Common use of Claims/Disputes Clause in Contracts

Claims/Disputes. CONSULTANT agrees to prosecute the work continuously and diligently and that compensation or extension of time resulting from delays, not the fault of CONSULTANT shall be settled by agreement with the of the head of the City agency or his/her designee. The City Engineer shall in all cases determine the amount or quantity and acceptability of the work and materials which are to be paid for under this Agreement, shall decide all questions in relation to said work and the performance thereof, and shall, in all cases, decide questions which may arise relative to the fulfillment of this Agreement or to the obligations of the CONSULTANT thereunder. To prevent disputes and litigation, where the CONSULTANT is not satisfied with the decision of the City Engineer, the CONSULTANT shall submit the claim to the head of the City agency or his/her designee, who will decide any dispute between the CONSULTANT and the CITY, and his/her determination, decision and/or estimate shall be a condition precedent to the right of the CONSULTANT to receive any monies under this Agreement, and is subject to review on the record by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Emergency Procurement Agreement, Emergency Procurement Agreement

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Claims/Disputes. CONSULTANT The Contractor agrees to prosecute the work continuously and diligently and that compensation or extension of time resulting from delays, not the fault of CONSULTANT the Contractor shall be settled by agreement with the of the head of the City agency Purchasing Agent or his/her designee. The City Engineer Purchasing Agent or his/her designee shall in all cases determine the amount or quantity and acceptability of the work and materials which are to be paid for under this the Agreement, shall decide all questions in relation to said work and the performance thereof, and shall, in all cases, decide questions which may arise relative to the fulfillment of this the Agreement or to the obligations of the CONSULTANT Contractor thereunder. To prevent disputes and litigation, where the CONSULTANT Contractor is not satisfied with the decision of the City EngineerPurchasing Agent or his/her designee, the CONSULTANT Contractor shall submit the claim to the head Board of the City agency or his/her designeeEstimates of Baltimore City, who which will decide any dispute between the CONSULTANT Contractor and the CITYCity, and his/her its determination, decision and/or estimate shall be a condition precedent to the right of the CONSULTANT Contractor to receive any monies under this the Agreement, and is subject to review on the record by a court of competent jurisdiction.

Appears in 2 contracts

Samples: law.baltimorecity.gov, law.baltimorecity.gov

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