Common use of WARRANTY OF RIGHT TO USE Clause in Contracts

WARRANTY OF RIGHT TO USE. The Contractor warrants that in transmitting drawings, specifications, and other documents or information, it is the copyright, trademark, or patent owner of such information or has permission from the copyright, trademark, or patent owner to transmit such information for its use on the Project. 130-3 INFORMATION SYSTEMS SECURITY The Contractor agrees that it and all persons acting on its behalf will follow all applicable laws that concern the Owner’s information systems security and the Owner’s information technology systems and assets. The Contractor agrees that it and all persons acting on its behalf will comply with all applicable laws concerning the protection of Sensitive Security Information, as addressed in 49 C.F.R. Part 1520, and any similar applicable laws. 130-4 OPEN RECORDS All information, documentation and other material submitted by the Contractor may be subject to public disclosure under the Public Information Act, Texas Government Code Chapter 552. 130-5 SURVIVAL This Section shall survive termination of the Contract and Final Completion. END OF SECTION 130 SECTION 140 – DISPUTE RESOLUTION 140-1 MEDIATION In the event of any dispute between the Parties regarding the Contract, and prior to the commencement of any formal proceedings, including mediation, the Parties will attempt in good faith to reach a negotiated resolution. Each Party shall designate a representative with authority to resolve the dispute to enter into discussions within thirty (30) days of a Party’s request for negotiation. Should these negotiations fail, claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived if and as provided in the Contract Documents, shall be subject to mediation as a condition precedent to binding dispute resolution. A request for mediation shall be made in writing and delivered to the other Party. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the Parties or court order. The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. For any claim subject to, but not resolved by, mediation, the method of binding dispute resolution shall be litigation. 140-2 RECOVERABLE FEES, COSTS, AND EXPENSES