Common use of Provisions Regarding Dispute Resolution Clause in Contracts

Provisions Regarding Dispute Resolution. 7.1 DB Contractor may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period respecting any Noncompliance Event by delivering to TxDOT notice of such objection not later than five days after TxDOT delivers its Notice of Determination. 7.2 DB Contractor may object to TxDOT’s rejection of any certification of completion of a cure given pursuant to Section 2.4.3 by delivering to TxDOT notice of such objection not later than five days after TxDOT delivers its notice of rejection. 7.3 If for any reason DB Contractor fails to deliver its notice of objection within the applicable time period, DB Contractor shall be conclusively deemed to have accepted the matters set forth in the applicable notice, and shall be forever barred from challenging them. 7.4 If DB Contractor gives timely notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures set forth in this CMC. 7.5 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to the Noncompliance Events Table, the sole issue for resolution shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in the Noncompliance Events Table for Noncompliance Events of equivalent severity. 7.6 Pending the resolution of any Dispute arising under this Section 7, the provisions of this Exhibit 9 shall remain in effect as if the matter were not in Dispute. If the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, (c) the starting point or duration of the NCE Cure Period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured Noncompliance Points balance and/or the related liabilities of DB Contractor shall be adjusted to reflect such decision.

Provisions Regarding Dispute Resolution. 7.1 DB Contractor 6.5.1 Developer may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period cure period respecting any Noncompliance Event listed in Appendix 5 by delivering to TxDOT the Department written notice of such objection not later than five [20] days after TxDOT the Department delivers its Notice written notice of Determinationsuch Noncompliance. 7.2 DB Contractor 6.5.2 Developer may object to TxDOT’s rejection any Department decision under Section 6.1.2 regarding whether and on what terms to add instances of any certification Noncompliance to Appendix 5, including the number of completion of a cure given pursuant Noncompliance Points to Section 2.4.3 be assigned to such Noncompliance, by delivering to TxDOT the Department written notice of such objection not later than five [20] days after TxDOT the Department delivers its written decision. 6.5.3 Developer may object to the Department’s rejection of any Developer notice of cure given pursuant to Section 6.2.4 by delivering to the Department written notice of such objection not later than [20] days after the Department delivers its written notice of rejection. 7.3 6.5.4 If for any reason DB Contractor Developer fails to deliver its written notice of objection within the applicable time period, DB Contractor Developer shall be conclusively deemed to have accepted the matters set forth in the applicable Department notice, and shall to have irrevocably waived its rights and be forever barred from challenging them. 7.4 6.5.5 If DB Contractor Developer gives timely notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten [ten] days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures set forth in this CMCDispute Resolution Procedures. 7.5 6.5.6 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to the Noncompliance Events TableAppendix 5, the sole issue for resolution decision shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in the Noncompliance Events Table Appendix 5 for Noncompliance Events of equivalent severity. 7.6 6.5.7 Pending the resolution of any Dispute arising under this Section 76.5, the provisions of this Exhibit 9 Article 6 shall remain in take effect as if the matter were not in Dispute. If ; provided that if the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, or (c) the starting point or duration of the NCE Cure Period cure period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured Noncompliance Points balance and/or assessed and the related liabilities of DB Contractor Developer shall be adjusted to reflect such decision. Pending a decision by the applicable disputes review board, the Department shall not exercise any remedies it may have for a Noncompliance except for the assessment of the applicable Noncompliance Points and monetary deductions. 6.5.8 Pending the resolution of any Dispute arising under this Section 6.5, the number of Noncompliance Points in Dispute shall not be counted for the purpose of determining whether the Department may declare a Persistent Developer Noncompliance.

Provisions Regarding Dispute Resolution. 7.1 DB Contractor 6.7.1 Developer may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period respecting any Noncompliance Event listed in Section 4 of Division II by delivering to TxDOT the Department written notice of such objection not later than five 20 days after TxDOT the Department delivers its Notice written notice of Determinationsuch Noncompliance. 7.2 DB Contractor 6.7.2 Developer may object to TxDOT’s rejection any Department decision under Section 6.1.2 regarding whether and on what terms to add instances of any certification of completion of a cure given pursuant Noncompliance to Section 2.4.3 4 of Division II, including the number of Noncompliance Points to be assigned to such Noncompliance, by delivering to TxDOT the Department written notice of such objection not later than five 20 days after TxDOT the Department delivers its written decision. 6.7.3 Developer may object to the Department’s rejection of any Developer notice of cure given pursuant to Section 6.2.4 by delivering to the Department written notice of such objection not later than 20 days after the Department delivers its notice of rejection. 7.3 6.7.4 If for any reason DB Contractor Developer fails to deliver its written notice of objection within the applicable time period, DB Contractor Developer shall be conclusively deemed to have accepted the matters set forth in the applicable Department notice, and shall to have irrevocably waived its rights and be forever barred from challenging them. 7.4 6.7.5 If DB Contractor Developer gives timely notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures set forth in this CMCDispute Resolution Procedures. 7.5 6.7.6 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to the Noncompliance Events TableSection 4 of Division II, the sole issue for resolution decision shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in the Noncompliance Events Table Section 4 of Division II for Noncompliance Events of equivalent severity. 7.6 6.7.7 Pending the resolution of any Dispute arising under this Section 76.7, the provisions of this Exhibit 9 Article 6 shall remain in take effect as if the matter were not in Dispute. If ; provided that if the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, or (c) the starting point or duration of the NCE Cure Period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured Noncompliance Points balance and/or assessed and the related liabilities of DB Contractor Developer shall be adjusted to reflect such decision. 6.7.8 Pending the resolution of any Dispute arising under this Section 6.7, the number of Noncompliance Points in Dispute shall not be counted for the purpose of determining whether the Department may declare a Persistent Developer Noncompliance.

