unable to fully resolve the claim, then either party may pursue recourse in accordance with Article 23.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement