Disputes under the Prime Contract. If any Dispute between Subcontractor and Contractor arising out of or relating to this Subcontract (“Subcontract Dispute”) pertains in any way to a claim, dispute, or matter in question between Contractor and Owner arising out of or relating to the Prime Contract (“Related Prime Contract Dispute”), then this Subcontract Dispute will be decided using the same procedures, forum, and process utilized for the Related Prime Contract Dispute, and the laws governing the resolution of Prime Contract disputes, regardless of whether Subcontractor formally joins the process as a litigant or named party. Any and all claims of the Subcontractor related to a Related Prime Contract Dispute shall be handled in this manner. Subcontractor agrees to: (i) cooperate with Contractor, (ii) assist in the discovery and other preparations for the hearing, (iii) make its employees available for testimony before and after the hearing, (iv) share proportionately the legal fees and costs associated with the preparation for and execution of the hearing to the extent mutually agreed upon related to the amount of damage being pursued by the Contractor on Subcontractor’s behalf, and (v) stay any action filed by the Subcontractor against Contractor as long as the Subcontractor’s position is being diligently pursued by the Contractor in the hearing where the Related Prime Contract Dispute is being heard, and until all such appeals pertaining to the Related Prime Contract Dispute are exhausted. Subcontractor will be bound by the results of the dispute resolution procedure controlling the Related Prime Contract Dispute as it relates to Subcontractor, and such results shall be final. Nothing in this Subcontract shall allow Subcontractor to be a named party in a dispute forum being utilized by Contractor and Owner where that Subcontractor has no legal standing to litigate its disputes before that forum.
Disputes under the Prime Contract. If a Dispute between Subcontractor and Contractor pertains in any way to a claim, dispute, or matter in question between Contractor and Owner arising out of or relating to the Prime Contract Documents, then the Dispute will be decided using the same law, procedures, forum, and process set forth in the Prime Contract Documents, regardless of whether Subcontractor formally joins the process as a litigant or named party. Subcontractor agrees to reasonably cooperate with Contractor in such process and to share proportionately the legal fees and costs associated with the preparation for and execution of the hearing to the extent mutually agreed upon related to the Claim being pursued by the Contractor on Subcontractor’s behalf. Subcontractor further agrees to stay any action filed by the Subcontractor against Contractor until the dispute between Contractor and Owner is resolved. If a Project is located in Hawaii, and the Prime Contract does not provide rules for mediation, the mediation shall be governed by the Mediation Rules of Dispute Prevention & Resolution, Inc. (located in Honolulu, Hawaii) or the Parties may mutually agree to select another set of mediation rules.
Disputes under the Prime Contract. This paragraph B governs all Disputes of the Subcontractor concerning matters that are directly or indirectly subject to resolution under the Disputes Clause of the Prime Contract. SwRI will submit any such Dispute to the Contracting Officer under the Prime Contract for a written decision under the Disputes Clause of the Prime Contract and will notify the Subcontractor of any final decision of the Contracting Officer under the Prime Contract that relates to this Subcontract or to the Subcontractor's performance under it within 10 days after SwRI receives the decision. Any final decision will be conclusive and binding upon the Subcontractor unless it is appealed pursuant to paragraph A. above or pursuant to the Disputes Clause of the Prime Contract. If SwRI elects not to appeal any final decision of the Contracting Officer under the Disputes Clause of the Prime Contract, SwRI will so notify the Subcontractor in writing within 20 days after SwRI receives the final decision. Within 30 days after Subcontractor receives SwRI's notice of its decision not to appeal the final decision of the Contracting Officer, Subcontractor notify SwRI that Subcontractor wishes to appeal that final decision pursuant to the Disputes Clause of the Prime Contract. SwRI shall, within 10 days either grant or deny the Subcontractor an indirect right to appeal that final decision in SwRI's name under the Disputes Clause of the Prime Contract. Both parties acknowledge and agree that with regard to Disputes concerning alleged submissions of defective cost or pricing data, SwRI shall grant Subcontractor's request. Subcontractor will pay all costs and expenses of any such appeal. Subcontractor will be solely responsible for prosecuting the appeal and preparing and presenting all pleadings, evidence and argument. Subcontractor will provide monthly written reports to SwRI of the progress of the appeal and will furnish SwRI copies of all pleadings and non-privileged correspondence filed or received by it concerning the appeal. If SwRI is required to submit a certification to the Government regarding a claim submitted pursuant to the Contract Disputes Act, Subcontractor will make available to SwRI all data and documentation that is necessary or appropriate to support or confirm the certification. In the event, SwRI denies Subcontractor an indirect right to appeal a final decision in SwRI's name under the Disputes Clause of the Prime Contract, both parties acknowledge and agree that such Disput...
