Common use of Project Neutral Clause in Contracts

Project Neutral. Subject to the election of the parties, Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived shall be submitted to the Project Neutral in accordance with the requirements set forth herein prior to any request for mediation, unless both parties agree otherwise in writing. (a) The Project Neutral shall issue nonbinding written findings on the matter, which findings may be introduced as evidence at a subsequent binding adjudication of the matter. (b) The Project Neutral shall execute a retainer agreement with the parties establishing the scope of the Project Neutral's responsibilities. The costs and expenses of the Project Neutral shall be shared equally by the parties. The Project Neutral shall be available to either Party, upon request, throughout the course of the Project, and shall make visits to the Project Site as necessary to maintain a current understanding of the Project progress and issues and to enable the Project Neutral to address matters in dispute between the Parties promptly and knowledgeably. The Project Neutral shall issue nonbinding written findings to the parties within 15 business Days of referral of the matter to the Project Neutral, unless good cause is shown. (c) If the matter remains unresolved following the issuance of the nonbinding findings by the Project Neutral, the parties shall submit the matter to mediation in accordance with Article 24.06, below.