Settlement Proposal. After termination, Design-Builder shall submit a final termination settlement proposal to Department in the form and with the certification prescribed by Department. Design-Builder shall submit the proposal promptly, but no later than thirty (30) days from the effective date of termination unless Design-Builder has requested a time extension in writing within such 30-day period and Department has agreed in writing to allow such an extension.
Settlement Proposal. After receipt of a Notice of Termination or Notice of Partial Termination for Convenience, Maintenance Contractor shall submit a final termination settlement proposal to TxDOT in the form and with the certification prescribed by TxDOT. Maintenance Contractor shall submit the proposal promptly, but no later than 90 Days from the effective date of termination unless Maintenance Contractor has requested a time extension in writing within such 90-Day period and TxDOT has agreed in writing to such extension. Maintenance Contractor’s termination settlement proposal shall then be reviewed by TxDOT and acted upon, returned with comments, or rejected. If Maintenance Contractor fails to submit the proposal within the time allowed, TxDOT may conclusively determine, on the basis of information available to it, the amount, if any, due Maintenance Contractor because of the termination and shall pay Maintenance Contractor the amount so determined.
Settlement Proposal. After termination under this Article 8, or for any other category of termination for which the Contract Documents expressly permit Design-Builder to recover under this Article 8, Design-Builder shall submit a final termination settlement proposal to Department in the form and with the certification prescribed by Department. Design-Builder shall submit the proposal promptly, but no later than ninety (90) days from the effective date of termination unless Design-Builder has requested a time extension in writing within such ninety (90)-day period and Department has agreed in writing to allow such an extension.
Settlement Proposal. After receipt of a Notice of Termination, the DB Contractor shall submit a final termination settlement proposal to the District in the form and with the certification prescribed by the District. The DB Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless the DB Contractor has requested a time extension in writing within such period and the District has agreed in writing to allow such an extension. The District will then review the DB Contractor’s termination settlement proposal and will act upon it, return it with comments or reject it. If the DB Contractor fails to submit the proposal within the time allowed, the District may determine, on the basis of information available to it, the amount, if any, due to the DB Contractor because of the termination and shall pay the DB Contractor the amount so determined.
Settlement Proposal. Within 90 days after receipt of a Notice of Termination for Convenience or Notice of Partial Termination for Convenience, DB Contractor shall submit a final termination settlement proposal to TxDOT in the form and with the certification prescribed by TxDOT. DB Contractor’s termination settlement proposal shall then be reviewed by TxDOT and acted upon, returned with comments, or rejected. If DB Contractor fails to submit the proposal within the time allowed, TxDOT may determine, on the basis of information available, the amount, if any, due DB Contractor because of the termination, shall pay DB Contractor the amount so determined and shall be bound by TxDOT’s determination.
Settlement Proposal. Each party shall present an overall settlement proposal to the arbitrator which shall encompass all issues to be resolved. The two proposals shall set the outer limits of the range within which the arbitrator can make a determination as to the appropriate settlement result. All costs of the arbitration process shall be borne by the party determined by the arbitrator to have lost the arbitration. In the event the arbitrator makes a determination which reflects a 50-50 settlement, Telecom and Xxxxxx shall share equally the costs of the arbitration. In the event the arbitrator makes a determination which reflects a divided settlement, the arbitrator shall determine the proportion in which the parties shall share the costs of arbitration.
Settlement Proposal. 93 14.6 Amount of Negotiated Termination Settlement Amount ...................... 94
Settlement Proposal. Aclima will replenish its security deposit in the amount of $109,715.60 in the aggregate for the 3 leases as Port has applied all the security deposit under each of the 3 leases.
Settlement Proposal. After receipt of a Notice of Termination for Convenience or Notice of Partial Termination for Convenience, Fabricator shall promptly submit but no later than 90 days from the effective date of termination a final termination settlement proposal to TxDOT in the form and with the certification prescribed by TxDOT. Fabricator and TxDOT may agree, as provided in Section 12.4, upon the whole or any part of the amount or amounts to be paid to Fabricator by reason of the total or partial termination of Work for convenience pursuant to this Section 12. Such negotiated settlement may include a reasonable allowance for profit solely on Work which has been completed as of the termination date. Such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Price as reduced by the amount of payments otherwise made and the Price of Work not terminated. Upon determination of the settlement amount the Agreement will be amended accordingly, and Fabricator will be paid the agreed amount as described in this Section 12. Nothing in Section 12.4, prescribing the amount to be paid to Fabricator in the event that Fabricator and TxDOT fail to agree upon the whole amount to be paid to Fabricator by reason of the termination of Work pursuant to this Section 12 shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to Fabricator pursuant to this Section 12. TxDOT's execution and delivery of any settlement agreement shall not affect any of its rights under the Contract Documents with respect to completed Work, relieve Fabricator from its obligations with respect thereto, including Warranties, or affect Fabricator’s rights under the Performance Bond and/or Payment Bond as to such completed or non-terminated Work.
Settlement Proposal. After receipt of a Notice of Termination for Convenience or Notice of Partial Termination for Convenience, TSP shall submit a final termination settlement proposal to the Joint Board in the form and with the certification prescribed by the Joint Board. TSP shall submit the proposal promptly, but no later than 90 Days from the effective date of termination unless TSP has requested a time extension in writing within such 90-Day period and the Joint Board has agreed in writing to allow such an extension. TSP’s termination settlement proposal shall then be reviewed by the Joint Board and acted upon, returned with comments, or rejected. If TSP fails to submit the proposal within the time allowed, the Joint Board may determine, on the basis of information available, the amount, if any, due TSP because of the termination and shall pay TSP the amount so determined, and TSP shall be bound by the Joint Board’s determination.
