Negotiation or determination Sample Clauses
Negotiation or determination. When the parties to the contract make negotiation or determination, the chief supervision engineer shall help them to reach a consensus via amicable consultation. If however no consensus is made, the chief supervision engineer shall make determination fairly and cautiously as per the contract. The chief supervision engineer shall notify the Employer and the Contractor, in writing, of the determination and provide detailed evidences. If the parties to the contract have no objection to the determination of the chief supervision engineer, the determination then shall be implemented. If however either party to the contract raises objections, relevant matters shall be handled in accordance with 20 (Dispute Resolution). Before the dispute is resolved, the parties to the contract shall temporarily follow the determination of the chief supervision engineer; if the result of the dispute resolution is inconsistent with the determination of the chief supervision engineer after dispute is resolved, the former shall prevail and any loss arising therefrom shall be borne by the responsible person.
Negotiation or determination. In the case of negotiation or determination by the parties to the Contract, the Chief Supervisory Engineer shall negotiate with the parties to the Contract. If no settlement is reached, the Chief Supervisory Engineer shall prudently make a fair determination as provided under the Contract. The Chief Supervisory Engineer shall notify the Project Owner and the Contractor of the determination in writing, with a detailed basis. If the parties to the Contract have no objection to the determination by the Chief Supervisory Engineer, such determination shall prevail. If any party to the Contract has an objection, the provisions of Article 20 (Dispute Resolution) shall apply. Before the dispute is resolved, the parties to the Contract shall temporarily perform according to the determination by the Chief Supervisory Engineer; after the dispute is resolved, if the result of the dispute resolution is inconsistent with the determination by the Chief Supervisory Engineer, the result of the dispute resolution shall prevail, and the loss caused thereby shall be borne by the responsible person.
Negotiation or determination. 3.5.1 Where the Chief Supervisory Engineer shall agree or determine any matter in accordance with this Article, the Chief Supervisory Engineer shall, in consultation with the parties to the Contract, reach an agreement as far as possible. If no agreement is reached, the Chief Supervisory Engineer shall prudently determine after careful study.
3.5.2 The Chief Supervisory Engineer shall notify the parties to the Contract of the agreed or determined matters, with a detailed basis. If the parties to the Contract have objections to the determination of the Chief Supervisory Engineer, constituting a dispute, the matter shall be handled in accordance with Article 24. Before the dispute is resolved, the parties shall temporarily perform according to the determination by the Chief Supervisory Engineer; if the determination of the Chief Supervisory Engineer shall be revised in accordance with Article 24, the revised results shall prevail.
Negotiation or determination. If the Project Owner fails to reach an agreement with the Contractor through negotiation, the Project Owner grants the Supervisor permission through Authorisations to confirm the following:
(1) See part II of Article 21 (Supplementary Terms);
(2) (3)/.