Common use of Dispute Resolution Process Clause in Contracts

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. A Grantee grievance exists whenever there Escrow Agent shall first notify Quarterdeck and Symantec in writing of contrary instructions from Symantec and Quarterdeck for release of the Deposit (the "Dispute Notice"). Within five business days after the Dispute Notice is sent by Escrow Agent, Symantec and Quarterdeck shall each appoint a dispute arising referee, and the referees so appointed shall jointly appoint a third referee (the "Neutral Referee"). Quarterdeck and Symantec shall each notify the other parties of its referee's identity within such five-day period. Within ten business days after the Dispute Notice, Symantec and Quarterdeck shall use their respective best efforts to cause the referees to meet at a mutually acceptable location and to hear testimony and other evidence that Quarterdeck and Symantec may wish to present with respect to the dispute. The meetings shall proceed with all referees present, and shall be conducted from CDPH’s action in 9:30 a.m. to 5:00 p.m. on no more than three consecutive business days . Symantec shall present up to one day of evidence followed by up to one day of presentation from Quarterdeck, followed by a final day reserved for rebuttal by each party, concluding with Quarterdeck's rebuttal. Quarterdeck, Symantec and Escrow Agent agree that the administration evidence presented at the hearings which is designated as confidential shall not be disclosed to other third parties except as required by law. Within two business days after the close of an agreement. If there is a dispute or grievance between the Grantee and CDPHpresentations, the Grantee must seek resolution using referees shall resolve the procedure outlined below. 1) The Grantee should first informally discuss dispute by majority vote. Any refusal to vote by one of the problem with the CDPH Program Grant Managerreferees appointed by a party shall be deemed an abstention by that referee. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position there is no majority vote and the remedy sought. The Branch Chief Neutral Referee refuses to vote, then the referees appointed by the parties shall render appoint a decision within ten (10) working days after receipt of replacement Neutral Referee as soon as possible, and the written grievance from the Grantee. The Branch Chief shall respond process described in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal this paragraph shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decisionrepeated. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee This dispute resolution process shall be directed the exclusive means for resolving disputes to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal which it applies, and the decision of the Deputy Director referees shall be final, conclusive and enforceable by a court of competent jurisdiction. All costs of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, referees shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing borne by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given levelunsuccessful party.

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in 5.1 If any member of the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPHExpungement Settlement Class, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem Source Settlement Class, or Chart Settlement Class has a claim or dispute regarding Defendant’s compliance with the CDPH Program Grant Manager. If the problem canthis Settlement Agreement, including but not be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, limited to the program Branch Chiefinjunctive relief applicable to that Class Member, then such Class Member first must submit, pro se or through counsel, his or her dispute directly to the Defendant before taking any other action. The grievance shall state the issues in Upon receipt of such a dispute, the legal authority Defendant will investigate the dispute and respond to the Class Member within thirty (30) days. The Defendant’s response must state the results of the Defendant’s investigation of the allegation of non-compliance with the Settlement Agreement and any action taken or other basis to be taken to address the Class Member’s dispute; or, if additional information is required for the Grantee's position Defendant to complete its investigation, the Defendant’s response must identify the specific additional information that is required. Upon the Class Member’s submission of all of the additional information required (as set forth in the Defendant’s response), the Defendant will have thirty (30) days to complete its investigation of the Class Member’s dispute regarding the allegation of non-compliance with the Settlement Agreement and to provide a response containing the results of its investigation and any action taken or to be taken to address the dispute. 5.2 If, after the dispute resolution process described above has been completed, the Class Member wants to seek additional remedies, then he or she may submit his or her dispute regarding the allegation of non-compliance with the Settlement Agreement to the Court (pursuant to the Court’s retention of exclusive jurisdiction under Section 12.4 of the Settlement Agreement) under the caption for this Litigation. The Class Member’s submission to the Court must include copies of all correspondence between the Class Member and the remedy soughtDefendant regarding the dispute prior to the submission. The Branch Chief Court shall render have exclusive and sole jurisdiction to resolve the dispute. 