Common use of MANDATORY DISPUTE RESOLUTION PROCESS Clause in Contracts

MANDATORY DISPUTE RESOLUTION PROCESS. 13.1 If any dispute arises between CONSULTANT and DISTRICT, CONSULTANT shall, unless DISTRICT instructs otherwise, continue performance of all obligations under this Agreement without cessation or delay pending resolution of the dispute, regardless of the size or nature of the dispute. Likewise, DISTRICT shall continue to make payments for undisputed amounts during such continued performance. CONSULTANT waives all rights to seek an injunction, temporary restraining order and any other relief which would stop or delay the progress of the Work. By placing substantially identical text, or by incorporating this Article 13 into the contracts and subcontracts with CONSULTANT’s Consultants and Sub-Consultants, CONSULTANT shall bind each and all of its Consultants and Sub-Consultants to CONSULTANT as CONSULTANT and DISTRICT are bound to one another under this Article 13. Failure of CONSULTANT to do so shall be deemed a breach of this Agreement by CONSULTANT and CONSULTANT shall be liable to DISTRICT for all losses caused thereby. 13.2 The mandatory dispute resolution provisions of this Article 13 are adopted and implemented by the District pursuant to the authority afforded it under, without limitation Government Code sections 930.2, 930.4, 930.6, and Applicable Laws. This Article 13 applies equally to the DISTRICT as it does to the CONSULTANT, except as stated otherwise in this Agreement or prohibited by applicable law. 13.3 The District and CONSULTANT agree that this Article 13, in its entirety, must be followed as a condition precedent to arbitration as set forth herein below. This Article 13 establishes the exclusive procedures for “Claims” between the CONSULTANT and the DISTRICT regarding this Agreement, except as may be expressly exempted elsewhere in this Agreement. Claims shall be resolved by the Parties in accordance with the provisions of this Article 13, in lieu of any and all rights under the law that either Party may have to have its rights adjudged by a trial court or jury. It is also the intent of this mandatory and exclusive resolution procedure to resolve a “Claim” as close as possible to the conclusion of the event(s) and 13.4 Both Parties acknowledge that their failure and/or refusal to follow this mandatory and exclusive process will irreparably prejudice the other Party and as such, should a Party to this Agreement fail or refuse to comply with this process, any “Claim” they may have shall be waived and forfeited. This process applies equally to the District as it does to the Consultant. 13.5 For purposes of this Article 13, a “Claim” means a written demand or assertion by one or both of the parties: (1) seeking, as a matter of right, an interpretation of this Agreement; (2) a breach of this Agreement; (3) any request for more time; and/or (4) the payment of money and/or the recovery of damages. A Claim can contain more than one item (e.g., such as seeking two interpretations of the Agreement; or an interpretation and damage, or two or more claims for compensation each having a different basis/cause thereof, etc.) The fact that a Claim may contain two or more items does not give a Party the right to delay submitting a Claim beyond the ten (10) day time limit set forth below.

