Common use of Notice of Dispute to Designated Agent Clause in Contracts

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the act, inaction or omission giving rise to the Dispute; (iii) an explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a reference to any pertinent provision(s) from the CMC Documents; (v) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if applicable, an analysis of the schedule showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules and staging); (vii) if applicable, the claiming Party’s plan for mitigating the amount claimed and the delay claimed; (viii) the claiming Party’s desired resolution of the Dispute; and (ix) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the notice of Dispute is served in good faith; and (ii) to the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s 's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if If the Parties have mutually agreed that the Dispute is a Fast-Track Dispute;a (ii) the The date of the act, inaction or omission giving rise to the Dispute;the (iii) an An explanation of the Dispute, including a description of its nature, circumstances and cause;its (iv) a A reference to any pertinent provision(s) from the CMC CMA Documents; (v) if If applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if If applicable, an analysis of the schedule Project Schedules and any deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted deadlines); (vii) if If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the The claiming Party’s 's desired resolution of the Dispute; and (ix) any Any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative agent of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the The notice of Dispute is served in good faith; and; (ii) to To the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A1) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B2) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the The designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s 's position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ ' resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s 's request, within five Business Days after the claiming Party’s 's receipt of the responding Party’s 's response in agreement, the Parties’ ' designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process Resolution Procedures to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s 's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing:: Fast-Track Dispute; Dispute; (i) if If the Parties have mutually agreed that the Dispute is a Fast-Track Dispute;a (ii) the The date of the act, inaction or omission giving rise to the Dispute;the (iii) an An explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a A reference to any pertinent provision(s) from the CMC COMA Documents; (v) if If applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if If applicable, an analysis of the schedule Maintenance Services Deliverables Schedule and any deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted deadlines); (vii) if If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the The claiming Party’s 's desired resolution of the Dispute; and (ix) any Any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative agent of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the The notice of Dispute is served in good faith; and; (ii) to To the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A1) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B2) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the The designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s 's position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ ' resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s 's request, within five Business Days after the claiming Party’s 's receipt of the responding Party’s 's response in agreement, the Parties’ ' designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process Resolution Procedures to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) a. A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures informal resolution procedures by serving a written notice Notice on the responding other Party’s 's designated agent. Unless otherwise indicated by written notice Notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice Notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the i. The date of the act, inaction or omission giving rise to the Dispute; (iii) an ii. An explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a iii. A reference to any pertinent provision(s) from the CMC PPA Documents; (v) if applicable and then knowniv. If applicable, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if v. If applicable, an analysis of the schedule Project Schedule and Project Schedule Deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted Project Schedule Deadlines); (vii) if vi. If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the vii. The claiming Party’s 's desired resolution of the Dispute; andand relevant. (ix) any viii. Any other information the claiming Party considers relevant. (b) b. The notice Notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that:Authorized (i) the notice i. The Notice of Dispute is served in good faith; and; (ii) to the then current knowledge of such Party, except . Except as to specific matters stated in the notice of Dispute Notice as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the claiming Party asserting the Dispute to be accurate and complete and (B) the complete; iii. The Dispute accurately reflects the amount of money or other right, remedy or relief to which the claiming Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative iv. The Authorized Representative is duly authorized to execute and deliver the notice Notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the act, inaction or omission giving rise to the Dispute; (iii) an explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a reference to any pertinent provision(s) from the CMC Documents; (v) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if applicable, an analysis of the schedule showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules and staging); (vii) if applicable, the claiming Party’s plan for mitigating the amount claimed and the delay claimed; (viii) the claiming Party’s desired resolution of the Dispute; and (ix) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that:: DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 (i) the notice of Dispute is served in good faith; and; (ii) to the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the act, inaction or omission giving rise to the Dispute; (iii) an explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a reference to any pertinent provision(s) from the CMC CMA Documents; (v) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if applicable, an analysis of the schedule Project Schedule and Completion Deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted Completion Deadlines); (vii) if applicable, the claiming Party’s plan for mitigating the amount claimed and the delay claimed; (viii) the claiming Party’s desired resolution of the Dispute; and (ix) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that:: Texas Department of Transportation - 107 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement (i) the notice of Dispute is served in good faith; and (ii) to the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process Resolution Procedures to modify its statement of the Dispute and/or or the amount of money or other right, remedy or relief sought.relief