5.3 Any action by Defendant determined in good faith to be reasonably necessary to comply with any federal, state, or local law, enactment, regulation, or judicial ruling shall not constitute a decision breach of the Settlement Agreement or this Order. In the event that any obligation that Defendant has agreed to undertake in the Expungement Settlement Class Injunctive Relief, Source Settlement Class Injunctive Relief, or Chart Settlement Class Injunctive Relief becomes inconsistent with any future federal, state, or local law, enactment, regulation, or judicial ruling or if the Expungement Settlement Class, Source Settlement Class, or Chart Settlement Class (or any subset thereof) agrees to impose less stringent requirements on any competitor of Defendant, then Defendant shall be released from performing such obligation after notice to the Court and Class Counsel. Any objection to such change in procedure shall be made to the Court by Class Counsel within ten (10) working days after receipt of such notice. Notwithstanding the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decisionabove, the Grantee may appeal to Parties agree that the second level. Expungement Settlement Class Injunctive Relief and Source Settlement Class Injunctive Relief provided for herein shall continue for a period of two (2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appealyears. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. A Grantee Contractor grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee Contractor and CDPH, the Grantee Contractor must seek resolution using the procedure outlined below. 1) A. The Grantee Contractor should first informally discuss the problem with the CDPH Program Grant Contract Manager. If the problem cannot be resolved informally, the Grantee Contractor shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the GranteeContractor's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the GranteeContractor. The Branch Chief shall respond in writing to the Grantee Contractor indicating the decision and reasons therefore. If the Grantee Contractor disagrees with the Branch Chief’s decision, the Grantee Contractor may appeal to the second level. 2) B. When appealing to the second level, level the Grantee Contractor must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ the Branch Chief’s decision. The Grantee Contractor shall include with the appeal a copy of the GranteeContractor's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee Contractor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee Contractor within twenty (20) working days of receipt of the GranteeContractor's second level appeal. B. If the Grantee wishes to appeal the . The decision of rendered by the Deputy Director of the division in which the branch is organized or his/her designee, designee shall be the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) final administrative determination of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations)Department. C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ CDPH Program Contract Manager. E. D. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee Contractor shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ CDPH Program Contract Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level. 1. Overview

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or Exhibit D Additional Provisions his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. a. A Grantee Contractor grievance exists whenever the Contract believes there is a dispute arising from CDPH’s DHS' action in the administration of an agreement. If the Contractor believes there is a dispute or grievance between the Grantee Contractor and CDPHDHS, the Grantee must seek resolution using both parties shall follow the procedure outlined below. (1) The Grantee Contractor should first informally discuss the problem informally with the CDPH Program Grant ManagerDHS program contract manager. If the problem cannot be resolved informallyat this stage, the Grantee Contractor shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the GranteeContractor's position and the remedy sought. The Branch Chief shall render make a decision determination on the problem within ten (10) working days after receipt of the written grievance communication from the GranteeContractor. The Branch Chief shall respond in writing to the Grantee Contractor indicating the decision and reasons therefore. If Should the Grantee disagrees Contractor disagree with the Branch Chief’s Chiefs decision, the Grantee Contractor may appeal to the second level. (2) When appealing to the second level, the Grantee The Contractor must prepare an appeal a letter indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s Branch Chiefs decision. The Grantee Contractor shall include with the appeal letter a copy of the GranteeContractor's original statement of dispute along with any supporting evidence documents and a copy of the Branch Chief’s decisionChiefs response. The appeal This letter shall be addressed sent to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s Chiefs decision. The Deputy Director of the division in which the branch is organized funding this agreement or his/her designee shall meet with the Grantee Contractor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized funding this agreement or his/her hislher designee shall be directed returned to the Grantee Contractor within twenty (20) working days of receipt of the GranteeContractor's second level appealletter. B. b. If the Grantee Contractor wishes to appeal the decision of the Deputy Director of the division in which the branch is organized funding this . agreement or his/her designee, the Grantee Contractor shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations).Division C. c. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreementagreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. d. Unless otherwise stipulated in writing by CDPHDHS, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.be

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) County of San Bernardino Federal ID Number ▇▇-▇▇▇▇▇▇▇ Printed Name and Title of Person Signing , Chairman, Board of Supervisors Date Executed Executed in the County of San Bernardino CONTRACTOR CERTIFICATION CLAUSES‌

