DISPUTES CLAUSE Sample Clauses

DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 7101- 7109) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act.

DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41

DISPUTES CLAUSE. Paragraph (d)(1) of 52.233-1 Disputes (Jul 02), which is incorporated by reference in Section I, is hereby modified to require that a claim by the Contractor shall be submitted within 180 days after accrual of the claim.

DISPUTES CLAUSE a. All disputes arising under or relating to this Lease shall be resolved under the provisions of the Contract Disputes Act of 1978, as amended (41 U.S.C. §§7101-7109). b. The Parties sha ll proceed diligently with their performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under the Lease.

DISPUTES CLAUSE. The standard OT disputes clause is a form of alternative dispute resolution (ADR). Traditional Government procurement contracts have a formal disputes process that is driven by statute and can be complex and time-consuming. In drafting the OT language, the intention is to have OTs mirror common commercial practice when handling disputes. There are a multitude of common ADR tools and methods, including mediation and arbitration. The standard OT disputes process is a three-tiered administrative process and the goal is to resolve the issue at an administrative level and avoid a more protracted and expensive legal action. The process begins at the lowest level with joint discussions between the Performer and the AO. If these parties cannot come to resolution, it is elevated to senior people at the Agency and Performer who will review the information gathered at the lower tier, collect additional information, and have additional discussions. If resolution is not reached at the second level, it is elevated to the highest managerial levels within both parties. Ultimately, if a compromise cannot be reached at any level, the DARPA Director will make the final decision, which will end the administrative process. XXXXX realizes that having the decision made this way is different from most commercial ADR procedures. Unfortunately, the Government is restricted in some ways and can generally not agree to third party binding arbitration. The Government cannot have a non-Government entity make decisions that would affect federal funds. Only a Government employee can do that. Having said that, XXXXX recognizes that having the Government make the final decision may not sit well with the Performer. While the administrative process is closed with this decision, this would not keep the Performer from being able to pursue an action in Federal court.

DISPUTES CLAUSE. Matters disputed herein due to contract conclusion, validation, performance, alteration and termination, Party A and Party B both parties shall negotiate for settlement. For failure of negotiation, one of the following three methods shall be used. 1. Submit to villagers’ committee, sub district office, the people’s governments of the townships and towns, agricultural contract management agency for mediation. 2. Submit to Wuhan City arbitration committee for arbitration. 3. Bring the suit in People’s Court with jurisdiction.

DISPUTES CLAUSE a. Disputes Valued at $10,000 or less (exclusive of interest). Except as otherwise provided in this Lease, any dispute between the Government and the Lessee arising under or related to this Lease involving $10,000.00 (exclusive of interest) or less shall be decided by the Real Estate Contracting Officer (RECO). The RECO shall reduce his or her decision to writing and mail or otherwise furnish a copy to the Lessee. With respect to any such dispute, the Xxxxxx agrees that the decision of the RECO shall be final and conclusive and shall not be appealable or otherwise subject to challenge. b. Disputes Valued at More than $10,000 (exclusive of interest) but not exceeding $25,000. The Lessee and the Government agree that the following procedures constitute the administrative procedures that must be exhausted with respect to any dispute arising under or related to this Lease involving more than $10,000 (exclusive of interest) but not exceeding $25,000, before the Lessee or the Government may pursue any other remedy that is available to it pursuant to this Lease or law. Any dispute involving more than $10,000.00 (exclusive of interest) but not exceeding $25,000 shall be decided by the Chief of Real Estate, U.S. Army Corps of Engineers Mississippi Valley Division (hereafter "Division"). The Division Chief of Real Estate shall reduce his or her decision to writing and mail or otherwise furnish a copy thereof to the Lessee. With respect to any such dispute, the Lessee agrees that the decision of the Division shall be final and conclusive and shall not be appealable or otherwise subject to challenge. c. Disputes Valued at More than $25,000 (exclusive of interest). The Lessee and the Government agree that the following procedures constitute the administrative procedures that must be exhausted with respect to any dispute arising under or related to this Lease involving more than $25,000 before the Lessee or the Government may pursue any other remedy that is available to it pursuant to this Lease or Law. Any dispute involving more than $25,000 shall be decided by the Director of Real Estate, U.S. Army Corps of Engineers (hereafter "Director"). The Director shall reduce his or her decision to writing and mail or otherwise furnish a copy thereof to the Lessee. The decision of the Director shall be final and conclusive unless, within thirty (30) calendar days from the date of receipt of the decision, the Lessee appeals the decision, by certified mail, to the Deputy Assistan...

DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 7101-7109) (the Act), all disputes arising under or relating to this Lease shall be resolved under this clause and the provisions of the Act. b. Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of Lease terms, or other relief arising under or relating to this Lease. A claim arising under this Lease, unlike a claim relating to that Lease, is a claim that can be resolved under a Lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c. (2) below. (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the District Engineer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that: (i) The claim is made in good faith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and (iii) The amount requested accurately reflects the Lease adjustment for which the Lessee believes the Government is liable. (3) If the Lessee is an individual, the certificate shall be executed by that individual. If the Lessee is not an individual, the certification shall be executed by: (i) A senior company official in charge at the Lessee's location involved; or (ii) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs. d. For Xxxxxx claims of $100,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee- certified claims over $100,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act. f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate di...

DISPUTES CLAUSE. If a dispute relates to: (a) a matter arising under this Agreement; or (b) the National Employment Standards. This term sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by between the employee or employees and relevant supervisors and/or management. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

DISPUTES CLAUSE. If any dispute arises out of or relates to this Agreement, or the breach thereof, and the dispute cannot be settled through direct discussions by the representatives of the Parties, the Parties agree then to submit the matter to mediation under the Construction Industry Mediation Rules of the American Arbitration Association before having recourse to a judicial forum. No written or oral representation made during the course of any settlement negotiations or mediation shall be deemed a party admission. If a dispute arises between the Town and its architect, construction manager, contractor, owner’s representative or any other party with whom the Town has contracted in connection with the Project related to and/or arising out of Consultant’s services under this Agreement or breach thereof, and the Town and/or such other contracting party have elected to litigate or arbitrate such dispute, Consultant and the Town agree that the Town, at its election, may cite Consultant into any such dispute and/or join Consultant into any such dispute as a necessary or interested party and/or otherwise consolidate the respective cases between Consultant and Town, and the Town and such other contracting party, so they can simultaneously be addressed in one forum and proceeding. In the event a dispute arise out of or relates to this Agreement, or the breach thereof, which results in litigation and/or other legal proceeding, the prevailing party shall be entitled to reimbursement of its attorney’s fees and costs from the non-prevailing party.