Common use of Written Claim and Department Response Clause in Contracts

Written Claim and Department Response. ‌ (i) Within 21 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that a Delay Event has ceased, the Developer will submit a claim in writing to the Department requesting the relief, if any, the Developer seeks as a result of the Delay Event. The written claim must state the date on which the Delay Event ceased. After submitting its written claim, the Developer will provide any additional information relating to the Delay Event that the Department may reasonably require. (ii) If the written claim seeks monetary relief (because the Delay Event is also a Compensation Event), the written claim will be treated as a Compensation Event Notice and the parties will proceed under Section 14.01(a)(iii). (iii) If the written claim seeks only non-monetary relief then, within 45 Days of receiving the Developer’s written claim, the Department will issue a written response granting or denying, in full or in part, the Developer’s claim. If the Department fails to respond within the 45-Day period, the claim will be deemed denied. Thereafter, if there is a dispute relating to the Department’s response, or failure to respond, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred.

Written Claim and Department Response. ‌ (i) Within 21 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that a Delay Event has ceased, the Developer will submit a claim in writing to the Department requesting the relief, if any, the Developer seeks as a result of the Delay Event. The written claim must state the date on which the Delay Event ceased. After submitting its written claim, the Developer will provide any additional information relating to the Delay Event that the Department may reasonably require. (ii) If the written claim seeks monetary relief (because the Delay Event is also a Compensation Event), the written claim will be treated as a Compensation Event Notice and the parties will proceed under Section 14.01(a)(iii). (iii) If the written claim seeks only non-monetary relief then, within 45 Days of receiving the Developer’s written claim, the Department will issue a written response granting or denying, in full or in part, the Developer’s claim. If the Department fails to respond within the 45-Day period, the claim will be deemed denied. Thereafter, if there is a dispute relating to the Department’s response, or failure to respond, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (iv) The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.

Written Claim and Department Response. ‌ (i) Within 21 30 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that a Delay Event has ceased, the Developer will submit a claim in writing to the Department requesting the relief, if any, the Developer seeks as a result of the Delay Event. The written claim must state the date on which the Delay Event ceased. After submitting its written claim, the Developer will provide any additional information relating to the Delay Event that the Department may reasonably require. (ii) If the written claim seeks monetary relief (because the Delay Event is also a Compensation Event), the written claim will be treated as a Compensation Event Notice and the parties will proceed under Section 14.01(a)(iii). (iii) If the written claim seeks only non-monetary relief then, within 45 90 Days of receiving the Developer’s written claim, the Department will issue a written response granting or denying, in full or in part, the Developer’s claim. If the Department fails to respond within the 4590-Day period, the claim will be deemed denied. Thereafter, if there is a dispute relating to the Department’s response, or failure to respond, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (iv) The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.