Common use of Administrative Process Clause in Contracts

Administrative Process. The Parties shall endeavor to resolve any dispute that may arise between them through good faith negotiations. If the dispute is not resolved to the mutual satisfaction of all Parties within 30 Days after written notification of a problem or claim, or such longer time as is mutually agreed, the dispute shall next be referred to the Steering Committee, as described below. The stated intent of the Steering Committee dispute process is, to the extent possible, resolve all disputes within the context of the Steering Committee, and without reference to litigation. .1 The Party initiating the dispute shall submit to the Authorized Representative a written claim along with, if applicable, documents reflecting actual costs for material, labor and equipment, which shall set forth all facts, including all pertinent data and correspondence that may substantiate the claim. The Steering Committee shall meet within 30 Days after submission of the claim to review documentation and meet with any individuals who, in the opinion of the Steering Committee, have knowledge of or information regarding the dispute. .2 If the dispute cannot be resolved by the Steering Committee at its meeting described in Section 9.1.1 above, the Party that initiated the dispute shall notify the Commissioner in writing, within 30 Days from date of the meeting of the Steering Committee, that it desires to appear before him or her, whether in person or through counsel, and present additional facts and arguments regarding the dispute. The Commissioner shall schedule and meet with VDOT and ERC within 30 Days after receiving the request, provided that such meeting may occur after 30 Days but not later than 60 Days after receiving the request by mutual agreement between VDOT, ERC, and the Commissioner. Within 45 Days from the date of the meeting, the Commissioner, or his or designee, shall investigate the claim, including the additional facts presented, and notify VDOT and ERC in writing of the Commissioner’s decision, provided that such 45 Days may be extended for up to another 30 Days by mutual agreement between VDOT, ERC, and the Commissioner. If the Commissioner deems that all or any portion of a claim is valid, the Commissioner shall have the authority to negotiate a settlement with ERC subject to the provision of Virginia Code §2.2-514. .3 If ERC is dissatisfied with the decision of the Commissioner, it may institute a civil action as to such portion of the claim as is denied by the Commissioner in accordance with Virginia Code §33.1-387.

Administrative Process. The Parties shall endeavor to resolve any dispute that may arise between them through good faith negotiations. If the dispute is not resolved to the mutual satisfaction of all Parties within 30 Days after written notification of a problem or claim, or such longer time as is mutually agreed, the then such dispute shall next first be referred to the Steering Committee, submitted administratively as described set forth below. The stated intent of the Steering Committee dispute process is, to the extent possible, resolve all disputes within the context of the Steering Committee, and without reference to litigation. .1 The Party initiating the dispute Private Entity shall submit to the an Authorized VDOT Representative a written claim along with, if applicable, documents reflecting for actual costs for material, labor and equipment, an original and three legible copies, which shall set forth all facts, including all pertinent data and correspondence that may substantiate the claim. The Steering Committee shall meet within 30 Within 90 Days after submission from the receipt of the claim claim, VDOT shall make an investigation and notify the Private Entity by registered mail of its decision. However, by mutual agreement, the Parties to review documentation and meet with any individuals who, in the opinion of the Steering Committee, have knowledge of or information regarding the disputedispute may extend such 90 Day period for another 30 Days. .2 If the dispute cannot be resolved by Private Entity is dissatisfied with the Steering Committee at its meeting described in Section 9.1.1 abovedecision, the Party that initiated the dispute it shall notify the Commissioner in writing, within 30 Days from date the receipt of the meeting of the Steering CommitteeVDOT’s decision, that it desires to appear before him or herhim, whether in person or through counsel, and present additional facts and arguments regarding the disputein support of this claim. The Commissioner Commissioner, or his designee, shall schedule and meet with VDOT and ERC the Private Entity within 30 Days after receiving the request, provided that such meeting may occur after 30 Days but not later than 60 Days after receiving the request by mutual agreement between VDOT, ERC, such Private Entity and the Commissioner. Within 45 Days from the date of the meeting, the Commissioner, or his or designee, shall investigate the claim, including the additional facts presented, and notify VDOT and ERC the Private Entity in writing of the Commissioner’s his decision, provided that such 45 Days may be extended for up to another 30 Days by mutual agreement between VDOT, ERC, such Private Entity and the Commissioner. If the Commissioner deems that all or any portion of a claim is valid, the Commissioner he shall have the authority to negotiate a settlement with ERC the Private Entity subject to the provision of Virginia Code §2.2-514. .3 If ERC the Private Entity is dissatisfied with the decision of the Commissioner, it may institute a civil action as to such portion of the claim as is denied by the Commissioner in accordance with Virginia Code §33.1-387.