Dispute Resolution Process. A. A Grantee grievance exists whenever there is This paragraph provides the exclusive means of redress for any disputes arising under this Agreement or any transaction covered by this Agreement. BUYERs with a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem canclaim that PRODUCT purchased does not be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, conform to the program Branch Chief. The grievance shall state the issues Notification of Sale, or was materially misrepresented (in disputeterms of quality, the legal authority quantity, or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision both) must contact their GMP Sales representative within ten (10) working business days after receipt of the written grievance from payment date to attempt to resolve the Granteedispute. The Branch Chief shall GMP will respond in writing to the Grantee indicating the decision and reasons thereforedispute within five (5) business days thereafter. If BUYER is dissatisfied with how GMP proposes to resolve the Grantee disagrees with the Branch Chief’s decisiondispute, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee BUYER must prepare an appeal indicating the reasons for disagreement with complete a Dispute Investigation Form (available on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) and submit it by e-mail to GMP Customer Support at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working business days from receipt of the Branch ChiefGMP’s decisionresponse. The Deputy Director Customer Support shall provide a case number and confirmation of dispute to BUYER within one (1) business day provided that BUYER’s claim contains a sufficiently detailed description of BUYER’s dispute (which should include manifests, photos and other documentation). Failure to do submit a sufficiently detailed description of the division dispute may result in which a denied claim. GMP shall determine in its sole discretion whether a claim is sufficiently detailed. Because PRODUCT is sold “AS-IS, WHERE IS” as set forth in paragraph 3, GMP is under no obligation to take any action on a complaint. If GMP cannot resolve the branch is organized or his/her designee shall meet dispute with the Grantee to review the issues raised. A written decision signed by the Deputy Director BUYER within 15 business days of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If Dispute Investigation Form then the Grantee wishes BUYER may elect to appeal resolve the decision dispute through binding arbitration by filing a complaint with the American Arbitration Association (“AAA”) as set forth in paragraph 17 below within thirty (30) days after the dispute resolution procedure has been exhausted. BUYER ACKNOWLEDGES AND HEREBY WAIVES any right to bring a dispute under this Agreement in a court of competent jurisdiction. GMP shall not be liable to BUYER for any damages if BUYER has not exhausted the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the dispute resolution procedures set forth in Division 25.1 (commencing with Section 38050) this paragraph. Each party shall submit to the jurisdiction of the Health AAA and Safety Code and shall bear its own cost of arbitration in the regulations adopted thereunderevent of any dispute arising under paragraph 19 of this Agreement. (Title 1The parties agree to arbitrate in Pittsburgh, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled Pennsylvania in accordance with the procedures identified and rules of the AAA. Any award rendered in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence the arbitration proceedings shall be directed to binding and final upon the ▇▇▇▇ ▇▇▇▇▇ Managerparties and may be entered as a judgment in any court of competent jurisdiction. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. A Grantee grievance exists whenever there is a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem cannot be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the Grantee. The Branch Chief shall respond in writing to the Grantee indicating the decision and reasons therefore. If the Grantee disagrees with the Branch Chief’s decision, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is organized or his/her designee shall meet with the Grantee to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or Exhibit E Additional Provisions the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ Manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level. certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)

Dispute Resolution Process. A. a. A Grantee Contractor/County grievance exists whenever there is a dispute arising from CDPH’s DHCS’ action in the administration of an agreementAgreement. If there is a dispute or grievance between the Grantee County and CDPHDHCS, the Grantee County must seek resolution using the procedure outlined below. 1) The Grantee County should first informally discuss the problem with the CDPH DHCS Program Grant Contract Manager. If the problem cannot be resolved informally, the Grantee County shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the Grantee's County’s position and the remedy sought. The Branch Chief shall render a decision within ten (10) working days after receipt of the written grievance from the GranteeCounty. The Branch Chief shall respond in writing to the Grantee County indicating the decision and reasons therefore. If the Grantee County disagrees with the Branch Chief’s decision, the Grantee County may submit an appeal to the second level. 2) When appealing to the second level, the Grantee County must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Branch Chief’s decision. The Grantee County shall include with the appeal a copy of the Grantee's County’s original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s decision. The Deputy Director of the division in which the branch is in organized or his/her designee shall meet with the Grantee County to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee County within twenty (20) working days of receipt of the Grantee's County’s second level appeal. B. b. If the Grantee County wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee County shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations)100171. C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. c. Unless otherwise stipulated in writing by CDPHDHCS, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ DHCS Program Contract Manager. E. d. There are organizational differences within CDPH’s DHCS’ funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee County shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ DHCS Program Contract Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given leveldecision.

