Engineering Disputes Sample Clauses

Engineering Disputes. In the event that Developer disputes any recommendation, requirement, action, omission, or decision of the County Designee, Developer shall notify the County and the County Designee within 30 days of such recommendation, requirement, action, omission, or decision, and shall retain at its own expense a third-party engineer licensed in the State of Kansas (the “Appealing Engineer”) to review such recommendation, requirement, action, omission, or decision. The County Designee and the Appealing Engineer shall meet within 30 days of such notice and shall employ good faith efforts to try to resolve such dispute. If the County Designee and the Appealing Engineer are unable to resolve such dispute within 60 days of such notice, the County Designee and the Appealing Engineer shall agree upon a third engineer licensed in the State of Kansas (the “Deciding Engineer”), to be paid for by Developer. The Deciding Engineer shall have a maximum of 60 days to review such recommendation, requirement, action, omission, or decision and render a decision which shall be binding upon the Parties.
Sample 1
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Engineering Disputes. In the event that Developer disputes any recommendation, requirement, action, omission, or decision of the Third-Party Engineer, Developer shall notify the County and the Third Party Engineer within thirty (30) days of such recommendation, requirement, action, omission, or decision, and shall retain at its own expense a third-party engineer licensed in the State of Kansas with knowledge of the operation and decommissioning of wind farms (the “Appealing Engineer”) to review such recommendation, requirement, action, omission, or decision. The Third Party Engineer and the Appealing Engineer shall meet within thirty (30) days of such notice and shall employ good faith efforts to try to resolve such dispute. If the Third Party Engineer and the Appealing Engineer are unable to resolve such dispute within sixty (60) days of such notice, the Third Party Engineer and the Appealing Engineer shall agree upon a third engineer licensed in the State of Kansas with knowledge of the operation and decommissioning of wind farms (the “Deciding Engineer”), to be paid for by Developer, who shall have a maximum of sixty (60) days to review such recommendation, requirement, action, omission, or decision and render a decision which shall be binding upon the Parties. The Developer will reimburse the County for its reasonable expenses related to the additional expenses incurred by Third-Party Engineer and County. Developer shall then be given sixty (60) days to act upon such final decision. For the avoidance of doubt, neither the Wind Project nor any individual Generating Unit will be required to cease operation due to any disputed condition until the process described in this Section 4.1 has been fully completed, but the Developer agrees to comply with the decision of the Deciding Engineer.
Sample 1
Engineering Disputes. In the event that Company disputes any recommendation, requirement, action, omission, or decision of the Third Party Engineer or Reviewing Engineer, Company shall notify the County and the Third Party Engineer or Reviewing Engineer within 30 days of receipt of the recommendation of the Reviewing Engineer, and shall retain at its own expense a third-party engineer licensed in the State of Kansas with knowledge of the operation and decommissioning of wind farms (the “Appealing Engineer”) to review such recommendation, requirement, action, omission, or decision. The Third Party Engineer or Reviewing Engineer and the Appealing Engineer shall meet within 30 days of such notice and shall employ good faith efforts to try to resolve such dispute. If the Third Party Engineer or Reviewing Engineer and the Appealing Engineer are unable to resolve such dispute within 60 days of such notice, the Third Party Engineer or Reviewing Engineer and the Appealing Engineer shall agree upon a third engineer licensed in the State of Kansas with knowledge of the operation and decommissioning of wind farms, (the “Deciding Engineer”), to be paid for by Company, who shall have a minimummaximum of 60 days to review such recommendation, requirement, action, omission, or decision and render a decision which shall be binding upon the parties. In the event the Deciding Engineer agrees with the Reviewing Engineer, then the Company will reimburse the County for its reasonable expenses related to the engagement of the Reviewing Engineer. Company shall then be given a minimum of 60 days to act upon such final decision but no later than a date determined by the Deciding Engineer to act on such final decision. For the avoidance of doubt, neither the Project nor any individual wind turbine will be required to cease operation due to any disputed condition until the full completion of the process described in this Paragraph 9(e) but the Company agrees to comply with the decision of the AppealingDeciding Engineer.
Sample 1

Related to Engineering Disputes

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Xxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin:

  • 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:-

  • Settling Disputes All Partners agree to enter into mediation before filing suit against any other Partner or the Limited Partnership for any dispute arising from this Agreement or Limited Partnership. Partners agree to attend one session of mediation before filing a suit. If any Partner does not attend mediation or the dispute is not settled after one session of mediation, the Partners are free to file suit. All Partners signed hereto agree to the above stated Agreement. PARTNER #1 ______________________________ ______________________________ Signature PARTNER #2 _______________________________ ______________________________

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.

  • Commencing Dispute Resolution 13.3.1 Dispute Resolution shall commence upon one Party’s receipt of written Notice of a controversy or claim arising out of or relating to this Agreement or its breach. No Party may pursue any claim unless such written Notice has first been given to the other Party. There are three (3) separate Dispute Resolution methods:

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties related to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • Merchant Disputes The Credit Union is not responsible for the refusal of any merchant or financial institution to honor your card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the card if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b) your purchase cost more than $50.00 and was made in your state or within 100 miles of your home.

  • Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201–2017 [ X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

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