Dispute Resolution for Design Deficiencies Sample Clauses

Dispute Resolution for Design Deficiencies. If the Parties are unable to agree on the nature or scope of the Corrective Work necessary to resolve the Design Deficiencies as recommended by MECS or whether the Corrective Work has been completed, then within ten (10) Business Days Seller and Xxxxx Tulsa shall agree upon a professional engineering firm (the “Design Consultant” and together with the Economic Consultant, the “Consultants” or individually, a “Consultant”) to determine the nature and scope of the Corrective Work or whether the Corrective Work has been completed, as applicable. The Design Consultant shall have expertise in FCC Unit and Wet Gas Scrubber design, engineering and operations. The Design Consultant shall not have any existing relationship with either Seller or Buyers (unless such relationship is fully disclosed to the other Parties and is approved by such other Parties in their sole discretion). In the event that the Parties are unable to agree upon the Design Consultant within such ten (10) Business Day period, then within twenty (20) Business Days following the end of such period, each of Xxxxx Tulsa and Seller shall propose an engineering firm which such proposing Party in good faith believes has such qualifications, and such two named firms shall name a third engineering firm that has such expertise, and such named firm shall be the Design Consultant. The Design Consultant’s decision as to the Corrective Work shall be final and binding on the Parties and is not appealable. The fees and expenses of the Design Consultant shall be the shared equally by the Parties.
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Related to Dispute Resolution for Design Deficiencies

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  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

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  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager.

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