RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS Sample Clauses

RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS. Disputes, claims and other matters in question between the parties shall only be resolved as follows: a. The DB shall give Owner written notice of any claim for any additional compensation, damages, or delay within twenty (20) days of the beginning of the occurrence of the event, or of when the DB knows of such occurrence, leading to the claim being made and the DB shall submit the actual claim and any supporting data reasonably available within thirty (30) days after the occurrence giving rise to the claim ends unless otherwise agreed in writing by the parties. The “occurrence” means the condition encountered in the field giving rise to the claim and not a later dispute about payment for that condition. Claims of delay will be resolved as they occur, and claims of cumulative impacts or deferral of claimed delay will be allowed. Complete satisfaction of this Paragraph 17.6.a is a condition precedent for the DB to pursue a claim arising under or relating to this Agreement, and failure by the DB to satisfy this Paragraph 17.6.a as to written notice or, unless otherwise agreed to by the parties, to submit its claim and reasonably available data in accordance with this Paragraph 17.6.a will waive any claim by the DB. Unless otherwise agreed by the parties, the Owner shall act on any claims as set forth below, within thirty (30) days of Owner’s receipt of claim and supporting data. b. The parties shall first endeavor to resolve any disputes, claims or other matters in question between them through direct negotiations, and if such direct negotiations fail, the parties may agree to non- binding mediation before a mediator agreed upon by the parties, with the Site of the mediation being the County of Lancaster, Virginia. The parties shall share equally in the cost of any mediator. Should the dispute, claim, or other matter in question remain unresolved for the shorter of (i) following negotiation, or (ii) more than ten (10) days after termination of mediation if mediation was undertaken, or (iii) more than thirty (30) days after either party has requested mediation, either party may proceed in accordance with Paragraph 17.4.f below. In no event shall binding arbitration be a permissible form of resolution of disputes under this Agreement. c. Nothing in Paragraph 17.4.b shall prevent a party from seeking immediate temporary injunctive or other temporary equitable relief in Lancaster County Circuit Court if circumstances so warrant. d. In the event of any dispute, c...
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RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS. Disputes, claims and other matters in question between the parties shall only be resolved as follows: a. The Contractor shall give Owner written notice of any claim for any additional compensation, damages, or delay within ten (10) days of the beginning of the occurrence of the event leading to the claim being made, or within ten (10) days of when Contractor or any of its subcontractors first knew or first reasonably should have known of the occurrence of the event leading to the claim being made, and Contractor shall submit the actual claim and any supporting data reasonably available within thirty (30) days after the occurrence giving rise to the claim ends unless otherwise agreed in writing by the parties. The “occurrence” means the condition encountered in the field giving rise to the claim and not a later dispute about payment for that condition. Claims of delay will normally be resolved as they occur. Complete satisfaction of this Section 17.5 (a) is a condition precedent for Contractor to pursue a claim arising under or relating to this Agreement, and failure by Contractor to satisfy this subparagraph (a) as to written notice or, unless otherwise agreed in writing by the parties, to submit its claim and reasonably available data in accordance with this Section 17.5 (a) shall waive any claim by Contractor as to which such failure applies. Unless otherwise agreed by the parties, the Owner shall act on any claims within ninety (90) days of receipt. b. The parties shall first endeavor to resolve any disputes, claims or other matters in question between them through direct negotiations. Either party may, within thirty (30) days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. The XxXxxxxx Group shall serve as the mediator. c. If direct negotiations fail to produce a satisfactory resolution and the dispute, claim or matter in question remains unresolved, then either party may institute a lawsuit or chancery action, as appropriate, in the Circuit Court of Xxxxxxxx County, Virginia, or if the subject or amount in controversy is within its jurisdiction, the General District Court of Xxxxxxxx County, Virginia. d. Nothing in Secti...
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RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS. Disputes, claims and other matters in question between the parties shall only be resolved as follows:
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RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS. Disputes, claims and other matters in question between the Parties under the Contract shall be resolved as follows: a. Whenever a Party disagrees with the other Party’s final decision on a claim or dispute arising under or related to this Contract, its sole right of appeal shall be by filing, within six (6) months of date of the other Party’s final decision, litigation in either the Circuit Court of the County of Xxxxxxxxx, Virginia or the United States District Court for the Eastern District of Virginia, and may pursue all available appeals from such courts. These two courts shall have exclusive and binding jurisdiction and venue over any and all claims arising under the Contract. The parties voluntarily waive any and all rights to trial by jury. The fact finder shall be the court, sitting without a jury. b. Prior to filing litigation, the Parties may first endeavor to resolve any disputes or claims between them through direct negotiations, and if such direct negotiations fail, by non-binding mediation, with the site of the mediation being held in or near the County of Xxxxxxxxx, Virginia. If the Parties agree to attempt mediation, then within thirty (30) days of receipt of the notice requesting mediation, the Design-Builder and the Owner shall attend a formal mediation conducted by a single, impartial mediator appointed by and under the rules of The XxXxxxxx Group. The Parties shall share evenly the fees of the mediator and each shall bear its own costs involved in participating in the mediation. If they opt to mediate, the Owner and the Design-Builder shall participate in the mediation process in good faith. The process shall be concluded within forty-five (45) days of filing of the notice requesting mediation. Should the dispute or claim remain unresolved following mediation or should the time limit described in Article 20.a occur during the course of mediation, either Party may proceed under Article 20.a in order to preserve its rights, but mediation shall not extend the time period set forth in Article 20. a. If the claim or dispute is not resolved by mediation, failure to file an appeal of the other Party’s final decision as described in Article 20.a within six (6) months after such decision is issued in writing shall result in the other Party’s final written decision becoming final and subject to no further appeal. c. Nothing in Articles 20.a or b shall prevent a Party from seeking temporary injunctive or other temporary equitable relief in the Cir...
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RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS. Disputes, claims and other matters in question between the Parties under the Contract shall be resolved as follows: a. Contractual claims, whether for money or for other relief, shall be submitted to the Project Manager, in writing, no later than sixty (60) days after Final Payment; however, written notice of Contractor’s intention to file such claim must be given within twenty-one (21) days after the time of the occurrence or beginning of the Work upon which the claim is based. Such notice shall state that it is a “notice of intent to file a claim” and include a written statement describing the act or omission of the School Board or its agents that allegedly caused or may cause damage to Contractor and the nature of the claimed damage. Failure to submit such notice of intent within the time and in the manner required shall be a conclusive waiver of the claim by Contractor. Contractor is not prevented from submitting claims during the pendency of the Work. Proposed or requested Change Orders, demands for money compensation or other relief, and correspondence and emails to the School Board or its representatives, which do not comply with the requirements of this Section, shall not be considered claims under this Section. b. Whenever a Party disagrees with the other Party’s final decision on a claim or dispute arising under or related to this Contract, its sole right of appeal shall be by filing, within six (6) months of date of the other Party’s final decision, litigation in either the Circuit Court of the City of Danville, Virginia, or the United States District Court for the Western District of Virginia, Danville Division, and may pursue all available appeals from such courts. These two courts shall have exclusive and binding jurisdiction and venue over any and all claims arising under the Contract. c. Prior to filing litigation, the Parties may first endeavor to resolve any disputes or claims between them through direct negotiations, and if such direct negotiations fail, by non-binding mediation, with the site of the mediation being held in the City of Danville, Virginia. If the Parties agree to attempt mediation, then within thirty (30) days of receipt of the notice requesting mediation, the Parties shall attend a formal mediation conducted by a single, impartial mediator. The Parties shall share evenly the fees of the mediator and each shall bear its own costs involved in participating in the mediation. If they opt to mediate, the Parties shall partici...
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RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS. Disputes, claims and other matters in question between the Parties under the Design- Build Contract shall only be resolved as follows: a. If Owner and Design-Builder disagree upon whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design-Builder shall resolve the disagreement pursuant to this Article 20. b. If either Design-Builder or Owner believes that it is entitled to relief against the other for any event arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in this Agreement. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition giving rise to the request, whichever is later. Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. No claim by Design-Builder will be allowed if first asserted after final payment under this Agreement, except as expressly provided herein.
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Related to RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Resolution of Disagreements Disputes arising under this Agreement will be resolved informally by discussions between Agency Points of Contact, or other officials designated by each agency.

