Owner Parties’ Determination Sample Clauses

Owner Parties’ Determination. Owner Parties shall be entitled to review Contractor’s Claims for differing Site conditions as set forth in Section 10.3.4 above, and for changes due to Unavoidable Delay as set forth in Section 7.2.4 of these General Conditions. If, after investigation, Owner Parties agree that a Change Order is appropriate under the circumstances, Contractor will be entitled to adjustment to the Contract Sum, Contract Time, or schedule of performance of the Work, as the case may be, and as agreed to by Owner and Contractor. If a request for Change Order includes requests from Subcontractors, Sub-subcontractors, Suppliers, or other Persons performing Work, Contractor shall analyze and evaluate the merits of such requests prior to including them in Contractor’s submission to Owner Parties. By submitting such requests, Contractor represents they are accurate and appropriate. In any event, if Owner Parties disagree that Contractor in entitled to a Change Order under the circumstances, Owner Parties shall notify Contractor in writing, stating the reasons for disagreement. If Contractor wishes to dispute Owner Parties’ determination, Contractor shall have a Claim. However, Owner shall in no event approve a Change Order because of missed Work scope or a lack of coordination in the execution or bidding of the Work. All Claims due to changes shall proceed in accordance with Article 12.
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Owner Parties’ Determination. Owner Parties shall be entitled to review Contractor’s Claims for differing Site conditions as set forth in Section 10.3.4 above, and for changes due to Unavoidable Delay as set forth in Section 7.2.4

Related to Owner Parties’ Determination

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Arbitrator’s Decision 27.3.3.1 The arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the arbitrator's findings of fact and conclusions of law.

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