Dispute Resolution Process. A. A Grantee grievance exists whenever there is If a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance arises between the Grantee DHCS and the CDPH, the Grantee DHCS must seek resolution using the procedure process outlined below. 1) The Grantee DHCS should first informally discuss the problem with the CDPH Program Grant Managerprogram contract manager. If the problem cannot be resolved informally, the Grantee shall DHCS must direct its grievance the grievance, together with any evidence, in writing, writing to the program Branch ChiefOHE Deputy Director. The grievance shall must state the issues in dispute, the legal authority or other basis for the Grantee's position DHCS position, and the remedy sought. The Branch Chief shall OHE Deputy Director must render a decision within ten (10) working days after receipt of the written grievance from the GranteeDHCS. The Branch Chief OHE Deputy Director shall respond respond, in writing writing, to the Grantee DHCS indicating the decision and reasons thereforetherefor. If Should the Grantee disagrees DHCS designee disagree with the Branch ChiefOHE Deputy Director’s decision, the Grantee DHCS may appeal to the second level. 2) When appealing to the second level, the Grantee DHCS must prepare an appeal indicating the reasons for disagreement with ▇▇▇▇▇▇ Chiefthe OHE Deputy Director’s decision. The Grantee DHCS shall include with the appeal appeal, a copy of the Grantee's DHCS original statement of dispute along with any supporting evidence evidence, and a copy of the Branch ChiefOHE Deputy Director’s decision. The appeal shall be addressed to the Deputy CDPH Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch ChiefOHE Deputy Director’s decision. The Deputy CDPH Director of the division in which the branch is organized or his/her designee shall meet with the Grantee DHCS to review the issues raised. A written decision signed by the Deputy CDPH Director of the division in which the branch is organized or his/her designee shall be directed to the Grantee DHCS within twenty (20) working days of receipt of the Grantee's DHCS second level appeal. The decision rendered by the CDPH Director shall be the final administrative determination of the Department. B. If the Grantee wishes to appeal the decision of the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the procedures set forth in Division 25.1 (commencing with Section 380503) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by the CDPH, all dispute, grievance grievance, and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ ManagerCDPH program contract manager. E. 4) There are organizational differences within CDPH’s the CDPH funding programs and the management levels identified in this dispute resolution provision which may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee DHCS shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager CDPH program contract manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level. 1. This is a no cost agreement

Dispute Resolution Process. A. a. A Grantee Contractor grievance exists whenever the Contract believes there is a dispute arising from CDPH’s DHS' action in the administration of an agreement. If the Contractor believes there is a dispute or grievance between the Grantee Contractor and CDPHDHS, the Grantee must seek resolution using both parties shall follow the procedure outlined below. (1) The Grantee Contractor should first informally discuss the problem informally with the CDPH Program Grant ManagerDHS program contract manager. If the problem cannot be resolved informallyat this stage, the Grantee Contractor shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the GranteeContractor's position and the remedy sought. The Branch Chief shall render make a decision determination on the problem within ten (10) working days after receipt of the written grievance communication from the GranteeContractor. The Branch Chief shall respond in writing to the Grantee Contractor indicating the decision and reasons therefore. If Should the Grantee disagrees Contractor disagree with the Branch Chief’s Chiefs decision, the Grantee Contractor may appeal to the second level. (2) When appealing to the second level, the Grantee The Contractor must prepare an appeal a letter indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s Branch Chiefs decision. The Grantee Contractor shall include with the appeal letter a copy of the GranteeContractor's original statement of dispute along with any supporting evidence documents