  • Notices of Claims and Litigation Promptly inform Lender in writing of (1) all material adverse changes in Borrower’s financial condition, and (2) all existing and all threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor which could materially affect the financial condition of Borrower or the financial condition of any Guarantor.

  • Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT OR RELATED IN ANY WAY TO EXECUTIVE’S EMPLOYMENT AND/OR TO THE TERMINATION OF EXECUTIVE’S EMPLOYMENT AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

  • Mediation of Disputes The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.

  • Full Settlement; Resolution of Disputes (a) The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and, except as provided in Section 6(a)(ii) of this Agreement, such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code. (b) If there shall be any dispute between the Company and the Executive (i) in the event of any termination of the Executive's employment by the Company, whether such termination was for Cause, or (ii) in the event of any termination of employment by the Executive, whether Good Reason existed, then, unless and until there is a final, nonappealable judgment by a court of competent jurisdiction declaring that such termination was for Cause or that the determination by the Executive of the existence of Good Reason was not made in good faith, the Company shall pay all amounts, and provide all benefits, to the Executive and/or the Executive's family or other beneficiaries, as the case may be, that the Company would be required to pay or provide pursuant to Section 6(a) of this Agreement as though such termination were by the Company without Cause or by the Executive with Good Reason; provided, however, that the Company shall not be required to pay any disputed amounts pursuant to this paragraph except upon receipt of an undertaking by or on behalf of the Executive to repay all such amounts to which the Executive is ultimately adjudged by such court not to be entitled.

  • Disputes and Claims Failure to file such a protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustments or non- adjustment to the contract price and/or contract time set forth in the field order.

  • Claims and Disputes A. Claims by the CONTRACTOR must be made in writing to the COUNTY within two (2) business days, unless another provision of this Agreement sets forth a different time frame, after the commencement of the event giving rise to such claim or the CONTRACTOR will be deemed to have waived the claim. All claims will be priced in accordance with the section in this document entitled “Changes in the Scope of Services”. B. The CONTRACTOR shall proceed diligently with its performance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with the contract documents during the pendency of any claim. C. Claims by the CONTRACTOR will be resolved in the following manner: (1) Upon receiving the claim and supporting data, the COUNTY will within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY will specify the grounds for denial. The CONTRACTOR will then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is.

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