Common use of RESOLUTION OF DISPUTES, CLAIMS AND OTHER MATTERS Clause in Contracts

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, claim, or other matter in question arising, the DB shall continue performance diligently during its pendency as if no dispute, claim or other matter in question has arisen. During the pendency of any dispute in connection with the payment of moneys, the DB shall be entitled to receive payments for non-disputed items as provided for in this Agreement. However, in the event the dispute, claim or other matter in question does not allow for payment to the DB for a period exceeding sixty (60) calendar days, the DB may suspend the Work, but only on the areas of the Project directly related to the disputed items. As a condition precedent to any suspension of the Work or suspension of a portion of the Work by the DB, it shall notify the Owner in writing of its intent to suspend all or part of the Work. Both parties shall make all reasonable efforts to meet within five (5) business days from the date of the DB’s notification. The parties shall engage in good faith negotiations intended to resolve the dispute regarding payment and the continuation of the Work. If the parties are unable to reach an agreement within five (5) business days from the date of the DB’s notification, the DB may stop work on the non-disputed items until the payment issue is resolved. DB will promptly resume work on the disputed items once the parties have resolved their dispute. e. No claim by the DB shall be allowed if notice of claim is first submitted after final payment, except as otherwise allowed by this Agreement. f. Contractual claims by the DB, whether for money or for other relief, including any disputes as to change orders or extra Work, shall be submitted, in writing, no later than sixty (60) days after final payment or payment designated as a final payment; provided, however, that the DB first gave notice of such claim as provided Paragraph 17.6.a. A written decision upon any such claim will be made by the Owner within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the Owner. The DB may not institute legal action prior to receipt of the Owner’s decision on the claim unless the Owner fails to render such decision within ninety (90) days from submittal of its claim. The decision of the Owner shall be final and conclusive unless the DB within six (6) months of the date of the final decision on a claim or from expiration of the ninety (90) day-time limit, whichever occurs first, initiates legal action as provided in Virginia Code § 2.2-4364. Failure of the Owner to render a decision within said ninety (90) days shall not result in the DB being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the Owner’s failure to render a decision within said ninety (90) days shall be the DB’s right to thereafter institute legal action. No administrative appeals procedure pursuant to Section 2.2-4365 of the Code of Virginia has been established for contractual claims under this Agreement.

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 Private Entity 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 Private Entity knows of such occurrence, leading to the claim being made and the DB Private Entity 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 no claims of cumulative impacts or deferral of claimed delay will be allowed. Complete satisfaction of this Paragraph 17.6.a Section 17.5.a is a condition precedent for the DB Private Entity to pursue a claim arising under or relating to this Agreement, and failure by the DB Private Entity to satisfy this Paragraph 17.6.a Section 17.5.a as to written notice or, unless otherwise agreed to in writing by the parties, to submit its claim and reasonably available data in accordance with this Paragraph 17.6.a Section 17.5.a will waive any claim by the DBPrivate Entity. 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- non-binding mediation before a mediator agreed upon by the parties, with the Site site of the mediation being the County of LancasterXxxxxxxxxx, 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, claim, or other matter in question arising, the DB shall continue performance diligently during its pendency as if no dispute, claim or other matter in question has arisen. During the pendency of any dispute in connection with the payment of moneys, the DB shall be entitled to receive payments for non-disputed items as provided for in this Agreement. However, in the event the dispute, claim or other matter in question does not allow for payment to the DB for a period exceeding sixty (60) calendar days, the DB may suspend the Work, but only on the areas of the Project directly related to the disputed items. As a condition precedent to any suspension of the Work or suspension of a portion of the Work by the DB, it shall notify the Owner in writing of its intent to suspend all or part of the Work. Both parties shall make all reasonable efforts to meet within five (5) business days from the date of the DB’s notification. The parties shall engage in good faith negotiations intended to resolve the dispute regarding payment and the continuation of the Work. If the parties are unable to reach an agreement within five (5) business days from the date of the DB’s notification, the DB may stop work on the non-disputed items until the payment issue is resolved. DB will promptly resume work on the disputed items once the parties have resolved their dispute. e. No claim by the DB shall be allowed if notice of claim is first submitted after final payment, except as otherwise allowed by this Agreement. f. Contractual claims by the DB, whether for money or for other relief, including any disputes as to change orders or extra Work, shall be submitted, in writing, no later than sixty (60) days after final payment or payment designated as a final payment; provided, however, that the DB first gave notice of such claim as provided Paragraph 17.6.a. A written decision upon any such claim will be made by the Owner within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the Owner. The DB may not institute legal action prior to receipt of the Owner’s decision on the claim unless the Owner fails to render such decision within ninety (90) days from submittal of its claim. The decision of the Owner shall be final and conclusive unless the DB within six (6) months of the date of the final decision on a claim or from expiration of the ninety (90) day-time limit, whichever occurs first, initiates legal action as provided in Virginia Code § 2.2-4364. Failure of the Owner to render a decision within said ninety (90) days shall not result in the DB being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the Owner’s failure to render a decision within said ninety (90) days shall be the DB’s right to thereafter institute legal action. No administrative appeals procedure pursuant to Section 2.2-4365 of the Code of Virginia has been established for contractual claims under this Agreement.Section

