Disputed Certificate Sample Clauses
The Disputed Certificate clause establishes a process for addressing disagreements over the validity or accuracy of a certificate issued under the contract. Typically, this clause outlines the steps parties must take if one party challenges the contents or findings of a certificate, such as providing written notice of the dispute and engaging in a resolution process, which may involve negotiation or referral to an independent expert. Its core function is to ensure that disputes over certificates are managed in an orderly and fair manner, thereby minimizing disruption and providing a clear path to resolution.
Disputed Certificate. 13.4.1 If there is any Dispute as to the decision of the Independent Certifier to issue or not to issue a Substantial Completion Certificate or Final Completion Certificate in accordance with the terms of Section 13.1 [Substantial Completion Certificates] or Section 13.2 [Final Completion Certificates], respectively, then either the Province's Representative or the Concessionaire may refer such Dispute for resolution under the Disputes Resolution Procedure.
13.4.2 Notwithstanding any other provision in this Agreement or Schedule 16 [Disputes Resolution Procedure], if the Independent Certifier has issued a Substantial Completion Certificate or Final Completion Certificate and the Province's Representative has referred a Dispute in respect thereof for resolution under the Disputes Resolution Procedure pursuant to Section 13.4.1, then for all purposes of this Agreement the Substantial Completion Certificate or Final Completion Certificate, as the case may be, will be deemed not to have been issued unless it is determined in accordance with the Disputes Resolution Procedure that it was properly issued by the Independent Certifier in accordance with the terms of Section 13.1 [Substantial Completion Certificates] or Section 13.2 [Final Completion Certificates], as applicable.
Disputed Certificate. 13.4.1 If there is any Dispute as to the decision of the Independent Certifier to issue or not to issue a Substantial Completion Certificate or Completion Certificate in accordance with the terms of Section 13.1 [Substantial Completion Certificate] or Section 13.2 [Completion Certificate], respectively, then either the Province’s Representative or the Concessionaire may refer such Dispute for resolution under the Disputes Resolution Procedure.
13.4.2 Notwithstanding any other provision in this Agreement or Schedule 16 [Disputes Resolution Procedure], if the Independent Certifier has issued the Substantial Completion Certificate or Completion Certificate and the Province's Representative has referred a Dispute in respect thereof for resolution under the Disputes Resolution Procedure pursuant to Section 13.4.1, then for all purposes of this Agreement the Substantial Completion Certificate or Completion Certificate, as the case may be, will be deemed to have been issued unless it is determined in accordance with the Disputes Resolution Procedure that it was not properly issued by the Independent Certifier in accordance with the terms of Section 13.1 [Substantial Completion Certificate] or Section 13.2 [Completion Certificate], as applicable.
13.4.3 If the Substantial Completion Certificate is determined in accordance with the Disputes Resolution Procedure not to have been properly issued on the grounds that the Concession Highway was not safe for public use or the cost of completing the required rectification actions is more than ten per cent of the costs incurred by the Concessionaire under the Design-Build Contract up to the date of such determination pursuant to the Disputes Resolution Procedure, the Province may withhold the Performance Payments until such time as the required rectification actions have been fully completed and will thereafter forthwith forward the withheld Performance Payments to the Concessionaire.
Disputed Certificate. A Certificate of Construction Completion issued by the City will be final, provided, however, that Design- Builder shall be entitled to refer to the Dispute Resolution Procedure a refusal of the City to issue a Certificate of Construction Completion.
Disputed Certificate. A Certificate of Service Readiness issued by the City will be final, provided, however, Design-Builder shall be entitled to refer to the Dispute Resolution Procedure a refusal of the City to issue a Certificate of Service Readiness.