Common use of Waiver of Claim Clause in Contracts

Waiver of Claim. The Contractor shall have no claim for damages against Princeton University or the Project, and shall be conclusively deemed to have waived any such claim, unless notice of such claim has been given in accordance with this Clause H3 within five (5) business days after the date on which the Contractor has knowledge, or should reasonably have knowledge, of the circumstances giving rise to such claim. Any claims shall be made pursuant to the procedures established by this Clause H3. (a) Princeton University and Contractor desire that this Contract operate between them fairly and reasonably. If a claim, controversy or dispute arises between Princeton University and Contractor, then Princeton University’s Representative and Contractor’s Representative shall promptly confer and exert their best efforts in good faith to reach a reasonable and equitable resolution of the issue. (b) If such Representatives are unable to resolve any such claim, controversy, or dispute, and either party desires to proceed with its claim, then that party shall give written notice to the other party that the process set forth below is being invoked. Such notice shall identify with reasonable particularity the nature of the claim, controversy, or dispute. Neither Princeton University or the Contractor may pursue any claim, controversy or dispute except as set forth below in this Clause H4. (c) If the claim, controversy or dispute is not resolved within fifteen (15) business days after the date of such written notice under subparagraph (b) above (or such longer time agreed to by both parties), the matter shall be referred for possible resolution to senior officers of each party (or their designees). (d) If such officers or designees are unable to resolve the claim, controversy or dispute within fifteen (15) business days after it is referred to them (or such longer time agreed to by both parties), they shall, upon demand by either party, within ten

Appears in 7 contracts

Samples: Preconstruction Services Agreement, Construction Services Basic Ordering Agreement, Basic Ordering Agreement

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Waiver of Claim. The Contractor shall have no claim for damages against Princeton University or the Project, and shall be conclusively deemed to have waived any such claim, unless notice of such claim has been given in accordance with this Clause H3 within five (5) business days after the date on which the Contractor has knowledge, or should reasonably have knowledge, of the circumstances giving rise to such claim. Any claims shall be made pursuant to the procedures established by this Clause H3. (a) Princeton University and Contractor desire that this Contract operate between them fairly and reasonably. If a claim, controversy or dispute arises between Princeton University and Contractor, or one party perceives the other as acting unfairly or unreasonably, then Princeton University’s Representative and Contractor’s Representative shall promptly confer and exert their best efforts in good faith to reach a reasonable and equitable resolution of the issue. (b) If such Representatives are unable to resolve any such claim, controversy, or dispute, and either party desires to proceed with its claim, then that party shall give written notice to the other party that the process set forth below is being invoked. Such notice shall identify with reasonable particularity the nature of the claim, controversy, or dispute. Neither Princeton University or the Contractor may pursue any claim, controversy or dispute except as set forth below in this Clause H4. (c) If the claim, controversy or dispute is not resolved within fifteen (15) business days after the date of such written notice under subparagraph (b) above (or such longer time agreed to by both parties), the matter shall be referred for possible resolution to senior officers of each party (or their designees). (d) If such officers or designees are unable to resolve the claim, controversy or dispute within fifteen (15) business days after it is referred to them (or such longer time agreed to by both parties), they shall, upon demand by either party, within ten

Appears in 2 contracts

Samples: Preconstruction Services Agreement, Basic Ordering Agreement

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