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 Operator shall give Owner written notice of any claim for any additional compensation, damages, or delay within twenty ten (2010) days of the beginning of the occurrence of the event, or of when the DB knows of such occurrence, event leading to the claim being made made, or within ten (10) days of when Operator 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 the DB Operator 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 no claims of cumulative impacts or deferral of claimed delay will be allowed. Complete satisfaction of this Paragraph 17.6.a Section 17.5.a is a condition precedent for the DB Operator to pursue a claim arising under or relating to this Agreement, and failure by the DB Operator to satisfy this Paragraph 17.6.a subparagraph a as to written notice or, unless otherwise agreed to in writing by the parties, to submit its claim and reasonably available data in accordance with this Paragraph 17.6.a Section 17.5.a will waive any claim by the DBOperator as to which such failure applies. Unless otherwise agreed by the parties, the Owner shall act on any claims as set forth below, within thirty ninety (3090) days of Owner’s receipt of claim and supporting datatheir receipt. 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- by non-binding mediation before a mediator agreed upon by conducted pursuant to the partiesRules of the American Arbitration Association, with the Site site of the mediation being the County of LancasterAppomattox County, 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 negotiationnegotiation and mediation, 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 mediationis invoked by a party, either party may proceed in accordance with Paragraph 17.4.f Section 17.5.c below. In no event shall binding arbitration be a permissible form of resolution of disputes under this Agreement. c. If the procedures of Section 17.5.b have been followed, but, more than ten (10) days have passed since a party has invoked mediation, 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 Appomattox County, Virginia, or if the subject or amount in controversy is within its jurisdiction, the General District Court of Appomattox County, Virginia. d. Nothing in Paragraph 17.4.b Sections 17.5.b or 17.5.c shall prevent a party from seeking immediate temporary injunctive or other temporary equitable relief in Lancaster Appomattox County Circuit Court if circumstances so warrant. d. e. In the event of any dispute, claim, or other matter in question arising, the DB Operator shall continue its performance diligently during its pendency as if no dispute, claim or other matter in question has had arisen. During the pendency of any dispute in connection with the payment of moneys, the DB Operator shall be entitled to receive payments for non-disputed items as provided for in this Agreement. However, in the event the dispute, claim or other matter in question does not allow for payment to the DB for a period exceeding sixty (60) calendar days, the DB may suspend the Work, but only on the areas of the Project directly related to the disputed items. As a condition precedent to any suspension of the Work or suspension of a portion of the Work by the DB, it shall notify the Owner in writing of its intent to suspend all or part of the Work. Both parties shall make all reasonable efforts to meet within five (5) business days from the date of the DB’s notification. The parties shall engage in good faith negotiations intended to resolve the dispute regarding payment and the continuation of the Work. If the parties are unable to reach an agreement within five (5) business days from the date of the DB’s notification, the DB may stop work on the non-disputed items until the payment issue is resolved. DB will promptly resume work on the disputed items once the parties have resolved their dispute. e. f. No claim by the DB Operator shall be allowed if notice of claim is first submitted after final payment, except as otherwise allowed by this Agreement. f. Contractual claims by the DB, whether for money or for other relief, including any disputes as to change orders or extra Work, shall be submitted, in writing, no later than sixty (60) days after final payment or payment designated as a final payment; provided, however, that the DB first gave notice of such claim as provided Paragraph 17.6.a. A written decision upon any such claim will be made by the Owner within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the Owner. The DB may not institute legal action prior to receipt of the Owner’s decision on the claim unless the Owner fails to render such decision within ninety (90) days from submittal of its claim. The decision of the Owner shall be final and conclusive unless the DB within six (6) months of the date of the final decision on a claim or from expiration of the ninety (90) day-time limit, whichever occurs first, initiates legal action as provided in Virginia Code § 2.2-4364. Failure of the Owner to render a decision within said ninety (90) days shall not result in the DB being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the Owner’s failure to render a decision within said ninety (90) days shall be the DB’s right to thereafter institute legal action. No administrative appeals procedure pursuant to Section 2.2-4365 of the Code of Virginia has been established for contractual claims under this Agreement.

