Matters Ineligible for DRB Procedures Sample Clauses
Matters Ineligible for DRB Procedures. The following matters (collectively, “Ineligible Matters”) are ineligible for resolution through the DRB procedures specified in this Article 31: • Any matters that the Contract expressly states are final, binding or not subject to dispute resolution; • Any matters relating to the scope or applicability of indemnities provided under the Contract; • Any claim for injunctive relief; • Any claim against an insurance company, including any Subcontractor claim that is covered by insurance; • Any claim arising solely in tort; • Any claim involving a third party which is a necessary or appropriate party to such dispute, including any related claims between the Parties arising therefrom; • Any claim regarding failure to comply with equal employment opportunity requirements or requirements of the Contract relating to Small Business Enterprises, and Disadvantaged Business Enterprises; • Any claim for, or claim based on, remedies expressly created by statute; and • Any claim that is actionable only against a surety.
Matters Ineligible for DRB Procedures. The following matters (collectively, “Ineligible Matters”) are ineligible for resolution through the DRB procedures specified in this Section 51: Any matters that the Contract Documents expressly state are final, binding or not subject to dispute resolution; Any matters relating to the scope or applicability of indemnities provided under the Contract Documents; Any claim for injunctive relief; Any claim against an insurance company, including any Subcontractor dispute that is covered by insurance; Any claim arising solely in tort; Any claim involving a third party which is a necessary or appropriate party to such dispute, including any related claims between the Parties arising therefrom, unless the third party has agreed to the jurisdiction of the DRB in the Cooperative Agreement or otherwise; Any dispute regarding failure to comply with equal employment opportunity requirements or requirements of the Contract relating to Small Business Enterprises, Disadvantaged Business Enterprises, Disabled Veteran Business Enterprises, and Microbusinesses; Any claim for, or dispute based on, remedies expressly created by statute; and Any dispute that is actionable only against a surety.