and a copy of the Branch Chief’s decisionChiefs response. The appeal This letter shall be addressed sent to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s Chiefs decision. The Deputy Director of the division in which the branch is organized funding this agreement or his/her designee shall meet with the Grantee Contractor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized funding this agreement or his/her designee shall be directed returned to the Grantee Contractor within twenty (20) working days of receipt of the GranteeContractor's second level appealletter. B. b. If the Grantee Contractor wishes to appeal the decision of the Deputy Director of the division in which the branch is organized funding this agreement or his/her designee, the Grantee Contractor shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2Subchapter 2.5, Chapter 2, Article 3 (commencing with Section 1140) of the 251, California Code of Regulations.). C. c. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreementagreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. d. Unless otherwise stipulated in writing by CDPHDHS, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ ManagerDHS program contract manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. a. A Grantee Contractor grievance exists whenever the Contract believes there is a dispute arising from CDPH’s DHS' action in the administration of an agreement. If the Contractor believes there is a dispute or grievance between the Grantee Contractor and CDPHDHS, the Grantee must seek resolution using both parties shall follow the procedure outlined below. (1) The Grantee Contractor should first informally discuss the problem informally with the CDPH Program Grant ManagerDHS program contract manager. If the problem cannot be resolved informallyat this stage, the Grantee Contractor shall direct its grievance together with any evidence, in writing, to the program Branch Chief. The grievance shall state the issues in dispute, the legal authority or other basis for the GranteeContractor's position and the remedy sought. The Branch Chief shall render make a decision determination on the problem within ten (10) working days after receipt of the written grievance communication from the GranteeContractor. The Branch Chief shall respond in writing to the Grantee Contractor indicating the decision and reasons therefore. If Should the Grantee disagrees Contractor disagree with the Branch Chief’s Chiefs decision, the Grantee Contractor may appeal to the second level. (2) When appealing to the second level, the Grantee The Contractor must prepare an appeal a letter indicating the reasons for disagreement with ▇▇▇▇▇▇ Chief’s Branch Chiefs decision. The Grantee Contractor shall include with the appeal letter a copy of the GranteeContractor's original statement of dispute along with any supporting evidence documents and a copy of the Branch Chief’s decisionChiefs response. The appeal This letter shall be addressed sent to the Deputy Director of the division in which the branch is organized within ten (10) working days from receipt of the Branch Chief’s Chiefs decision. The Deputy Director of the division in which the branch is organized funding this agreement or his/her designee shall meet with the Grantee Contractor to review the issues raised. A written decision signed by the Deputy Director of the division in which the branch is organized funding this agreement or his/her designee shall be directed returned to the Grantee Contractor within twenty (20) working days of receipt of the GranteeContractor's second level appealletter. B. b. If the Grantee Contractor wishes to appeal the decision of the Deputy Director of the division in which the branch is organized funding this agreement or his/her designee, the Grantee Contractor shall follow the procedures set forth in Division 25.1 (commencing with Section 38050) of the Health and Safety Code and the regulations adopted thereunder. (Title 1, Division 2Subchapter 2.5, Chapter 2, Article 3 (commencing with Section 1140) of the 251, California Code of Regulations.). C. c. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreementagreement, shall be handled in accordance with the procedures identified in Sections 51016 through 51047, Title 22, California Code of Regulations. D. d. Unless otherwise stipulated in writing by CDPHDHS, all dispute, grievance and/or appeal correspondence shall be directed to the ▇▇▇▇ ▇▇▇▇▇ ManagerDHS program contract manager. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.

