Technical Dispute. Technical Disputes shall be resolved by a mutually agreed upon independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the Industry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required Site characteristics, and any other Disputes of a technical or engineering nature. All Technical Disputes shall be resolved on an accelerated basis by a nationally recognized professional expert unless otherwise agreed in writing by Contractor and District. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 3 contracts
Samples: Energy Services Master Agreement, Energy Services Master Agreement, Energy Services Master Agreement
Technical Dispute. Technical Disputes shall be resolved by a mutually agreed upon an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the Industry Standards and applicable Building Codestechnical specifications, whether the relevant part of the Site where the System is located meets the required Site site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the District. All Technical Disputes shall be resolved on an accelerated basis by a nationally recognized professional expert one of the following institutions unless otherwise agreed in writing by Contractor and District. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.:
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Technical Dispute. Technical Disputes shall be resolved by a mutually agreed upon an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the Industry Standards related to operation and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required Site characteristics, and any other Disputes of a technical or engineering naturemaintenance. All Technical Disputes shall be resolved on an accelerated basis by a nationally recognized professional expert unless otherwise mutually agreed in writing by Contractor Operator and DistrictOwner. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 2 contracts
Samples: Operations & Maintenance Agreement, Operations & Maintenance Agreement
Technical Dispute. Technical Disputes shall be resolved by a mutually agreed upon an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the Industry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required Site characteristics, and any other Disputes of a technical or engineering nature. All Technical Disputes shall be resolved on an accelerated basis by an institution or a nationally recognized professional expert unless otherwise that has been agreed upon in writing by Contractor and DistrictCustomer. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 1 contract
Samples: Facility Solutions Agreement
Technical Dispute. Technical Disputes shall be resolved by a mutually agreed upon an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the Industry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required Site characteristics, and any other Disputes of a technical or engineering nature. All Technical Disputes shall be resolved on an accelerated basis by a nationally recognized professional expert unless otherwise agreed in writing by Contractor and DistrictCounty. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 1 contract
Samples: Facility Solutions Agreement