Common use of Right to Litigate Dispute Clause in Contracts

Right to Litigate Dispute. (a) The Department and the Development Entity agree that the right of the Department or the Development Entity to proceed to litigation of any unresolved Dispute is subject to: (i) the submission of such Dispute to the Disputes Review Board under this Article 30 (Dispute Resolution Procedures); and (ii) where such Dispute is raised by the Development Entity: (A) the proper filing of the related Chapter 17 Claim by the Development Entity in accordance with Section 30.3(d); and (B) such claim remaining unresolved for at least 120 Days after the receipt thereof by the Department pursuant to 62 Pa. C.S. § 1712.1; (iii) to the extent provided by Applicable Law, either Party may seek specific performance of any obligation under the Project Documents or injunctive relief following consultation as set out in Section 30.2 (Consultation); and (iv) such condition shall not apply if there is a good faith determination by the disputing Party that a statute of limitations would expire pending any such process. (b) If a recommendation of the Disputes Review Board is: (i) not accepted (or deemed to have been accepted) by both Parties pursuant to Section 30.4(c)(v); or (ii) accepted by both Parties, but a Party does not give effect to such recommendation in accordance with the requirements of Section 30.4(c)(vi), then either Party may proceed to litigation of such unresolved Dispute, and all records and written recommendations of the Disputes Review Board will be admissible as evidence in any subsequent proceedings.

Right to Litigate Dispute. (a) The Department and the Development Entity agree that the right of the Department or the Development Entity to proceed to litigation of any unresolved Dispute is subject to: (i) the submission of such Dispute to the Disputes Review Board under this Article 30 (Dispute Resolution Procedures); and (ii) where such Dispute is raised by the Development Entity: (A) A. the proper filing of the related Chapter 17 Claim by the Development Entity in accordance with Section 30.3(d); and (B) B. such claim remaining unresolved for at least 120 Days days after the receipt thereof by the Department pursuant to 62 Pa. C.S. § 1712.1; (iii) to the extent provided by Applicable Law, either Party may seek specific performance of any obligation under the Project Documents or injunctive relief following consultation as set out in Section 30.2 (Consultation); and (iv) such condition shall not apply if there is a good faith determination by the disputing Party that a statute of limitations would expire pending any such process. (b) If a recommendation of the Disputes Review Board is: (i) not accepted (or deemed to have not been accepted) by both Parties pursuant to Section 30.4(c)(v30.4(b)(v); or (ii) accepted by both Parties, but a Party does not give effect to such recommendation in accordance with the requirements of Section 30.4(c)(vi30.4(b)(vi), then either Party may proceed to litigation of such unresolved Dispute, and all records and written recommendations of the Disputes Review Board will be admissible as evidence in any subsequent proceedings.