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute dispute against the other Party shall initiate the Informal Resolution Procedures informal resolution procedures by serving a written notice on the responding other Party’s 's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the i. The date of the act, inaction or omission giving rise to the Disputedispute; (iii) an ii. An explanation of the Disputedispute, including a description of its nature, circumstances and cause; (iv) a iii. A reference to any pertinent provision(s) from the CMC Contract Documents; (v) if applicable and then knowniv. If applicable, the estimated dollar amount of the Disputedispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if v. If applicable, an analysis of the schedule Project Schedule and Completion Deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted Completion Deadlines and the Project Schedule); (vii) if vi. If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the vii. The claiming Party’s 's desired resolution of the Disputedispute; and (ix) any viii. Any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative Authorized Representative of the Party asserting the Disputeclaiming Party, and shall constitute contain a written certification by the claiming Party asserting the Dispute that: (i) the i. The notice of Dispute the dispute is served in good faith; and; (ii) to the then current knowledge of such Party, except . Except as to specific matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the claiming Party asserting the Dispute to be accurate and complete and (B) the Dispute complete; iii. The dispute accurately reflects the amount of money or other right, remedy or relief to which the claiming Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative iv. The Authorized Representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) The Parties shall attempt in good faith to resolve such dispute within fifteen (15) days of delivery of the notice of the dispute to the responding Party. If the responding Party agrees with the claiming Party’s 's position and desired resolution of the Disputedispute, it shall so state in a written response. The notice of the Dispute dispute and such response shall suffice to evidence the Parties’ ' resolution of the subject Dispute dispute unless either Party requests further documentation. Upon either Party’s 's request, within five Business Days after the claiming Party’s 's receipt of the responding Party’s 's response in agreement, the Parties’ designated representatives ' Authorized Representatives shall state the resolution of the Dispute dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Disputewriting. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the act, inaction or omission giving rise to the Dispute; (iii) an explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a reference to any pertinent provision(s) from the CMC Documents; (v) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if applicable, an analysis of the schedule showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules and staging); (vii) if applicable, the claiming Party’s plan for mitigating the amount claimed and the delay xxxxx claimed; (viii) the claiming Party’s desired resolution of the Dispute; and (ix) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the notice of Dispute is served in good faith; and; (ii) to the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the act, inaction or omission giving rise to the Dispute; (iii) an explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a reference to any pertinent provision(s) from the CMC Documents; (v) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if applicable, an analysis of the schedule showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules and staging); (vii) if applicable, the claiming Party’s plan for mitigating the amount claimed and the delay xxxxx claimed; (viii) the claiming Party’s desired resolution of the Dispute; and (ix) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the notice of Dispute is served in good faith; and (ii) to the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other The claiming Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding other Party’s 's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Dispute Representative. The notice shall contain a concise statement describing: : (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the alleged act, inaction or omission or threatened action or inaction giving rise to the Dispute; ; (iiiii) an explanation of the Dispute, including a description of its nature, circumstances and cause; ; (iviii) a reference to any pertinent provision(s) from the CMC Documents; this Agreement; (viv) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any a ny cost and revenue element that has been or may be affected); ) or if the claiming Party contends that this provision is not applicable, a statement as to why it is not applicable; (viv) if applicable, an analysis of the schedule Transition Plan and all associated dates and milestones showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted Transition Milestones); ; (viivi) if applicable, the claiming Party’s 's plan for mitigating the amount claimed and and/or the delay claimed; , or if the claiming Party contends that this provision is not applicable, a statement as to why it is not applicable; (viiivii) the claiming Party’s 's desired resolution of the Dispute, and if seeking a monetary award, a detailed calculation to support the desired resolution; and and (ixviii) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative Dispute Representative of the Party asserting the Disputeclaiming Party, and shall constitute contain a written certification by the claiming Party asserting the Dispute that: : (i) the notice of Dispute is served in good faith; and (ii) to the then current knowledge of such Party, except as to specific matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the claiming Party asserting the Dispute to be accurate and complete and complete; (Biii) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the claiming Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s 's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if If the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; Dispute; (ii) the The date of the act, inaction or omission giving rise to the Dispute;the (iii) an An explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a A reference to any pertinent provision(s) from the CMC CMA Documents; (v) if If applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if If applicable, an analysis of the schedule Project Schedules and any deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted deadlines); (vii) if If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the The claiming Party’s 's desired resolution of the Dispute; and (ix) any Any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative agent of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the The notice of Dispute is served in good faith; and; (ii) to To the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A1) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B2) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the The designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s 's position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ ' resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s 's request, within five Business Days after the claiming Party’s 's receipt of the responding Party’s 's response in agreement, the Parties’ ' designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process Resolution Procedures to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s 's designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if If the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the The date of the act, inaction or omission giving rise to the Dispute; (iii) an An explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a