Common use of Submission of Dispute to Disputes Board Clause in Contracts

Submission of Dispute to Disputes Board. (a) Within 15 days (seven days for Fast-Track Disputes) after the end of the last time period under the Informal Resolution Proceedings, either Party may refer a Dispute to the Disputes Board for resolution by serving written notice on the other Party. The notice shall include the same information as a notice of Dispute issued under Section 16.3.4.1(a). Within 15 days (seven days for Fast-Track Disputes) after a Party refers a Dispute to the Disputes Board, the responding Party shall serve a written response upon the claiming Party’s designated agent. The response shall include the same information as the notice of Dispute issued under Section 16.3.4.1(a), to the extent applicable; shall be signed by the designated representative of the responding Party; and shall constitute a certification by the (i) The response to the claiming Party's notice of Dispute is served in good faith; (ii) All supporting information is reasonably believed by the responding Party to be accurate and, except as otherwise reasonably explained in the response, complete; and (iii) The responding Party disputes the amount of money or other right, remedy or relief to which the claiming Party believes it is entitled. (b) Neither Party may attempt to seek resolution of a Dispute by the Disputes Board or litigate the merits of any Dispute in court if such Dispute is not timely referred to the Disputes Board within the 15 day time period under Section 16.3.5.2(a) above, except for Ineligible Matters and Disputes for which TxDOT is entitled to seek relief in court. (c) The responding Party shall also assert in its response any challenge it may then have to the Dispute Board's authority to resolve the Dispute if the responding Party then believes in good faith that the Dispute is an Ineligible Matter.

Submission of Dispute to Disputes Board. (a) Within 15 days (seven days for Fast-Track Disputes) after the end of the last time period under the Informal Resolution Proceedings, either Party may refer a Dispute to the Disputes Board for resolution by serving written notice on the other Party. The notice shall include the same information as a notice of Dispute issued under Section 16.3.4.1(a16.3.3.1(a). Within 15 days (seven days for Fast-Track Disputes) after a Party refers a Dispute to the Disputes Board, the responding Party shall serve a written response upon the claiming Party’s designated agent. The response shall include the same information as the notice of Dispute issued under Section 16.3.4.1(a), Section (a) to the extent applicable; shall be signed by the designated representative of the responding Party; and shall constitute a certification by thethe responding Party that: (i) The the response to the claiming Party's ’s notice of Dispute is served in good faith; ; (ii) All all supporting information is reasonably believed by the responding Party to be accurate and, except as otherwise reasonably explained in the response, complete; and and (iii) The the responding Party disputes the amount of money or other right, remedy or relief to which the claiming Party believes it is entitled. (b) Neither Party may attempt to seek resolution of a Dispute by the Disputes Board or litigate the merits of any Dispute in court if such Dispute is not timely referred to the Disputes Board within the 15 day time period under Section 16.3.5.2(a16.3.4.2(a) above, except for Ineligible Matters and Disputes for which TxDOT is entitled to seek relief in court. (c) The responding Party shall also assert in its response any challenge it may then have to the Dispute Board's ’s authority to resolve the Dispute if the responding Party then believes in good faith that the Dispute is an Ineligible Matter.

Submission of Dispute to Disputes Board. (a) Within 15 days (seven days for Fast-Track Disputes) after the end of the last time period under the Informal Resolution Proceedings, either Party may refer a Dispute to the Disputes Board for resolution by serving written notice on the other Party. The notice shall include the same information as a notice of Dispute issued under Section 16.3.4.1(a). 16.3.4.1 (a) Within 15 days (seven days for Fast-Track Disputes) after a Party refers a Dispute to the Disputes Board, the responding Party shall serve a written response upon the claiming Party’s designated agent. The response shall include the same information as the notice of Dispute issued under Section 16.3.4.1(a), 16.3. (a) to the extent applicable; shall be signed by the designated representative of the responding Party; and shall constitute a certification by thethe responding Party that: (i) The response to the claiming Party's notice of Dispute is served in good faith; Texas Department of Transportation Execution Version Horseshoe Project 111 Capital Maintenance Agreement (ii) All supporting information is reasonably believed by the responding Party to be accurate and, except as otherwise reasonably explained in the response, complete; and and (iii) The responding Party disputes the amount of money or other right, remedy or relief to which the claiming Party believes it is entitled. (b) Neither Party may attempt to seek resolution of a Dispute by the Disputes Board or litigate the merits of any Dispute in court if such Dispute is not timely referred to the Disputes Board within the 15 day time period under Section 16.3.5.2(a) above, except for Ineligible Matters and Disputes for which TxDOT is entitled to seek relief in court. (c) The responding Party shall also assert in its response any challenge it may then have to the Dispute Board's authority to resolve the Dispute if the responding Party then believes in good faith that the Dispute is an Ineligible Matter.

Submission of Dispute to Disputes Board. (a) Within 15 days (seven days for Fast-Track Disputes) after the end of the last time period under the Informal Resolution Proceedings, either Party may refer a Dispute to the Disputes Board for resolution by serving written notice on the other Party. The notice shall include the same information as a notice of Dispute issued under Section 16.3.4.1(a). Within 15 days (seven days for Fast-Track Disputes) after a Party refers a Dispute to the Disputes Board, the responding Party shall serve a written response upon the claiming Party’s designated agent. The response shall include the same information as the notice of Dispute issued under Section 16.3.4.1(a), to the extent applicable; shall be signed by the designated representative of the responding Party; and shall constitute a certification by the (i) The response to the claiming Party's notice of Dispute is served in good faith; is (ii) All supporting information is reasonably believed by the responding Party to be accurate and, except as otherwise reasonably explained in the response, complete; and the (iii) The responding Party disputes the amount of money or other right, remedy or relief to which the claiming Party believes it is entitled. (b) Neither Party may attempt to seek resolution of a Dispute by the Disputes Board or litigate the merits of any Dispute in court if such Dispute is not timely referred to the Disputes Board within the 15 day time period under Section 16.3.5.2(a) above, except for Ineligible Matters and Disputes for which TxDOT is entitled to seek relief in court. (c) The responding Party shall also assert in its response any challenge it may then have to the Dispute Board's authority to resolve the Dispute if the responding Party then believes in good faith that the Dispute is an Ineligible Matter.