Common use of Municipal Right to Object to Notice of Non-Compliance with Delivery Obligations Clause in Contracts

Municipal Right to Object to Notice of Non-Compliance with Delivery Obligations. The Notice of Non-Compliance with Delivery Obligations shall be binding on the Municipality at the expiration of sixty (60) days after the date of such notice, unless within such sixty (60) day period the Municipality shall have filed with CRRA a written objection thereto, containing the Municipality’s reasons and evidence supporting such objection. CRRA shall review such objection, and accept or reject such objection in whole or in part within forty five (45) days of CRRA’s receipt of such objection. CRRA shall provide the Municipality with notice of and a copy of CRRA's decision with respect to such objection within three (3) days of the date of CRRA’s decision. If CRRA has rejected all or any part of the Municipality’s objection in such decision, the President of CRRA shall promptly designate a review panel (a “Review Panel”) consisting of one representative from CRRA (who shall act as chairperson of the Review Panel), one representative who shall be the Municipality’s Town Manager or Director of Public Works, and one representative mutually agreeable to the other two (2) Review Panel members, who shall be a municipal official member of the CRRA Board of Directors. The Review Panel shall conduct a hearing on the matter within forty five (45) days following the date on which CRRA's decision was mailed to the Municipality. The Municipality shall be accorded a full and meaningful opportunity to participate in the hearing and to present such evidence and testimony as may be material to the proceeding. Within ten (10) days following such hearing, the Review Panel shall decide by majority vote whether to overturn or uphold the Notice of Non-

Municipal Right to Object to Notice of Non-Compliance with Delivery Obligations. The Notice of Non-Compliance with Delivery Obligations shall be binding on the Municipality at the expiration of sixty (60) days after the date of such notice, unless within such sixty (60) day period the Municipality shall have filed with CRRA MIRA a written objection thereto, containing the Municipality’s reasons and evidence supporting such objection. CRRA MIRA shall review such objection, and accept or reject such objection in whole or in part within forty five (45) days of CRRAMIRA’s receipt of such objection. CRRA MIRA shall provide the Municipality with notice of and a copy of CRRAMIRA's decision with respect to such objection within three (3) days of the date of CRRAMIRA’s decision. If CRRA MIRA has rejected all or any part of the Municipality’s objection in such decision, the President of CRRA MIRA shall promptly designate a review panel (a “Review Panel”) consisting of one representative from CRRA MIRA (who shall act as chairperson of the Review Panel), one representative who shall be the Municipality’s Town Manager or Director of Public Works, and one representative mutually agreeable to the other two (2) Review Panel members, who shall be a municipal official member of the CRRA MIRA Board of Directors. The Review Panel shall conduct a hearing on the matter within forty five (45) days following the date on which CRRAMIRA's decision was mailed to the Municipality. The Municipality shall be accorded a full and meaningful opportunity to participate in the hearing and to present such evidence and testimony as may be material to the proceeding. Within ten (10) days following such hearing, the Review Panel shall decide by majority vote whether to overturn or uphold the Notice of Non-Non-Compliance with Delivery Obligations. The chairperson shall draft a memorandum of decision which shall include findings of fact and a statement of conclusion. The memorandum of decision shall be provided to the Municipality within three (3) days of the date of such memorandum of decision. The memorandum of decision shall be a final adjudication of the matter unless, within thirty (30) days from the date of such memorandum of decision, a Party commences an action in the Superior Court of the State.