Common use of Disputes Under Prime Contract Provision Clause in Contracts

Disputes Under Prime Contract Provision. 21.2.1 Notwithstanding paragraph 21.1, any Dispute arising under or related to this Order, which Buyer could include in a claim or other demand under the disputes provisions of the prime contract shall be resolved, at Buyer's option, as follows: (i) Seller shall provide Buyer with a fully supported written claim, properly certified, within twenty (20) days after the claim accrues; (ii) Seller shall cooperate with Buyer in prosecuting Seller's timely made claim or demand and will be bound by the resulting decision; and (iii) Seller shall pay its proportional costs in pursuing the claim. If Seller fails to provide Buyer with a written claim for any Dispute that could fall within this paragraph within twenty (20) days after the claim arises, Seller is deemed to have waived the claim and may not bring the claim under paragraph 21.1 or 21.2. 21.2.2 Buyer's entire liability to Seller with respect to any matter prosecuted under the prime contract disputes clause shall be limited to the recovery obtained against the Government (or prime contractor) for Seller's claims, less markups specifically allowed Xxxxx. If Seller is affected by the resulting decision and Buyer elects to appeal, Seller shall pay to Buyer Seller’s proportion of the appeal costs. If Buyer elects not to appeal the decision, Xxxxx shall notify Seller of such decision within thirty (30) days. If Seller submits a timely request to Buyer to appeal such decision, Buyer shall file an appeal, at Seller's sole cost, if Buyer may do so in good faith. Xxxxx has the right to review, prior to submission, any pleading or other papers Seller wants to file in such appeal. Seller agrees to delete any admissions or statements in the pleadings or papers to which Buyer reasonably objects. If Buyer appeals such decision, whether or not at Seller's request, any decision regarding such appeal shall be binding on Buyer and Seller as it relates to this Order. Paragraph 21.1 does not apply to disputes and appeals prosecuted under the prime contract.

Disputes Under Prime Contract Provision. 21.2.1 Notwithstanding paragraph 21.1, any Dispute arising under or related to this Order, which Buyer could include in a claim or other demand under the disputes provisions of the prime contract shall be resolved, at Buyer's option, as follows: (i) Seller shall provide Buyer with a fully supported written claim, properly certified, within twenty (20) days after the claim accrues; (ii) Seller shall cooperate with Buyer in prosecuting Seller's timely made claim or demand and will be bound by the resulting decision; and (iii) Seller shall pay its proportional costs in pursuing the claim. If Seller fails to provide Buyer with a written claim for any Dispute that could fall within this paragraph within twenty (20) days after the claim arises, Seller is deemed to have waived the claim and may not bring the claim under paragraph 21.1 or 21.2. 21.2.2 Buyer's entire liability to Seller with respect to any matter prosecuted under the prime contract disputes clause shall be limited to the recovery obtained against the Government (or prime contractor) for Seller's claims, less markups specifically allowed Xxxxx. If Seller is affected by the resulting decision and Buyer elects to appeal, Seller shall pay to Buyer Seller’s proportion of the appeal costs. If Buyer elects not to appeal the decision, Xxxxx shall notify Seller of such decision within thirty (30) days. If Seller submits a timely request to Buyer to appeal such decision, Buyer shall file an appeal, at Seller's sole cost, if Buyer may do so in good faith. Xxxxx has the right to review, prior to submission, any pleading or other papers Seller wants to file in such appeal. Seller agrees to delete any admissions or statements in the pleadings or papers to which Buyer reasonably objects. If Buyer appeals such decision, whether or not at Seller's request, any decision regarding such appeal shall be binding on Buyer and Seller as it relates to this Order. Paragraph Paragraphs 18 and 21.1 does do not apply to disputes and appeals prosecuted under the prime contract.

Disputes Under Prime Contract Provision. 21.2.1 Notwithstanding paragraph Section 21.1, any Dispute arising under or related to this Order, which Buyer Xxxxx could include in a claim or other demand under the disputes provisions of the prime contract shall be resolved, at Buyer's option, as follows: (i) Seller shall provide Buyer with a fully supported written claim, properly certified, within twenty (20) days after the claim accrues; (ii) Seller shall cooperate with Buyer in prosecuting Seller's timely made claim or demand and will be bound by the resulting decision; and (iii) Seller shall pay its proportional costs in pursuing the claim. If Seller fails to provide Buyer with a written claim for any Dispute that could fall within this paragraph Section within twenty (20) days after the claim arises, Seller is deemed to have waived the claim and may not bring the claim under paragraph Sections 21.1 or 21.2. 21.2.2 Buyer's entire liability to Seller with respect to any matter prosecuted under the prime contract disputes clause shall be limited to the recovery obtained against the Government (or prime contractor) for Seller's claims, less markups specifically allowed Xxxxx. If Seller is affected by the resulting decision and Buyer elects to appeal, Seller shall pay to Buyer Seller’s proportion of the appeal costs. If Buyer elects not to appeal the decision, Xxxxx shall notify Seller of such decision within thirty (30) days. If Seller submits a timely request to Buyer to appeal such decision, Buyer shall file an appeal, at Seller's sole cost, if Buyer may do so in good faith. Xxxxx has the right to review, prior to submission, any pleading or other papers Seller wants to file in such appeal. Seller agrees to delete any admissions or statements in the pleadings or papers to which Buyer reasonably objects. If Buyer appeals such decision, whether or not at Seller's request, any decision regarding such appeal shall be binding on Buyer and Seller as it relates to this Order. Paragraph . Section 21.1 does not apply to disputes and appeals prosecuted under the prime contract.

Disputes Under Prime Contract Provision. 21.2.1 Notwithstanding paragraph Section 21.1, any Dispute arising under or related to this Order, which Buyer Xxxxx could include in a claim or other demand under the disputes provisions of the prime contract shall be resolved, at Buyer's option, as follows: (i) Seller shall provide Buyer with a fully supported written claim, properly certified, within twenty (20) days after the claim accrues; (ii) Seller shall cooperate with Buyer in prosecuting Seller's timely made claim or demand and will be bound by the resulting decision; and (iii) Seller shall pay its proportional costs in pursuing the claim. If Seller fails to provide Buyer with a written claim for any Dispute that could fall within this paragraph Section 21.2.1 within twenty (20) days after the claim arises, Seller is deemed to have waived the claim and may not bring the claim under paragraph Section 21.1 or 21.2. 21.2.2 Buyer's entire liability to Seller with respect to any matter prosecuted under the prime contract disputes clause shall be limited to the recovery obtained against the Government (or prime contractor) for Seller's claims, less markups specifically allowed Xxxxx. If Seller is affected by the resulting decision and Buyer elects to appeal, Seller shall pay to Buyer Seller’s proportion of the appeal costs. If Buyer elects not to appeal the decision, Xxxxx shall notify Seller of such decision within thirty (30) days. If Seller submits a timely request to Buyer to appeal such decision, Buyer shall file an appeal, at Seller's sole cost, if Buyer may do so in good faith. Xxxxx has the right to review, prior to submission, any pleading or other papers Seller wants to file in such appeal. Seller agrees to delete any admissions or statements in the pleadings or papers to which Buyer reasonably objects. If Buyer appeals such decision, whether or not at Seller's request, any decision regarding such appeal shall be binding on Buyer and Seller as it relates to this Order. Paragraph 21.1 does not apply to disputes and appeals prosecuted under the prime contract.