Common use of Resolution of Construction Related Disputes Clause in Contracts

Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding completion of the Pre-Delivery Work or other portions of Landlord’s Work, the date of Substantial Completion of the Tenant Improvements, or the occurrence of an instance of Force Majeure, Landlord Delay, Tenant Delay of Pre-Delivery Work, Tenant Caused Substantial Completion Delay, or any other issues regarding the commencement, completion or delays in the performance of Landlord’s Work or the Tenant Improvements or regarding rent abatements or cost reimbursements due in connection Landlord’s Work or the construction of the Tenant Improvements, then if such disagreement is not resolved within thirty (30) days, either party may require that such disagreement be submitted by the parties to a dispute resolution procedure mutually and reasonably agreed to by the parties, which may be JAMS or another reputable dispute resolution group or may be a mutually agreed upon expert acting independently, provided that any expert retained in connection with the resolution of a dispute regarding completion of Landlord’s Work shall be an independent general contractor with not less than fifteen (15) years experience in construction projects such as the construction of Landlord’s Work and any expert retained in connection with the Substantial Completion of the Tenant Improvements, shall be an independent architect with not less than fifteen (15) years experience as an architect for projects such as, or similar to, the Tenant Improvements. The parties shall agree upon the dispute resolution procedure and expert(s) within thirty (30) days following the date that the parties have agreed to resolve such disagreement pursuant to this Paragraph 4.n. The decision reached through the dispute resolution procedure shall be binding on the parties. Each party shall bear one-half (1/2) of the cost of the dispute resolution procedure.

Appears in 2 contracts

Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)

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Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding completion the date of Delivery, Delivery Condition, the Pre-Delivery Work or other portions of Landlord’s WorkPresumptive Commencement Date (as defined in Paragraph 3 below), the date of Substantial Completion of the Tenant Improvements, or the occurrence of an instance of Force Majeure, Landlord Delay, Tenant Delay of Pre-Delivery Landlord’s Work, Rent Delay for Completion of Additional Landlord Work (as defined in Paragraph 3 below), Tenant Caused Substantial Completion Delay, or any other issues regarding the commencement, completion or delays in the performance of Landlord’s Work or the Tenant Improvements or regarding rent abatements or cost reimbursements due in connection Landlord’s Work or the construction of the Tenant Improvements, then if such disagreement is not resolved within thirty (30) days, either party may require that such disagreement be submitted by the parties to a dispute resolution procedure mutually and reasonably agreed to by the parties, which may be JAMS or another reputable dispute resolution group or may be a mutually agreed upon expert acting independently, provided that any expert retained in connection with the resolution of a dispute regarding completion of Landlord’s Work shall be an independent general contractor with not less than fifteen (15) years years’ experience in construction projects such as the construction of Landlord’s Work and any expert retained in connection with the Substantial Completion of the Tenant Improvements, shall be an independent architect with not less than fifteen (15) years years’ experience as an architect for projects such as, or similar to, the Tenant Improvements. The parties shall agree upon the dispute resolution procedure and expert(s) within thirty (30) days following the date that the parties have agreed to resolve such disagreement pursuant to this Paragraph 4.n2.j. The decision reached through the dispute resolution procedure shall be binding on the parties. Each party shall bear one-half (1/2) of the cost of the dispute resolution procedure.

Appears in 2 contracts

Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)

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Resolution of Construction Related Disputes. In the event of a disagreement between Landlord and Tenant regarding completion of if or when the Pre-Premises were delivered in Delivery Work or other portions of Landlord’s WorkCondition, the date of Substantial Completion of the Tenant ImprovementsInitial Alterations, or the occurrence of an instance of Force Majeure, Landlord Delay, Tenant Delay of Pre-Delivery Work, Tenant Caused Substantial Completion Delay, or any other issues regarding the commencement, completion or delays in the performance of Landlord’s Work or the Tenant Improvements Initial Alterations or regarding rent abatements or cost reimbursements due in connection Landlord’s Work or the construction disbursements of the Tenant ImprovementsAlterations Allowance or Additional Allowance, then if such disagreement is not resolved within thirty (30) days, either party may require that such disagreement be submitted by the parties to a dispute resolution procedure mutually and reasonably agreed to by the parties, which may be JAMS or another reputable dispute resolution group or may be a mutually agreed upon expert acting independently, provided that any expert retained in connection with the resolution of a dispute regarding completion of Landlord’s Work shall be an independent general contractor with not less than fifteen (15) years years’ experience in construction projects such as the construction of Landlord’s Work and any expert retained in connection with the Substantial Completion of the Tenant ImprovementsInitial Alterations, shall be an independent architect with not less than fifteen (15) years years’ experience as an architect for projects such as, or similar to, the Tenant ImprovementsInitial Alterations. The parties shall agree upon the dispute resolution procedure and expert(s) within thirty fifteen (3015) days following the date that the parties have agreed to resolve such disagreement pursuant to this Paragraph 4.n4.f. The decision reached through the dispute resolution procedure shall be binding on the parties. Each party shall bear one-half (1/2) of the cost of the dispute resolution procedure.

Appears in 1 contract

Samples: Office Lease (New Relic Inc)

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