Settlement Negotiations. Subject to prime contract disputes under Section 17.1. 1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties, prior to the initiation of any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree either to fashion a procedure themselves or seek the assistance of a person or organization experienced in alternative dispute resolution procedures such as mediation, minitrial or other similar procedures.
Appears in 3 contracts
Samples: Subcontract Agreement, Subcontract Agreement, Subcontract Agreement
Settlement Negotiations. Subject to prime contract Prime Contract disputes resolution procedure under Section 17.1. 1section 17.1.1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contractPrime Contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties, prior to the initiation of any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree to either to fashion a procedure themselves or seek the assistance of a person or organization experienced in alternative dispute resolution procedures such as mediation, minitrial mediation or other similar procedures.
Appears in 2 contracts
Samples: Master Subcontract Agreement, Master Subcontract Agreement
Settlement Negotiations. Subject to prime contract disputes dispute resolution under Section 17.1. 117.1.1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, promptly upon notification by the Subcontractor of such a dispute, the Contractor and Subcontractor shall meet to informally resolve such any dispute. In the event that no resolution is achieved, the parties, prior to the initiation of for any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-decision- making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree either to fashion a procedure themselves or seek the assistance of a person or organization experienced in alternative dispute resolution procedures procedure, as designated by Contractor, such as JAMS, to assist in mediation, minitrial or other similar procedures.
Appears in 2 contracts
Samples: Subcontract Agreement, Subcontract Agreement
Settlement Negotiations. Subject to prime contract disputes Prime Contract dispute resolution procedures under Section 17.1. 117.1.1, and as for to disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contractPrime Contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties, prior to the initiation of any action or proceeding under this sectionSection, shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree either to fashion a procedure themselves or seek the assistance of a person or organization experienced in alternative dispute resolution procedures procedures, such as mediation, minitrial mediation or other similar procedures.
Appears in 1 contract
Samples: Subcontract Agreement
Settlement Negotiations. Subject to prime contract disputes under Section 17.1. 1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties, prior to the initiation of any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree either to fashion a procedure themselves or seek the assistance of a mutually agreeable person or organization experienced in alternative dispute resolution procedures such as mediation, minitrial or other similar procedures.
Appears in 1 contract
Samples: Subcontract Agreement
Settlement Negotiations. Subject to prime contract disputes dispute resolution procedures under Section 17.1. 117.1.1, and as for disputes not involving the acts, omissions or otherwise the responsibility of the Owner under the prime contract, promptly upon notification by the Subcontractor of a dispute, the Contractor and Subcontractor shall meet to informally resolve such dispute. In the event that no resolution is achieved, the parties, prior to the initiation of any action or proceeding under this section, shall make a good faith effort to resolve the dispute by negotiation negotiating between representatives with decision-decision- making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute, unless the parties otherwise agree. To facilitate the negotiation, the parties agree either to fashion a procedure themselves or seek the assistance of a person or organization experienced in alternative dispute resolution procedures procedures, such as mediation, minitrial mediation or other similar procedures.
Appears in 1 contract
Samples: Subcontract Agreement