A reference to any pertinent provision(s) from the CMC CMA Documents;; Texas Department of Transportation Execution Version Horseshoe Project 108 Capital Maintenance Agreement (v) if If applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if If applicable, an analysis of the schedule Project Schedules and any deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted deadlines); (vii) if If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the The claiming Party’s 's desired resolution of the Dispute; and (ix) any Any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative agent of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that: (i) the The notice of Dispute is served in good faith; and; (ii) to To the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A1) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B2) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the The designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s 's position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ ' resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s 's request, within five Business Days after the claiming Party’s 's receipt of the responding Party’s 's response in agreement, the Parties’ ' designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process Resolution Procedures to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.. Texas Department of Transportation Execution Version Horseshoe Project 109 Capital Maintenance Agreement

Notice of Dispute to Designated Agent. (a) A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures by serving a written notice on the responding Party’s designated agent. Unless otherwise indicated by written notice from one Party to the other Party, each Party’s designated agent shall be its Authorized Representative. The notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the date of the act, inaction or omission giving rise to the Dispute; (iii) an explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a reference to any pertinent provision(s) from the CMC Documents; (v) if applicable and then known, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if applicable, an analysis of the schedule showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules and staging); (vii) if applicable, the claiming Party’s plan for mitigating the amount claimed and the delay claimed; (viii) the claiming Party’s desired resolution of the Dispute; and (ix) any other information the claiming Party considers relevant. (b) The notice shall be signed by the designated representative of the Party asserting the Dispute, and shall constitute a certification by the Party asserting the Dispute that:: DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B (i) the notice of Dispute is served in good faith; and (ii) to the then current knowledge of such Party, except as to matters stated in the notice of Dispute as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the Party asserting the Dispute to be accurate and complete and (B) the Dispute accurately reflects the amount of money or other right, remedy or relief to which the Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative is duly authorized to execute and deliver the notice and such certification on behalf of the claiming Party. (c) If the responding Party agrees with the claiming Party’s position and desired resolution of the Dispute, it shall so state in a written response. The notice of the Dispute and such response shall suffice to evidence the Parties’ resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s request, within five Business Days after the claiming Party’s receipt of the responding Party’s response in agreement, the Parties’ designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Dispute. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.

Notice of Dispute to Designated Agent. (a) a. A Party desiring to pursue a Dispute against the other Party shall initiate the Informal Resolution Procedures informal resolution procedures by serving a written notice Notice on the responding other Party’s 's designated agent. Unless otherwise indicated by written notice Notice from one Party to the other Party, each Party’s 's designated agent shall be its Authorized Representative. The notice Notice shall contain a concise statement describing: (i) if the Parties have mutually agreed that the Dispute is a Fast-Track Dispute; (ii) the i. The date of the act, inaction or omission giving rise to the Dispute; (iii) an ii. An explanation of the Dispute, including a description of its nature, circumstances and cause; (iv) a iii. A reference to any pertinent provision(s) from the CMC PPA Documents; (v) if applicable and then knowniv. If applicable, the estimated dollar amount of the Dispute, and how that estimate was determined (including any cost and revenue element that has been or may be affected); (vi) if v. If applicable, an analysis of the schedule Project Schedule and Milestone Schedule Deadlines showing any changes or disruptions (including an impacted delay analysis reflecting the disruption in the manner and sequence of performance that has been or will be caused, delivery schedules schedules, staging, and stagingadjusted Milestone Schedule Deadlines); (vii) if vi. If applicable, the claiming Party’s 's plan for mitigating the amount claimed and the delay claimed; (viii) the vii. The claiming Party’s 's desired resolution of the Dispute; and (ix) any viii. Any other information the claiming Party considers relevant. (b) b. The notice Notice shall be signed by the designated representative Authorized Representative of the Party asserting the Disputeclaiming Party, and shall constitute contain a written certification by the claiming Party asserting the Dispute that: (i) the notice i. The Notice of Dispute is served in good faith; and; (ii) to the then current knowledge of such Party, except . Except as to specific matters stated in the notice of Dispute Notice as being unknown or subject to discovery, (A) all supporting information is reasonably believed by the claiming Party asserting the Dispute to be accurate and complete and (B) the complete; iii. The Dispute accurately reflects the amount of money or other right, remedy or relief to which the claiming Party asserting the Dispute reasonably believes it is entitled; and (iii) the designated representative iv. The Authorized Representative is duly authorized to execute and deliver the notice Notice and such certification on behalf of the claiming Party. (c) c. The Parties shall attempt in good faith to resolve such Dispute within 15 days of delivery of the Notice of Dispute to the responding Party. If the responding Party agrees with the claiming Party’s 's position and desired resolution of the Dispute, it shall so state in a written response. The notice Notice of the Dispute and such response shall suffice to evidence the Parties’ ' resolution of the subject Dispute unless either Party requests further documentation. Upon either Party’s 's request, within five Business Days after the claiming Party’s 's receipt of the responding Party’s 's response in agreement, the Parties’ ' designated representatives shall state the resolution of the Dispute in writing as appropriate, including execution of Change Orders or other documentation as needed, and thereafter each Party shall then promptly perform its respective obligations in accordance with the agreed resolution of the Disputewriting. (d) The Party asserting the Dispute shall not be prejudiced by its initial statement of the Dispute and shall have the ability at any time during the Informal Resolution Procedures and formal Dispute resolution process to modify its statement of the Dispute and/or the amount of money or other right, remedy or relief sought.