Common use of Administrative remedies Clause in Contracts

Administrative remedies. The Grantee agrees that any dispute, controversy or claim arising out of or relating to unallowable expenditures under this Contract, whether during or after its term, shall be submitted to an administrative review before the Department’s Board. To initiate the process, the Department shall submit a written notice, in accordance with terms set forth herein, to the Department’s Executive Director or designee. Said notice shall specifically request a Board review and state the nature of the dispute, controversy or claim. A copy of the notice shall be provided to all members of the Department’s Board and the Grantee or designee otherwise entitled to notice under this Contract. A Board review under this provision shall be a condition precedent to the filing of a contested case proceeding under the Administrative Procedure Act, Texas Government Chapter 2001. In the event the parties are unable to resolve the matter through the Department’s administrative review process, either party may then elect to resolve the dispute or claim as a contested case. This use of the administrative review process and/or a proceeding under the Administrative Procedure Act shall not be construed to adversely affect any right a party may have to a judicial review. Neither the execution of this Contract by the Department nor any other conduct of any other representative of the Department relating to the Contract shall be considered a waiver of sovereign immunity to suit.

Appears in 1 contract

Samples: www2.tjjd.texas.gov

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Administrative remedies. The Grantee agrees that any dispute, controversy or claim arising out of or relating to unallowable expenditures under this Contract, whether during or after its term, shall be submitted to an administrative review before the DepartmentCommission’s Board. To initiate the process, the Department Grantor shall submit a written notice, in accordance with terms set forth herein, to the DepartmentCommission’s Executive Director or designee. Said notice shall specifically request a Board board review and state the nature of the dispute, controversy or claim. A copy of the notice shall be provided to all other members of the DepartmentCommission’s Board and the Grantee or designee otherwise entitled to notice under this Contract. A Board board review under this provision shall be a condition precedent to the filing of a contested case proceeding under the Administrative Procedure Act, Texas Government Chapter 2001. In the event the parties are unable to resolve the matter through the DepartmentCommission’s administrative review process, either party may then elect to resolve the dispute or claim as a contested case. This use of the administrative review process and/or a proceeding under the Administrative Procedure Act shall not be construed to adversely affect any right a party may have to a judicial review. Neither the execution of this Contract by the Department Grantor nor any other conduct of any other representative of the Department Commission relating to the Contract shall be considered a waiver of sovereign immunity to suit.

Appears in 1 contract

Samples: www2.tjjd.texas.gov

Administrative remedies. The Grantee agrees that any dispute, controversy or claim arising out of or relating to unallowable expenditures under this Contract, whether during or after its term, shall be submitted to an administrative review before the DepartmentCommission’s Board. To initiate the process, the Department Grantor shall submit a written notice, in accordance with terms set forth herein, to the DepartmentCommission’s Executive Director or designee. Said notice shall specifically request a Board board review and state the nature of the dispute, controversy or claim. A copy of the notice shall be provided to all other members of the DepartmentCommission’s Board and the Grantee or designee otherwise entitled to notice under this Contract. A Board board review under this provision shall be a condition precedent to the filing of a contested case proceeding under the Administrative Procedure Act, Texas Government Chapter 2001. In the event the parties are unable to resolve the matter through the DepartmentCommission’s administrative review process, either party may then elect to resolve the dispute or claim as a contested case. This use of the administrative review process and/or a proceeding under the Administrative Procedure Act shall not be construed to adversely affect any right a party may have to a judicial review. Neither the execution of this Contract by the Department Grantor nor any other conduct of any other representative of the Department Commission relating to the Contract shall be considered a waiver of sovereign immunity to suit.. STATE FINANCIAL ASSISTANCE CONTRACT 2008-2009 Biennium

Appears in 1 contract

Samples: State Financial Assistance Contract

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Administrative remedies. The Grantee agrees that any dispute, controversy or claim arising out of or relating to unallowable expenditures under this Contract, whether during or after its term, shall be submitted to an administrative review before the DepartmentCommission’s Board. To initiate the process, the Department Grantor shall submit a written notice, in accordance with terms set forth herein, to the DepartmentCommission’s Executive Director or designee. Said notice shall specifically request a Board board review and state the nature of the dispute, controversy or claim. A copy of the notice shall be provided to all other members of the DepartmentCommission’s Board and the Grantee or designee otherwise entitled to notice under this Contract. A Board The conduct of a board review under this provision shall be a condition precedent to the filing of a contested case proceeding under the Administrative Procedure Act, Texas Government Chapter 2001. In the event the parties are unable to resolve the matter through the DepartmentCommission’s administrative review process, either party may then elect to resolve the dispute or claim as a contested case. This use of the administrative review process and/or a proceeding under the Administrative Procedure Act shall not be construed to adversely affect any right a party may have to a judicial review. Neither the execution of this Contract by the Department Grantor nor any other conduct of any other representative of the Department Commission relating to the Contract shall be considered a waiver of sovereign immunity to suit.

Appears in 1 contract

Samples: State Financial Assistance Contract

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