Provisions Regarding Dispute Resolution. 7.1 DB Contractor ‌ 11.8.1 Developer may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period respecting any Noncompliance Event by delivering to TxDOT notice IFA Notice of such objection not later than five (5) days after TxDOT IFA delivers its Notice of Determination. Such Notice also shall constitute Notice for purposes of Section 19.6. 7.2 DB Contractor 11.8.2 Developer may object to TxDOTIFA’s rejection of any certification of completion of a cure given pursuant to Section 2.4.3 11.2.4.3 by delivering to TxDOT notice IFA Notice of such objection not later than five fifteen (15) days after TxDOT IFA delivers its notice Notice of rejection. Such Notice also shall constitute Notice for purposes of Section 19.6. 7.3 11.8.3 If for any reason DB Contractor Developer fails to deliver its notice Notice of objection within the applicable time period, DB Contractor Developer shall be conclusively deemed to have accepted the matters set forth in the applicable noticeNotice, and shall be forever barred from challenging them. 7.4 11.8.4 If DB Contractor Developer gives timely notice Notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten (10) days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures Dispute Resolution Procedures. The Parties agree to such ten (10)-day period in lieu of (and not in addition to) the period for Informal Resolution Procedures set forth in this CMCSection 19.6. 7.5 11.8.5 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to the Noncompliance Events TableAttachment 1 of Exhibit 12 to this Agreement, the sole issue for resolution decision shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in the Noncompliance Events Table Attachment 1 of Exhibit 12 to this Agreement for Noncompliance Events of equivalent severity. 7.6 11.8.6 Pending the resolution of any Dispute arising under this Section 711.8, the provisions of this Exhibit 9 Article shall remain in take effect as if the matter were not in Dispute. If the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, (c) the starting point or duration of the NCE Cure Period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured uncured Noncompliance Points balance and/or and the related liabilities of DB Contractor Developer shall be adjusted to reflect such decision. 11.8.7 For the purpose of determining whether IFA may issue a Notice of Developer Default under Section 19.2.9 for failure to timely submit or comply with the remedial plan, the number of Noncompliance Points in Dispute: 11.8.7.1 Shall not be counted pending resolution of the Dispute if Developer initiates the Dispute Resolution Procedures and, if applicable, any proceedings available following action by the Arbitrator within the applicable time limit set forth in Section 19.6; 11.8.7.2 Shall be counted if Developer for any reason does not initiate the Dispute Resolution Procedures or any, if applicable, proceedings available following action by the Arbitrator within the applicable time limit set forth in Section 19.6, or does not diligently pursue the Dispute Resolution Procedures to conclusion (and in any such case Developer shall be deemed to have irrevocably waived the Dispute).

Provisions Regarding Dispute Resolution. 7.1 DB Contractor ‌ 6.7.1 Developer may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period respecting any Noncompliance Event listed in Section 4 of Division II by delivering to TxDOT the Department written notice of such objection not later than five 20 days after TxDOT the Department delivers its Notice written notice of Determinationsuch Noncompliance. 7.2 DB Contractor 6.7.2 Developer may object to TxDOT’s rejection any Department decision under Section 6.1.2 regarding whether and on what terms to add instances of any certification of completion of a cure given pursuant Noncompliance to Section 2.4.3 4 of Division II, including the number of Noncompliance Points to be assigned to such Noncompliance, by delivering to TxDOT the Department written notice of such objection not later than five 20 days after TxDOT the Department delivers its written decision. 6.7.3 Developer may object to the Department’s rejection of any Developer notice of cure given pursuant to Section 6.2.4 by delivering to the Department written notice of such objection not later than 20 days after the Department delivers its notice of rejection. 7.3 6.7.4 If for any reason DB Contractor Developer fails to deliver its written notice of objection within the applicable time period, DB Contractor Developer shall be conclusively deemed to have accepted the matters set forth in the applicable Department notice, and shall to have irrevocably waived its rights and be forever barred from challenging them. 7.4 6.7.5 If DB Contractor Developer gives timely notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures set forth in this CMCDispute Resolution Procedures. 7.5 6.7.6 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to the Noncompliance Events TableSection 4 of Division II, the sole issue for resolution decision shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in the Noncompliance Events Table Section 4 of Division II for Noncompliance Events of equivalent severity. 7.6 6.7.7 Pending the resolution of any Dispute arising under this Section 76.7, the provisions of this Exhibit 9 Article 6 shall remain in take effect as if the matter were not in Dispute. If ; provided that if the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, or (c) the starting point or duration of the NCE Cure Period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured Noncompliance Points balance and/or assessed and the related liabilities of DB Contractor Developer shall be adjusted to reflect such decision. 6.7.8 Pending the resolution of any Dispute arising under this Section 6.7, the number of Noncompliance Points in Dispute shall not be counted for the purpose of determining whether the Department may declare a Persistent Developer Noncompliance.‌