MANDATORY DISPUTE RESOLUTION PROCESS. 13.1 If any dispute arises between CONSULTANT and DISTRICT, CONSULTANT shall, unless DISTRICT instructs otherwise, continue performance of all obligations under this Agreement without cessation or delay pending resolution of the dispute, regardless of the size or nature of the dispute. Likewise, DISTRICT shall continue to make payments for undisputed amounts during such continued performance. CONSULTANT waives all rights to seek an injunction, temporary restraining order and any other relief which would stop or delay the progress of the Work. By placing substantially identical text, or by incorporating this Article 13 into the contracts and subcontracts with CONSULTANT’s Consultants and Sub-Consultants, CONSULTANT shall bind each and all of its Consultants and Sub-Consultants to CONSULTANT as CONSULTANT and DISTRICT are bound to one another under this Article 13. Failure of CONSULTANT to do so shall be deemed a breach of this Agreement by CONSULTANT and CONSULTANT shall be liable to DISTRICT for all losses caused thereby., 13.2 The mandatory dispute resolution provisions of this Article 13 are adopted and implemented by the District pursuant to the authority afforded it under, without limitation Government Code sections 930.2, 930.4, 930.6, and Applicable Laws. This Article 13 applies equally to the DISTRICT as it does to the CONSULTANT, except as stated otherwise in this Agreement or prohibited by applicable law. 13.3 The District and CONSULTANT agree that this Article 13, in its entirety, must be followed as a condition precedent to arbitration as set forth herein below. This Article 13 establishes the exclusive procedures for “Claims” between the CONSULTANT and the DISTRICT regarding this Agreement, except as may be expressly exempted elsewhere in this Agreement. Claims shall be resolved by the Parties in accordance with the provisions of this Article 13, in lieu of any and all rights under the law that either Party may have to have its rights adjudged by a trial court or jury. It is also the intent of this mandatory and exclusive resolution procedure to resolve a “Claim” as close as possible to the conclusion of the event(s) and 13.4 Both Parties acknowledge that their failure and/or refusal to follow this mandatory and exclusive process will irreparably prejudice the other Party and as such, should a Party to this Agreement fail or refuse to comply with this process, any “Claim” they may have shall be waived and forfeited. This process applies equally to the District as it does to the Consultant. 13.5 For purposes of this Article 13, a “Claim” means a written demand or assertion by one or both of the parties: (1) seeking, as a matter of right, an interpretation of this Agreement; (2) a breach of this Agreement; (3) any request for more time; and/or (4) the payment of money and/or the recovery of damages. A Claim can contain more than one item (e.g., such as seeking two interpretations of the Agreement; or an interpretation and damage, or two or more claims for compensation each having a different basis/cause thereof, etc.) The fact that a Claim may contain two or more items does not give a Party the right to delay submitting a Claim beyond the ten (10) day time limit set forth below.

MANDATORY DISPUTE RESOLUTION PROCESS. 13.1 If any dispute arises between CONSULTANT and DISTRICT, CONSULTANT shall, unless DISTRICT instructs otherwise, continue performance of all obligations under this Agreement without cessation or delay pending resolution of the dispute, regardless of the size or nature of the dispute. Likewise, DISTRICT shall continue to make payments for undisputed amounts during such continued performance. CONSULTANT waives all rights to seek an injunction, temporary restraining order and any other relief which would stop or delay the progress of the Work. By placing substantially identical text, or by incorporating this Article 13 into the contracts and subcontracts with CONSULTANT’s Consultants and Sub-Consultants, CONSULTANT shall bind each and all of its Consultants and Sub-Consultants to CONSULTANT as CONSULTANT and DISTRICT are bound to one another under this Article 13. Failure of CONSULTANT to do so shall be deemed a breach of this Agreement by CONSULTANT and CONSULTANT shall be liable to DISTRICT for all losses caused thereby. 13.2 The mandatory dispute resolution provisions of this Article 13 are adopted and implemented by the District pursuant to the authority afforded it under, without limitation Government Code sections 930.2, 930.4, 930.6, and Applicable Laws. This Article 13 applies equally to the DISTRICT as it does to the CONSULTANT, except as stated otherwise in this Agreement or prohibited by applicable law. 13.3 The District and CONSULTANT agree that this Article 13, in its entirety, must be followed as a condition precedent to arbitration as set forth herein below. This Article 13 establishes the exclusive procedures for “Claims” between the CONSULTANT and the DISTRICT regarding this Agreement, except as may be expressly exempted elsewhere in this Agreement. Claims shall be resolved by the Parties in accordance with the provisions of this Article 13, in lieu of any and all rights under the law that either Party may have to have its rights adjudged by a trial court or jury. It is also the intent of this mandatory and exclusive resolution procedure to resolve a “Claim” as close as possible to the conclusion of the event(s) and 13.4 Both Parties acknowledge that their failure and/or refusal to follow this mandatory and exclusive process will irreparably prejudice the other Party and as such, should a Party to this Agreement fail or refuse to comply with this process, any “Claim” they may have shall be waived and forfeited. This process applies equally to the District as it does to the Consultant. 13.5 For purposes of this Article 13, a “Claim” means a written demand or assertion by one or both of the parties: (1) seeking, as a matter of right, an interpretation of this Agreement; (2) a breach of this Agreement; (3) any request for more time; and/or (4) the payment of money and/or the recovery of damages. A Claim can contain more than one item (e.g., such as seeking two interpretations of the Agreement; or an interpretation and damage, or two or more claims for compensation each having a different basis/cause thereof, etc.) The fact that a Claim may contain two or more items does not give a Party the right to delay submitting a Claim beyond the ten (10) day time limit set forth below.