Common use of Disputes – Contract Clause in Contracts

Disputes – Contract. A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by Contractor’s Project Manager and County’s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1. Contractor shall submit to the DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. 2. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes County is liable. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. Contractor’s failure to diligently proceed shall be considered a breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If County fails to render a decision within ninety (90) calendar days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting County’s right to terminate the Contract pursuant to Paragraph 19, Termination or otherwise affect or limit either Party’s right to seek any remedies available at law or in equity.

Appears in 1 contract

Samples: Digital Media Marketing Campaign Professional Services

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Disputes – Contract. A. a) The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the County’s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1. ) Contractor shall submit to the DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. 2. ) Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes County is liable. B. b) Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If County fails to does not render a decision within ninety (90) calendar days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section paragraph shall be construed as affecting County’s right to terminate the Contract pursuant to for cause or for convenience as stated in Paragraph 19K, Termination or otherwise affect or limit either Party’s right to seek any remedies available at law or in equityTermination.

Appears in 1 contract

Samples: Diagnostic Testing Services Agreement

Disputes – Contract. A. a. The Parties shall must deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by Contractor’s Project Manager and County’s County‘s Project Manager, such matter shall must be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1. ) Contractor shall must submit to the DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. 2. ) Contractor’s written demand shall must be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, Contractor shall must include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes County is liable. B. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to must diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If County fails to does not render a decision within ninety (90) calendar days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section paragraph shall be construed as affecting County’s right to terminate the Contract pursuant to for cause or for convenience as provided in Paragraph 19K, Termination or otherwise affect or limit either Party’s right to seek any remedies available at law or in equityTermination.

Appears in 1 contract

Samples: Diagnostic Testing and Whole Genome Sequencing Services

Disputes – Contract. A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Project Manager and the County’s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1. Contractor shall submit to the DPA department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. 2. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are dataare accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes County is liable. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If County fails to render a decision within ninety (90) calendar days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed (1) as affecting County’s right to terminate the Contract pursuant to as stated in Paragraph 1921, Termination Termination, or otherwise affect or limit (2) as affecting either Party’s right to seek pursue any remedies available at law to it under this Contract or in equityby applicable Law.

Appears in 1 contract

Samples: Contract for Inventory Management System

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Disputes – Contract. A. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by Contractor’s Project Manager and County’s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1. Contractor shall submit to the DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. 2. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes County is liable. B. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If County fails to render a decision within ninety (90) calendar days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting County’s right to terminate the Contract for cause or for convenience pursuant to Paragraph 19, Termination or otherwise affect or limit either Party’s right Termination. Nothing in this Paragraph 11 shall be construed as affecting the Parties’ rights to seek any remedies available at law or in equityterminate under this Contract.

Appears in 1 contract

Samples: Electronic Health Records System Maintenance and Support Services

Disputes – Contract. A. a. The Parties parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by Contractor’s Project Manager and County’s County ‘s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1. i. Contractor shall submit to the DPA department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the Parties parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. 2ii. Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes County is liable. B. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods commodities and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. . c. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If County fails to render a decision within ninety (90) calendar 90 days after receipt of Contractor’s demand, it shall be deemed a final decision adverse to Contractor’s contentions. Nothing in this section shall be construed as affecting County’s right to terminate the Contract pursuant to Paragraph 19, Termination for cause or otherwise affect or limit either Party’s right to seek any remedies available at law or termination for convenience as stated in equitysection K herein.

Appears in 1 contract

Samples: Third Party Administration Services Contract

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