Provisions Regarding Dispute Resolution. 7.1 DB Contractor may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period respecting any Noncompliance Event by delivering to TxDOT notice of such objection not later than five days after TxDOT delivers its Notice of Determination. 7.2 DB Contractor may object to TxDOT’s rejection of any certification of completion of a cure given pursuant to Section 2.4.3 by delivering to TxDOT notice of such objection not later than five days after TxDOT delivers its notice of rejection. 7.3 If for any reason DB Contractor fails to deliver its notice of objection within the applicable time period, DB Contractor shall be conclusively deemed to have accepted the matters set forth in the applicable notice, and shall be forever barred from challenging them. 7.4 If DB Contractor gives timely notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures set forth in this CMC. 7.5 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to the Noncompliance Events Table, the sole issue for resolution shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in the Noncompliance Events Table for Noncompliance Events of equivalent severity. 7.6 Pending the resolution of any Dispute arising under this Section 7, the provisions of this Exhibit 9 10 shall remain in effect as if the matter were not in Dispute. If the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, (c) the starting point or duration of the NCE Cure Period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured Noncompliance Points balance and/or the related liabilities of DB Contractor shall be adjusted to reflect such decision.

Provisions Regarding Dispute Resolution. 7.1 DB Contractor ‌ 11.8.1 Developer may object to the assessment of Noncompliance Points or the starting point for or duration of the NCE Cure Period cure period respecting any Noncompliance Event by delivering to TxDOT notice IFA written Notice of such objection not later than five days after TxDOT IFA delivers its written Notice of Determination. Such Notice also shall constitute Notice for purposes of Section 19.6. 7.2 DB Contractor 11.8.2 Developer may object to TxDOTIFA’s rejection of any certification of completion of a cure given pursuant to Section 2.4.3 11.2.4.3 by delivering to TxDOT notice IFA written Notice of such objection not later than five 15 days after TxDOT IFA delivers its notice written Notice of rejection. Such Notice also shall constitute Notice for purposes of Section 19.6. 7.3 11.8.3 If for any reason DB Contractor Developer fails to deliver its notice written Notice of objection within the applicable time period, DB Contractor Developer shall be conclusively deemed to have accepted the matters set forth in the applicable noticeIFA Notice, and shall be forever barred from challenging them. 7.4 11.8.4 If DB Contractor Developer gives timely notice Notice of objection and the Parties are unable to reach agreement on any matter in Dispute within ten days of such objection, either Party may refer the matter for resolution according to the dispute resolution procedures Dispute Resolution Procedures. The Parties agree to such ten day period in lieu of (and not in addition to) the period for Informal Resolution Procedures set forth in this CMCSection 19.6. 7.5 11.8.5 In the case of any Dispute as to the number of Noncompliance Points to assign for Noncompliance Events added to Attachment 12-1 of Exhibit 12 to the Noncompliance Events TableAgreement, the sole issue for resolution decision shall be how many Noncompliance Points should be assigned to the new Noncompliance Event in comparison with the number of Noncompliance Points set forth in Attachment 12-1 of Exhibit 12 to the Noncompliance Events Table Agreement for Noncompliance Events of equivalent severity. 7.6 11.8.6 Pending the resolution of any Dispute arising under this Section 711.8, the provisions of this Exhibit 9 Article shall remain in take effect as if the matter were not in Dispute. If the final decision regarding the Dispute is that (a) the Noncompliance Points should not have been assessed, (b) the number of Noncompliance Points must be adjusted, (c) the starting point or duration of the NCE Cure Period cure period must be adjusted, or (d) a Noncompliance Event has been cured, then the number of Noncompliance Points assigned or assessed, the Uncured uncured Noncompliance Points balance and/or and the related liabilities of DB Contractor Developer shall be adjusted to reflect such decision. 11.8.7 For the purpose of determining whether IFA may issue a Notice of Developer Default under Section 19.2.9 for failure to timely submit or comply with the remedial plan, the number of Noncompliance Points in Dispute: 11.8.7.1 Shall not be counted pending resolution of the Dispute if Developer initiates the Dispute Resolution Procedures and, if applicable, any proceedings available following action by the Arbitrator within the applicable time limit set forth in Section 19.6; 11.8.7.2 Shall be counted if Developer for any reason does not initiate the