Change Report Disputes Clause Samples

Change Report Disputes. BC Hydro may forward: (i) the original Change Report issued by the Contractor in accordance with Section 3.2 or Section 4.1 of this Schedule 12 [Changes] and the BCH Change Report, where Section 3.10(b) of this Schedule 12 [Changes] applies; or (ii) the Contractor Change Report and the BCH Change Report, where Section 3.10(a) of this Schedule 12 [Changes] applies, to a Referee appointed in accordance with the Dispute Resolution Procedure (the “Change Referee”) for a determination of which of the two reports most closely approximates her or his determination of the correct valuation of the cost of the Change, calculated in accordance with Sections 2.8(b) and 2.8(c) of this Schedule 12 [Changes], as applicable. The Change Referee will have no right to propose a middle ground or any modification of either of the reports. The Change Referee will conduct the proceedings in the manner which she or he considers appropriate, including: (a) considering the two reports, position papers of the parties, and any other written documents submitted by the parties, provided that the parties must provide to each other any reports, papers or other documents that are submitted at the same time as they are submitted; (b) informing the parties of any further investigation or inquiry that she or he may consider necessary; and (c) making such further investigation or inquiry, and hearing any person she or he chooses in connection with the dispute, either in the presence of the parties or, if they have been duly convened, in their absence. The results of these investigations and inquiries will be communicated to the parties for comment, provided that neither party can amend or change their original report. The Change Referee will make and send the ruling within 10 Business Days from the date on which the two reports were sent to her or him. The Change Referee’s ruling is final and binding, provided that BC Hydro may: (d) elect not to proceed with the Change described in the Preliminary Change Instruction or the applicable direction, instruction or decision from Hydro’s Representative (including, if applicable, cancelling any Change Directive in accordance with Section 2.7 of this Schedule 12 [Changes]); (e) elect to proceed with the Change on a cost plus basis in accordance with Section 2.8(c) of this Schedule 12 [Changes]; or (f) issue a Change Order on the terms determined by the Change Referee and the Contractor is deemed to have signed the Change Order and the Contractor will ...
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Related to Change Report Disputes

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Audit Dispute In the event of a dispute with respect to any audit under Section 4.12, AbbVie and ▇▇▇▇▇▇ shall work in good faith to resolve the disagreement. If the Parties are unable to reach a mutually acceptable resolution of any such dispute within [***] days, the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s accountants or to such other Person as the Parties shall mutually agree (the “Audit Arbitrator”). The decision of the Audit Arbitrator shall be final and the costs of such arbitration as well as the initial audit shall be borne between the Parties in such manner as the Audit Arbitrator shall determine. Not later than [***] days after such decision and in accordance with such decision, ▇▇▇▇▇▇ shall pay the additional amounts, with interest from the date originally due as provided in Section 4.10, or AbbVie shall reimburse the excess payments, as applicable.

  • Contract Disputes The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process: i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the ▇▇▇▇ Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin: 7.6.3.2 If the dispute is not resolved within sixty (60) days of the ▇▇▇▇ Date, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within ninety (90) days of the ▇▇▇▇ Date, the dispute will be escalated to the third level of management for each of the respective Parties for resolution 7.6.3.3 If the dispute is not resolved within one hundred and twenty (120) days of the ▇▇▇▇ Date, the dispute will be escalated to the fourth level of management for each of the respective Parties for resolution. 7.6.3.4 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the ▇▇▇▇ of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second ▇▇▇▇ Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second ▇▇▇▇ payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.

  • Patent Disputes Notwithstanding anything in this Agreement to the contrary, any and all issues regarding the scope, construction, validity, and enforceability of any patent in a country within the Territory shall be determined in a court or other tribunal, as the case may be, of competent jurisdiction under the applicable patent laws of such country.