Failure to Negotiate. If the selected Offeror fails to provide the information required to begin negotiations in a timely manner; or fails to negotiate in good faith; or indicates they cannot perform the contract within the budgeted funds available for the project; or if the Offeror and the Lead State, after a good faith effort, simply cannot come to terms, the Lead State may terminate negotiations with the Offeror initially selected and commence negotiations with the next highest ranked Offeror.
Failure to Negotiate. If direct negotiation fails to resolve the dispute, the parties agree to engage in mediation before resorting to arbitration.