Common use of CLAIM NOTICE AND RESOLUTION PROCEDURE Clause in Contracts

CLAIM NOTICE AND RESOLUTION PROCEDURE. In the event Contractor has a claim or request for a time extension, additional compensation, any other adjustment of the Contract terms (including without limitation claims with respect to any Force Majeure Event), or any dispute arising out of the Work (hereinafter “Claim”), Contractor shall provide Company with Notice of such Claim within five (5) business days following the occurrence of the event giving rise to the Claim. Contractor’s failure to give Notice as required will constitute a waiver of all of Contractor’s rights with respect to the Claim. As soon as practicable after Claim notification, but in no event less than ten (10) days thereafter, Contractor shall submit the Claim to Company with all supporting information and documentation. Contractor shall also respond promptly to all Company inquiries about the Claim and its basis. If Contractor fails to provide such Company Claim details within such period, such failure will constitute a waiver of all of Contractor’s rights with respect to the Claim. Any Claim, which is not disposed of by mutual agreement between the Parties, shall be decided by Company which shall provide a written Notice to Contractor. Such decision shall be final unless Contractor, within thirty (30) calendar days after such receipt of Company’s decision, provides to Company a written protest, stating clearly and in detail the basis thereof. Contractor’s failure to protest Company’s decision within that time period shall constitute a waiver by Contractor of its right to dispute the decision. Even if a Claim arises, Contractor shall continue its performance of the Work.

Appears in 2 contracts

Sources: Operations and Maintenance Contract, Operations and Maintenance Contract