Disputes under the Prime Contract. (a)To the extent the Client requires a mandatory disputes resolution process pursuant to statute, regulation, or contract (the “Disputes Process”) which governs the resolution of questions of law or fact relating to the Prime Contract, all of the Subcontractor claims, controversies or disputes concerning matters which pertain to disputes cognizable under the Disputes Process shall be governed by the provisions of this Disputes Process and the Subcontractor shall provide BearingPoint, Inc. with a timely and detailed written notice of any such claims or controversies. Any decision under the Disputes Process relating to the Subcontract or the Subcontractor’s performance hereunder shall be conclusive and binding upon the Subcontractor unless appealed and reversed. BearingPoint, Inc. shall notify the Subcontractor of any such decision within ten (10) calendar days of BearingPoint, Inc.’s receipt thereof.
Disputes under the Prime Contract. If any Dispute between Subcontractor and Contractor arising out of or relating to this Subcontract (“Subcontract Dispute”) pertains in any way to a claim, dispute, or matter in question between Contractor and Owner arising out of or relating to the Prime Contract (“Related Prime Contract Dispute”), then this Subcontract Dispute will be decided using the same procedures, forum, and process utilized for the Related Prime Contract Dispute, and the laws governing the resolution of Prime Contract disputes, regardless of whether Subcontractor formally joins the process as a litigant or named party. Any and all claims of the Subcontractor related to a Related Prime Contract Dispute shall be handled in this manner. Subcontractor agrees to: (i) cooperate with Contractor, (ii) assist in the discovery and other preparations for the hearing, (iii) make its employees available for testimony before and after the hearing,
Disputes under the Prime Contract a. If a decision on a question of fact is issued by the Contracting Officer under the Prime Contract "Disputes" clause and the decision relates to this Subcontract, said decision, if binding upon contractor under the Prime Contract, shall also be binding upon Contractor and Subcontractor with respect to this Subcontract. However, if Subcontractor is affected by such decision, and if contractor elects not to appeal such decision under the "Disputes" clause of the Prime Contract, contractor shall notify Subcontractor promptly. After receipt of such notice from Contractor, if Subcontractor submits a timely request to Contractor to appeal such decision, Contractor shall file an appeal. If Contractor appeals such decision, whether at its election or at Subcontractor's request, a decision upon such appeal, if binding upon Contractor under the Prime contract, shall be binding upon Contractor and Subcontractor as it relates to this Subcontract. Appeals under the "Dispute" clause of the Prime Contract do not preclude consideration of questions of law in connection with decisions referenced above.
Disputes under the Prime Contract. If Meggitt has a claim under this Subcontract that in both Oak Grove’s and Xxxxxxx’x reasonable opinion is the responsibility of the Government, Meggitt shall provide Oak Grove with a fully supported written claim, properly certified if applicable, within ninety (90) days after the claim accrues. Oak Grove will review and submit the claim to the Prime Contract Contracting Officer (“Contracting Officer”) pursuant to Contracts Dispute Act of 1978 (“CDA”) and FAR 52.233-1. Oak Grove agrees to notify Meggitt within ten (10) days after receipt of a final decision or any subsequent decision rendered by the Contracting Officer under the CDA and to forward a copy of such decision, with copies of other pertinent papers, if any, to Meggitt. Subject to the provisions of the CDA and this clause, Oak Grove shall, exercise its reasonable discretion in deciding whether or not to prosecute an appeal from the Contracting Officer to the appropriate Board of Contract Appeals or to the United States Court of Claims on behalf of Meggitt. With respect to such appeal, Oak Grove shall cooperate with Meggitt in its defense of any claim asserted by the Government, and Meggitt shall have the right to participate fully in the phases thereof which affect Xxxxxxx’x interest, including the preparation of pleadings, introduction of evidence and presentation of argument. Oak Grove shall consult with Meggitt before entering into a settlement with the Government as to any portion of the appeal affecting Meggitt. Meggitt agrees that its remedies in such an appeal (including the measure of damages or equitable adjustment and interest) shall be determined by, and be no greater than, the remedies that could have been granted to Oak Grove. The cost and expense of any request for relief, claim, appeal, or action prosecuted by Meggitt or by Oak Grove on Xxxxxxx’x behalf or asserted against Meggitt shall be borne by Meggitt.
