Disputes Involving Owner Sample Clauses

Disputes Involving Owner. 13.3.1 To the extent a claim, dispute or controversy arises out of, or relates to, problems caused by Owner or for which Owner is responsible (“Owner Disputes”), such Owner Disputes shall be resolved pursuant to the dispute resolution clause set forth in the Design-Build Agreement. Both Design-Builder and Design-Build Subcontractor agree to cooperate in the presentation and prosecution or defense of Owner Disputes. If, after a request for an extension of time or additional compensation from Design-Build Subcontractor, Design-Builder believes that the event causing the delay or additional compensation is the responsibility of Owner, then Design-Builder will cooperate with and assist Design-Build Subcontractor in presenting a request for an extension of time or additional compensation to Owner. Notwithstanding the above, Design-Builder reserves the right not to submit a claim to the Owner. In such cases, the claim shall be resolved pursuant to Section 13.4.
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Disputes Involving Owner. Any dispute resolution procedure in the Prime Contract is hereby incorporated into this Contract and shall apply to any disputes arising under any of the Contract Documents that involve the acts, or omissions of Owner or that are otherwise the responsibility of Owner under the Prime Contract (“Owner Disputes”). With respect to Owner Disputes, Contractor’s sole obligation is to present any timely filed claims by Subcontractor to Owner under such procedure, and to pay to Subcontractor the proportionate part of any sums paid by Owner to which Subcontractor is entitled hereunder.
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Disputes Involving Owner. 11.3.1 To the extent a claim, dispute or controversy arises out of, or relates to, problems caused by Owner or for which Owner is responsible ("Owner Disputes"), such Owner Disputes shall be resolved pursuant to the dispute resolution clause set forth in the Design-Build Agreement. Both Design-Builder and Design Consultant agree to cooperate in the presentation and prosecution or defense of Owner Disputes. If, after a request for an extension of time or additional compensation from Design Consultant, Design-Builder believes that the event causing the delay or additional compensation is the responsibility of Owner, then Design-Builder will cooperate with and assist Design Consultant in presenting a request for an extension of time or additional compensation to Owner. Notwithstanding the above, Design-Builder reserves the right not to submit a claim to Owner. In such cases, the claim shall be resolved pursuant to Section 11.4.
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Disputes Involving Owner. Subcontractor shall not be entitled to receive any greater amount from XYZ than XYZ receives from Owner on account of Subcontractor's claim(s), less any markups or costs to which XYZ is otherwise entitled, and Subcontractor shall accept such amount, if any, received by XYZ from Owner as a full accord and satisfaction of all such claims for or on account of acts or omissions of Owner or its representatives. If Subcontractor fails to prosecute claims relating to acts or omissions of Owner through the dispute resolution procedures of the Prime Contract, or fails in any way to adhere to claims procedures contained in the Prime Contract, it shall be barred from asserting such claims against XYZ in any other proceeding or through any other procedures, including, but not limited to, those under Section 17.2 above. Subcontractor shall be solely responsible for complying with the requirements set forth for XYZ under the Prime Contract with respect to any claims by or against Subcontractor. Subcontractor shall reimburse XYZ for any expenses incurred by XYZ, including actual attorneys' fees, for XYZ's prosecution of a claim against Owner on behalf of, and at the request of, Subcontractor. If Owner makes a claim against XYZ for which Subcontractor is alleged to be responsible, Subcontractor shall defend such claims in accordance with the provisions of the Prime Contract. If Subcontractor fails to defend such claims, XYZ shall have the right to defend such claim at Subcontractor's sole expense.
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Disputes Involving Owner 
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Related to Disputes Involving Owner

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:-

  • Disputes Concerning Membership -23 Any dispute arising as to an employee’s membership or service charge shall be reviewed by the designated representative of the Employer and a representative of the local Union, and if not resolved, may be submitted to Step III of the Grievance Procedure. However, the employee may be retained at work while the dispute is being resolved.

  • Formal Disputes concerning a pending or awarded Contract must be filed within ten (10) business days by an Interested Party (see II.B(1)(c)) after the disputing party knew or should have known of the facts which form the basis of the Formal Dispute; however, a Formal Dispute may not be filed later than ten (10) business days after issuance of the Contract award.

  • Disputes and Claims Failure to file such a protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustments or non- adjustment to the contract price and/or contract time set forth in the field order.

  • 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:

  • Disputes between a Contracting Party and an Investor of the other Contracting Party

  • Contractual Disputes Disputes and claims arising under this agreement shall be processed pursuant to the Code of Virginia Section 2.2-4363.

  • Disputes Procedure If a dispute relating to a Script licensed in accordance with this Agreement arises between the Writer and the BBC which cannot be settled by direct discussion then either party will have the right to refer the issue to a panel of five which shall be comprised of the Writer and their representative, two representatives from the BBC and an independent third party to be appointed by agreement between the Writer and the BBC. This clause shall not however be invoked in a manner which might override any other clause in this Agreement or call into question the BBC’s reasonable and proper discretion to exercise its editorial control over a Programme.

  • DISPUTES OF MEMBERS Disputes among Members will be decided by a majority vote. A Member has votes according to that Member’s percent of ownership interest (e.g., 11% ownership equals 11 votes). A majority vote is necessary for an action to take place. Any vote under this Section may occur, provided a quorum of the membership interests is present for the vote. In the event of a split vote among the Members, the Chief Executive Member shall cast a vote to break the tie. Members are required to vote on at least one (1) resolution that attempts to address and resolve the dispute between the Members prior to any Member bringing a direct action under Section 00-00-000 of the Act. Subject to Section 00-00-000 of the Act, Members may maintain a derivative action to enforce a right of the Company, provided the acting Member properly demands the other Member(s) to enforce the right of the Company, or the acting Member adequately declares with particularity that such demands are futile.

  • Disputes and Arbitration 22. Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the County, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive. If a resolution cannot be reached, the Firm shall mail or furnish to the Board of Supervisors of the County and the Office of the State Auditor a written request for review. The Firm shall be afforded an opportunity to be heard and to offer evidence in support of his/her/its position on the issue in dispute and under review. The review will be handled under a three (3) person panel for arbitration composed of the Deputy State Auditor, the Director of Technical Assistance and the Director of the Financial and Compliance Audit Division. The decision of the Arbitration Panel of the Office of the State Auditor on the review shall be final and conclusive unless determined by a court of competent jurisdiction in Xxxxx County, State of Mississippi, to have been fraudulent, capricious, or so grossly erroneous as necessarily to imply bad faith, or not be supported by substantial evidence. Pending final decision of a dispute hereunder, the Firm shall proceed diligently with the performance of the duties and obligations of the contract.

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