No Resolution. If the President of the CONSULTANT and the Director of Program Management Office reach no resolution, then within five (5) business days of the Initial Mandatory Meeting and Negotiations concluding, the Director of Program Management Office shall issue a written notice to the District’s EVC, copy to the CONSULTANT’s President, announcing the fact the no resolution was reached. Within five (5) business days of the receipt of the Director of Program Management Office notice of no resolution, either the President of the CONSULTANT, or the Director of the Program Management Office, depending on which Party submitted the Claim(s), must then file a Written Request for a Final Mandatory Meeting and Negotiations with either the District’s EVC at the address set forth above or the President of the CONSULTANT. If this occurs, the Parties shall proceed to a Final Mandatory Meeting and Negotiations. Should the Party filing the Claim fail to file a Written Request for a Final Mandatory Meeting and Negotiations, the Party waives and forfeits all aspects of the Claim.
No Resolution. If the dispute cannot be resolved by the parties’ respective Chief Executives within the time period specified in clause 9.1(c), either party may require the dispute to be referred to an Independent Expert. The Independent Expert’s decision will be final and binding on the parties, save for manifest error.
No Resolution. In the event that a resolution is not achieved at the second meeting PACT or Equity may refer to the matter to the dispute resolution process in Article 52:00.
No Resolution. If the dispute is not resolved within the specified time, either party may commence legal proceedings.
No Resolution. In the event a dispute or disagreement between the parties is not resolved pursuant to Section 7.9.1 or 7.9.2, and only after exhaustion of such procedures for resolution, either party may litigate the dispute or disagreement in a court of competent jurisdiction.
No Resolution. If there is a failure to resolve the adverse effect, or if FDOT is unable to execute the MOA, FDOT will request the ACHP comment in accordance with 36 C.F.R. § 800.7.
No Resolution. If no decision is reached within 30 days of the date of the meeting held pursuant to Section 8.3 hereof, the parties may pursue the remedies set forth in Section 9.8 herein, or exercise any other remedy permitted to them at law or in equity.
No Resolution. If a Dispute is not resolved within 40 business days after the date of a Dispute Notice, the Client may commence legal proceedings in respect to the Dispute in the Dispute Notice.
No Resolution. In the event that any such claim or controversy has not been resolved after good faith negotiation pursuant to Section 15.1, the parties agree to submit to non-binding mediation, each at its own expense, upon the request of the other party prior to the commencement of arbitration pursuant to Section 15.4.
No Resolution. If the Program Manager initiates the Strategic AMP Decision process under Section 7.14 and the Implementing Committee fails to reach a resolution on the Strategic AMP Decision and take action to commence discussion with the Service on or before December 31, 2019 on the Strategic AMP Decision, the Parties will undertake the Presumptive Phase II Conservation Measure as described in Subsection 5.5.2 of the HCP and ensure that it is fully implemented by December 31, 2020.
