Common use of Final Authority Clause in Contracts

Final Authority. The Office shall have the final authority to interpret, construe, and apply the terms and conditions of this Agreement. Any decision of the Office related to the interpretation, construction, or application of any terms or conditions or resolution of any disputes under or related to this Agreement shall be final and binding on Grantee, subject to Iowa Administrative Code rule 129—22.6(5) and Iowa Code chapter 17A. Failure to pursue the administrative remedies available pursuant to Iowa Administrative Code rule 129—22.6(5) and thereafter Iowa Code chapter 17A shall render any order rendered by the Office pursuant to the processes set forth in that rule final and binding on the Parties, and shall be deemed a failure to exhaust administrative remedies. Outside of this process, Grantee waives any right, title, or interest it may have to bring a breach of contract claim or any other claim originating in district court or before any other tribunal, whether state or federal, in connection with or otherwise relating to this Agreement. In addition, Grantee waives any right or ability to claim that a final decision rendered pursuant to the above-described process is neither binding nor enforceable, and waives any right, claim, or ability to challenge the Office’s authority to interpret, construe, or apply the terms and conditions set forth in this Agreement in the first instance, which interpretations, constructions, applications of law to fact, and underlying findings of fact shall be entitled to fullest and most expansive interpretative deference and deference applicable to findings of fact on judicial review as if the Office is fully vested with such authority; this provision shall not be understood, interpreted, or construed as an admission or concession by the Office that it has not otherwise been fully vested with such authority.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

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Final Authority. The Office shall have the final authority to interpret, construe, and apply the terms and conditions of this Agreement. Any decision of the Office related to the interpretation, construction, or application of any terms or conditions or resolution of any disputes under or related to this Agreement shall be final and binding on Grantee, subject to Iowa Administrative Admin. Code rule 129—22.6(5r. 129-22.6(5) and Iowa Code chapter ch. 17A. Failure to pursue the administrative remedies available pursuant to Iowa Administrative Admin. Code rule 129—22.6(5r. 129-22.6(5) and thereafter Iowa Code chapter ch. 17A shall render any order rendered by the Office pursuant to the processes set forth in that rule final and binding on the Parties, and shall be deemed a failure to exhaust administrative remedies. Outside of this process, Grantee waives any right, title, or interest it may have to bring a breach of contract claim or any other claim originating in district court or before any other tribunal, whether state or federal, in connection with or otherwise relating to this Agreement. In addition, Grantee waives any right or ability to claim that a final decision rendered pursuant to the above-described process is neither binding nor enforceable, and waives any right, claim, or ability to challenge the Office’s authority to interpret, construe, or apply the terms and conditions set forth in this Agreement in the first instance, which interpretations, constructions, applications of law to fact, and underlying findings of fact shall be entitled to fullest and most expansive interpretative deference and deference applicable to findings of fact on judicial review as if the Office is fully vested with such authority; this Agreement. This provision shall not be understood, interpreted, or construed as an admission or concession by the Office that it has not otherwise been fully vested with such authority.

Appears in 1 contract

Samples: Grant Agreement

Final Authority. The Office shall have the final authority to interpret, construe, and apply the terms and conditions of this Agreement. Any decision of the Office related to the interpretation, construction, or application of any terms or conditions or resolution of any disputes under or related to this Agreement shall be final and binding on Grantee, subject to Iowa Administrative Code rule 129—22.6(5) and Iowa Code chapter 17A. Failure to pursue the administrative remedies available pursuant to Iowa Administrative Code rule 129—22.6(5) and thereafter Iowa Code chapter 17A shall render any order rendered by the Office pursuant to the processes set forth in that rule final and binding on the Parties, and shall be deemed a failure to exhaust administrative remedies. Outside of this process, Grantee Xxxxxxx waives any right, title, or interest it may have to bring a breach of contract claim or any other claim originating in district court or before any other tribunal, whether state or federal, in connection with or otherwise relating to this Agreement. In addition, Grantee waives any right or ability to claim that a final decision rendered pursuant to the above-described process is neither binding nor enforceable, and waives any right, claim, or ability to challenge the Office’s authority to interpret, construe, or apply the terms and conditions set forth in this Agreement in the first instance, which interpretations, constructions, applications of law to fact, and underlying findings of fact shall be entitled to fullest and most expansive interpretative deference and deference applicable to findings of fact on judicial review as if the Office is fully vested with such authority; this . This provision shall not be understood, interpreted, or construed as an admission or concession by the Office that it has not otherwise been fully vested with such authority.

Appears in 1 contract

Samples: Grant Agreement

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Final Authority. The Office shall have the final authority to interpret, construe, and apply the terms and conditions of this Agreement. Any decision of the Office related to the interpretation, construction, or application of any terms or conditions or resolution of any disputes under or related to this Agreement shall be final and binding on Grantee, subject to Iowa Administrative Code rule 129—22.6(5) and Iowa Code chapter 17A. Failure to pursue the administrative remedies available pursuant to Iowa Administrative Code rule 129—22.6(5) and thereafter Iowa Code chapter 17A shall render any order rendered by the Office pursuant to the processes set forth in that rule final and binding on the Parties, and shall be deemed a failure to exhaust administrative remedies. Outside of this process, Grantee Xxxxxxx waives any right, title, or interest it may have to bring a breach of contract claim or any other claim originating in district court or before any other tribunal, whether state or federal, in connection with or otherwise relating to this Agreement. In addition, Grantee waives any right or ability to claim that a final decision rendered pursuant to the above-described process is neither binding nor enforceable, and waives any right, claim, or ability to challenge the Office’s authority to interpret, construe, or apply the terms and conditions set forth in this Agreement in the first instance, which interpretations, constructions, applications of law to fact, and underlying findings of fact shall be entitled to fullest and most expansive interpretative deference and deference applicable to findings of fact on judicial review as if the Office is fully vested with such authority; this provision shall not be understood, interpreted, or construed as an admission or concession by the Office that it has not otherwise been fully vested with such authority.

Appears in 1 contract

Samples: Grant Agreement

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