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 Private Entity 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 Private Entity 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 no claims of cumulative impacts or deferral of claimed delay will be allowed. Complete satisfaction of this Paragraph 17.6.a Section 17.5.a is a condition precedent for the DB Private Entity to pursue a claim arising under or relating to this Agreement, and failure by the DB Private Entity to satisfy this Paragraph 17.6.a Section 17.5.a as to written notice or, unless otherwise agreed to in writing by the parties, to submit its claim and reasonably available data in accordance with this Paragraph 17.6.a Section 17.5.a will waive any claim by the DBPrivate Entity. 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 of 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 by non-binding mediation, if agreed to non- binding mediation by both parties, before a mediator agreed upon by the parties, with the Site site of the mediation being the County City of LancasterFalls Church, Virginia. The parties shall share equally in the cost of any the 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 Section 17.5.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 Section 17.5.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, claim, or other matter in question arising, the DB Private Entity and Owner shall continue performance diligently during its pendency as if no dispute, claim or other matter in question has had arisen. During the pendency of any dispute in connection with the payment of moneys, the DB Private Entity shall be entitled to receive payments for non-disputed items as provided for in this Agreement. However, in the event the dispute, claim or other matter in question does not allow for payment to the DB for a period exceeding sixty (60) calendar days, the DB may suspend the Work, but only on the areas of the Project directly related to the disputed items. As a condition precedent to any suspension of the Work or suspension of a portion of the Work by the DB, it shall notify the Owner in writing of its intent to suspend all or part of the Work. Both parties shall make all reasonable efforts to meet within five (5) business days from the date of the DB’s notification. The parties shall engage in good faith negotiations intended to resolve the dispute regarding payment and the continuation of the Work. If the parties are unable to reach an agreement within five (5) business days from the date of the DB’s notification, the DB may stop work on the non-disputed items until the payment issue is resolved. DB will promptly resume work on the disputed items once the parties have resolved their dispute. e. No claim by the DB Private Entity shall be allowed if notice of claim is first submitted after final payment, except as otherwise allowed by this Agreement. f. Contractual claims by the DBclaims, whether for money or for other relief, including any disputes as to change orders or extra Work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated as a final payment; provided, however, that the DB first gave written notice of the Private Entity’s intention to file such claim as provided Paragraph 17.6.arequired herein. Such notice is a condition precedent to the assertion of any such claim by the Private Entity. A written decision upon any such claim claims will be made by the Owner within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the Owner. The DB Private Entity may not institute legal action prior to receipt of the Owner’s decision on the claim unless the Owner fails to render such decision within ninety one hundred twenty (90120) calendar days from submittal of its claim. The decision of the Owner shall be final and conclusive unless the DB Private Entity within six (6) months of the date of the final decision on a claim or from expiration of the ninety (90) day-120 day time limit, whichever occurs first, initiates legal action as provided in Virginia Section 2.2 – 4364, of the Code § 2.2-4364of Virginia. Failure of the Owner to render a decision within said ninety one hundred twenty (90120) calendar days shall not result in the DB Private Entity being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the Owner’s failure to render a decision within said ninety one hundred twenty (90120) calendar days shall be the DBPrivate Entity’s right to thereafter institute legal action. No administrative appeals procedure pursuant to Section 2.2-4365 2.2- 4365, of the Code of Virginia Virginia, has been established for contractual claims under this Agreement.