Dispute Resolution Process. A. A Grantee grievance exists whenever there is This paragraph provides the exclusive means of redress for any disputes arising under this Agreement or any transaction covered by this Agreement. BUYERs with a dispute arising from CDPH’s action in the administration of an agreement. If there is a dispute or grievance between the Grantee and CDPH, the Grantee must seek resolution using the procedure outlined below. 1) The Grantee should first informally discuss the problem with the CDPH Program Grant Manager. If the problem canclaim that PRODUCT purchased does not be resolved informally, the Grantee shall direct its grievance together with any evidence, in writing, conform to the program Branch Chief. The grievance shall state the issues Notification of Sale, or was materially misrepresented (in disputeterms of quality, the legal authority quantity, or other basis for the Grantee's position and the remedy sought. The Branch Chief shall render a decision both) must contact their GMP Sales representative within ten (10) working business days after receipt of the written grievance from payment date to attempt to resolve the Granteedispute. The Branch Chief shall GMP will respond in writing to the Grantee indicating the decision and reasons thereforedispute within five (5) business days thereafter. If BUYER is dissatisfied with how GMP proposes to resolve the Grantee disagrees with the Branch Chief’s decisiondispute, the Grantee may appeal to the second level. 2) When appealing to the second level, the Grantee BUYER must prepare an appeal indicating the reasons for disagreement with complete a Dispute Investigation Form (available on G ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇) and submit it by e-mail to GMP Customer Support at s ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Chief’s decision. The Grantee shall include with the appeal a copy of the Grantee's original statement of dispute along with any supporting evidence and a copy of the Branch Chief’s decision. The appeal shall be addressed to the Deputy Director of the division in which the branch is organized within ten (10) working business days from receipt of the Branch ChiefGMP’s decisionresponse. The Deputy Director Customer Support shall provide a case number and confirmation of dispute to BUYER within one (1) business day provided that BUYER’s claim contains a sufficiently detailed description of BUYER’s dispute (which should include manifests, photos and other documentation). Failure to do submit a sufficiently detailed description of the division dispute may result in which a denied claim. GMP shall determine in its sole discretion whether a claim is sufficiently detailed. Because PRODUCT is sold “AS-IS, WHERE IS” as set forth in paragraph 3, GMP is under no obligation to take any action on a complaint. If GMP cannot resolve the branch is organized or his/her designee shall meet dispute with the Grantee to review the issues raised. A written decision signed by the Deputy Director BUYER within 15 business days of the division in which the branch is organized or his/her designee shall be directed to the Grantee within twenty (20) working days of receipt of the Grantee's second level appeal. B. If Dispute Investigation Form then the Grantee wishes BUYER may elect to appeal resolve the decision dispute through binding arbitration by filing a complaint with the American Arbitration Association (“AAA”) as set forth in paragraph 17 below within thirty (30) days after the dispute resolution procedure has been exhausted. BUYER ACKNOWLEDGES AND HEREBY WAIVES any right to bring a dispute under this Agreement in a court of competent jurisdiction. GMP shall not be liable to BUYER for any damages if BUYER has not exhausted the Deputy Director of the division in which the branch is organized or his/her designee, the Grantee shall follow the dispute resolution procedures set forth in Division 25.1 (commencing with Section 38050) this paragraph. Each party shall submit to the jurisdiction of the Health AAA and Safety Code and shall bear its own cost of arbitration in the regulations adopted thereunderevent of any dispute arising under paragraph 19 of this Agreement. (Title 1The parties agree to arbitrate in Pittsburgh, Division 2, Chapter 2, Article 3 (commencing with Section 1140) of the California Code of Regulations). C. Disputes arising out of an audit, examination of an agreement or other action not covered by subdivision (a) of Section 20204, of Chapter 2.1, Title 22, of the California Code of Regulations, and for which no procedures for appeal are provided in statute, regulation or the Agreement, shall be handled Pennsylvania in accordance with the procedures identified and rules of the AAA. Any award rendered in Sections 51016 through 51047, Title 22, California Code of Regulations. D. Unless otherwise stipulated in writing by CDPH, all dispute, grievance and/or appeal correspondence the arbitration proceedings shall be directed to binding and final upon the ▇▇▇▇ ▇▇▇▇▇ Managerparties and may be entered as a judgment in any court of competent jurisdiction. E. There are organizational differences within CDPH’s funding programs and the management levels identified in this dispute resolution provision may not apply in every contractual situation. When a grievance is received and organizational differences exist, the Grantee shall be notified in writing by the ▇▇▇▇ ▇▇▇▇▇ Manager of the level, name, and/or title of the appropriate management official that is responsible for issuing a decision at a given level.