Common use of Technical Disputes Clause in Contracts

Technical Disputes. If a Dispute primarily involves a technical or engineering issue and the Parties desire to attempt to resolve such Dispute by a Qualified Engineer prior to submitting a Dispute pursuant to Section 14.5(a), then the Parties may agree to refer such Dispute to a Qualified Engineer skilled in the particular discipline that is the matter of controversy. If the Parties desire to refer the matter to a Qualified Engineer, the Parties shall meet to mutually select and agree in writing on a Qualified Engineer to hear and to render a determination on such matter. The selected Qualified Engineer shall be given written notice of such selection by the Parties and the Parties shall secure its agreement to serve as the Qualified Engineer for such matter. Within ten (10) Business Days after the selection and engagement of the Qualified Engineer, the Parties shall each provide to the Qualified Engineer written notice stating in detail the contested matter and such Party’s basis for its position. Within five (5) Business Days thereafter, the Parties shall meet with the Qualified Engineer to resolve the Dispute. Within ten (10) Business Days after such meeting or as soon thereafter as possible, the Qualified Engineer shall decide the Dispute and issue a written memorandum decision to the Parties. Such decision shall be non-binding and either Party may submit such Dispute for resolution in accordance with Section 14.5(a). The Qualified Engineer’s costs and expenses shall be shared equally by the Parties.

Technical Disputes. If a Dispute primarily involves a technical or engineering issue and the Parties desire to attempt to resolve such Dispute by a Qualified Engineer prior to submitting a Dispute pursuant to Section 14.5(a), then the Parties may agree to refer such Dispute to a Qualified Engineer skilled in the particular discipline that is the matter of controversy. If the Parties desire to refer the matter to a Qualified Engineer, the Parties shall meet to mutually select and agree in writing on a Qualified Engineer to hear and to render a determination on such matter. The selected Qualified Engineer shall be given written notice of such selection by the Parties and the Parties shall secure its agreement to serve as the Qualified Engineer for such matter. Within ten (10) Business Days after the selection and engagement of the Qualified Engineer, the Parties shall each provide to the Qualified Engineer written notice stating in detail the contested matter and such Party’s basis for its position. Within five (5) Business Days thereafter, the Parties shall meet with the Qualified Engineer to resolve the Dispute. Within ten (10) Business Days after such meeting or as soon thereafter as possible, the Qualified Engineer shall decide the Dispute and issue a written memorandum decision to the Parties. Such decision shall be non-binding and DocuSign Envelope ID: B0A47EA5-ADDC-4324-853B-09D49711DBFF either Party may submit such Dispute for resolution in accordance with Section 14.5(a). The Qualified Engineer’s costs and expenses shall be shared equally by the Parties.