RESOLUTION OF CONTRACT DISPUTES. Contract Disputes shall be resolved by the parties in accordance with the Contract Dispute Resolution Process set forth in this Section 4.3 of the General Conditions in lieu of any and all rights under the law that either party have its rights adjudged by a trial court or jury. All Contract Disputes shall be subject to the Contract Dispute Resolution Process set forth in this Section 4.3, which shall be the exclusive recourse of Contractor and City for such Contract Disputes.
RESOLUTION OF CONTRACT DISPUTES. The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner.
RESOLUTION OF CONTRACT DISPUTES. A. In the event of a dispute, Contractor will attempt resolution with the State’s Contract Administrator with a written explanation of the situation. If no resolution is found, Contractor shall file a “Notice of Dispute” with the Department of General Services within ten (10) days of the failed resolution at the following address: Department of General Services, Procurement Division Attn: Procurement Division Chief 000 0xx Xxxxxx, 0xx Xxxxx Xxxx Xxxxxxxxxx, XX 00000
B. Procurement Division (PD) Chief or designee shall meet with the Contractor for purposes of resolving the dispute. The decision of the PD Chief or the designee shall be final. In the event of a dispute, the language contained within this agreement and its attendant Exhibits shall prevail over any other language.
X. Xxxxxxx the pendency of a dispute nor its consideration by the PD Chief will excuse the Contractor from full and timely performance in accordance with the terms of the Agreement.
RESOLUTION OF CONTRACT DISPUTES. Provider understands and agrees that all disputes between Provider and City based upon an alleged violation of the terms of this Agreement by City shall be submitted to the City Manager for his resolution. The Provider shall make a written request for resolution of the dispute (the “Request”) to the City Manager or his designee (the “Official”) for determination of the matter in dispute. The Request shall clearly state the disputed issue and include or incorporate by specific reference all information or documents that Provider wants the Official to consider in reaching a determination. The Official shall issue a written notice of decision upon Provider’s Request within the thirty (30) days of receipt of Provider’s Request. If the Official cannot issue a decision within thirty (30) days of the receipt of Provider’s Request, the Official shall notify Provider the date upon which a decision shall be issued. Submission of Provider’s Request for determination of the dispute is a condition precedent to Provider’s ability to engage in litigation against City. If a decision is not issued by the date indicated by the Official or within ninety (90) days after the submission of Provider’s written Request for determination, whichever occurs first, Provider will be deemed to have met the condition precedent required by this provision. Should the dispute be resolved through the submission of Provider’s Request, the resolution of the dispute will be documented, if necessary, through a change to the Agreement in accordance with the provisions contained in the Agreement. Should the dispute fail to reach resolution through the submission of Provider’s Request, the dispute may be submitted to mediation at the sole discretion of City. City agrees that it shall make an election within no later than sixty (60) days after the issuance of a determination by the Official in response to Provider’s Request, final completion, abandonment or termination of the Project, whichever is later. Such mediation shall be conducted by and between the parties in accordance with the AAA Rules of Mediation for Construction Cases then in effect. Provider understands and agrees that it shall continue to perform its Work under the Agreement unless further performance has been excused by termination of Provider or stopping Work is specifically allowed under the laws of the State of Texas. Provider understands that should a settlement be reached at mediation it is subject to the approval of the City C...
RESOLUTION OF CONTRACT DISPUTES. Contractor Claims (as defined by Public Contract Code Section 9204(c)) and General Conditions Section 1.1.18 shall be resolved by the parties in accordance with General Conditions Section 4.2 and applicable law. The procedures set forth in General Conditions Section 4.2 shall be the exclusive recourse of Contractor for such claims.
RESOLUTION OF CONTRACT DISPUTES. Contractor understands and agrees that all disputes between Contractor and City based upon an alleged violation of the terms of this Contract by City shall be submitted to City Manager for his resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager’s decision shall be approved or disapproved by the City Council. Contractor shall not be entitled to seek judicial relief unless: (i) Contractor has first received City Manager’s written decision, approved by the City Council if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00); or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation [ninety (90) days if City Manager’s decision is subject to City Council approval]; or
RESOLUTION OF CONTRACT DISPUTES. (Sec. 18-105)
RESOLUTION OF CONTRACT DISPUTES. Any dispute concerning a question of fact arising under the terms of this agreement, which is not disposed of within a reasonable period of time (ten (10) days) by the Contractor and State employees normally responsible for the administration of this Contract, shall be brought to the attention of the Chief Executive Office (or designated representative) of each organization for joint resolution (Public Contract Code Section 22200 and California Code Regulations, Title 1, section 300 et seq.).
RESOLUTION OF CONTRACT DISPUTES. If a dispute regarding the terms of this contract cannot be resolved between the parties, such dispute shall be heard in the Circuit or Chancery Court of Shelby County and shall be construed and enforced under and in accordance with the laws of the State of Tennessee.
RESOLUTION OF CONTRACT DISPUTES. (a) In the event the Buyer or the Representative has a dispute regarding this Agreement, including the interpretation, performance, application, termination or breach of this Agreement (a “Contract Dispute”), such party shall notify the other party regarding the nature and terms of such dispute. The Buyer and the Representative shall attempt in good faith to resolve all Contract Disputes by mutual agreement.
(b) If any Contract Dispute cannot be resolved by the Buyer and the Representative pursuant to Section 11.11(a) or otherwise within twenty (20) days of the notice of such Contract Dispute, then upon written demand by either the Buyer or the Representative such Contract Dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three (3) arbitrators appointed in accordance with the said Rules (the “Arbitral Tribunal”), each party nominating one (1) arbitrator and the two (2) party-appointed arbitrators nominating the chairperson. The place of arbitration shall be London, England. Subject to each party’s right to seek injunctive relief pursuant to Section 11.11(d), the arbitration shall be the sole and exclusive forum for resolution of any such Contract Dispute, and the award rendered shall be final and binding. Judgment on the award rendered may be entered in any court having jurisdiction thereof.
(c) The procedures for arbitration pursuant to this Section 11.11 shall be as follows:
(i) The arbitration shall be conducted in the English language and any non-English-language documents presented to the Arbitral Tribunal at such arbitration shall be accompanied by an English translation thereof.
(ii) Any award of the Arbitral Tribunal: (A) shall be in writing; and (B) shall state the reasons upon which such award is based.
(iii) The Arbitral Tribunal shall have no authority to award punitive damages or any other damages not measured by the prevailing Party’s actual damages.
(d) Prior to the appointment of the Arbitral Tribunal, the Buyer and the Representative may seek appointment of an emergency arbitrator pursuant to said rules or may apply to any court having jurisdiction hereof and seek injunctive relief in order to maintain the status quo until such time as the arbitration award is rendered or the Contract Dispute is otherwise resolved. After the appointment of the Arbitral Panel, the Buyer and the Representative may make an application to the Arbitral Tribunal seeking injunctive relief to maintain the s...
