RESOLVING OBJECTIONS Sample Clauses
The Resolving Objections clause outlines the process for addressing and settling disputes or disagreements that arise between parties regarding the interpretation or execution of the contract. Typically, this clause specifies the steps each party must take to formally raise an objection, such as providing written notice, and may set out timelines for response or escalation procedures, like negotiation or mediation. Its core practical function is to provide a clear, structured method for resolving conflicts efficiently, thereby minimizing disruption and reducing the risk of prolonged disputes.
RESOLVING OBJECTIONS. A. Should any signatory object in writing to Caltrans, or FHWA when it is the agency official, regarding the manner in which the terms of this Agreement are carried out, Caltrans or FHWA will immediately notify the other signatories and invited signatories of the objection and proceed to consult with the objecting party to resolve the objection. Caltrans or FHWA will honor the request of any other signatory or invited signatory to participate in the consultation and will take any comments provided by such parties into account. Caltrans or FHWA as appropriate shall establish a reasonable time frame for such consultation.
B. If the objection is resolved through consultation, Caltrans or FHWA may authorize the disputed action to proceed in accordance with the terms of such resolution.
C. If after initiating such consultation, Caltrans or FHWA determines that the objection cannot be resolved through consultation, Caltrans, or FHWA shall forward all documentation relevant to the objection to the ACHP, including Caltrans’ or FHWA’s proposed response to the objection. Within 30-calendar days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options:
1. Advise Caltrans or FHWA that the ACHP concurs in Caltrans’ or FHWA’s proposed response to the objection, whereupon Caltrans or FHWA will respond to the objection accordingly; or
2. Provide Caltrans or FHWA with recommendations, which Caltrans or FHWA shall take into account in reaching a final decision regarding its response to the objection; or
3. Notify Caltrans or FHWA that the objection will be referred for comment consistent with 36 CFR § 800.7(a)(4) and proceed to refer the objection for comment. In this event, Caltrans or FHWA shall take the resulting comments into account consistent with 36 CFR § 800.7(c)(4). Caltrans responsibilities under this Agreement that are not the subject of the disagreement shall remain unchanged.
D. Should the ACHP not exercise one of the foregoing options within 30 days after receipt of submitted pertinent documentation, the agency official’s responsibilities under Section 106 of the NHPA are fulfilled upon implementation of the proposed response to the objection.
E. Caltrans or FHWA shall take into account any ACHP recommendation or comment and any comments from the other signatories and invited signatories to this Agreement in reaching a final decision- regarding the objection. Caltrans’ or FHWA’s responsibility to carry out all actions ...
RESOLVING OBJECTIONS. A. Should a Signatory object to actions carried out or proposed with respect to the implementation of this PA not subject to prior resolution efforts under Stipulations IV, V, and VI, the objecting party shall provide all other Signatories, Invited Signatories, and Concurring Parties with written documentation of the objection. The parties will consult, as appropriate, for up to 45 days to resolve the objection.
1. If agreement is reached, DoD will summarize the resolution and provide the information to the Signatories, Invited Signatories, and Concurring Parties.
2. If agreement is not reached, DoD will refer the matter to ACHP consistent with subpart B of this Stipulation.
B. Objections referred through processes defined under Stipulations IV, V, and VI, or those not resolved through discussions among the parties within the 45-day dispute resolution process defined under subpart A above, shall be addressed as follows.
RESOLVING OBJECTIONS. Should the SHPO object in writing to Caltrans at any time regarding the manner in which the terms of this MOU are carried out, to any action carried out or proposed with respect to implementation of this MOU, or to any documentation prepared in accordance with and subject to the terms of this MOU, Caltrans and the SHPO shall consult to resolve the objection. The consultation period shall be determined by mutual agreement of Caltrans and the SHPO. If resolution is reached within this time frame, Caltrans will proceed in accordance with the terms of the resolution. If resolution is not reached within this time frame the SHPO may proceed in accordance with Stipulation XIX.D, below, and propose termination of this MOU.
RESOLVING OBJECTIONS. 1. Should any party to this MOA object in writing to FHWA regarding any action carried out or proposed with respect to the Project or implementation of this MOA, FHWA shall consult with the objecting party to resolve the objection. If after initiating such consultation FHWA determines that the objection cannot be resolved through consultation, FHWA shall forward all documentation relevant to the objection to the Council, including FHWA’s proposed response to the objection. Within thirty (30) days after receipt of all pertinent documentation, the Council shall exercise one of the following options:
a. Advise FHWA that the Council concurs in FHWA’s proposed response to the objection, whereupon FHWA shall respond to the objection accordingly;
b. Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or
c. Notify FHWA that it will comment pursuant to 36 CFR 800.7(a) and proceed to comment. Any Council comment provided in response to such a request will be taken into account by FHWA in accordance with 36 CFR 800.7(c)(4). Should the Council not exercise one of the above options within thirty (30) days after receipt of all pertinent documentation, FHWA may assume the Council’s concurrence in its proposed response to the objection. FHWA shall take into account any Council recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA’s responsibility to carry out all actions under this MOA that are not the subjects of the objection shall remain unchanged.
RESOLVING OBJECTIONS a) Should any party to this PA object in writing to FHWA regarding any action carried out or proposed with respect to the Project, or implementation of this PA, FHWA shall consult with the objecting party to resolve the objection. If after initiating such consultation FHWA determines that the objection cannot be resolved through consultation, FHWA shall forward all documentation relevant to the objection to the ACHP, including FHWA’s proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP shall exercise one of the following options:
1) Advise FHWA that the ACHP concurs in FHWA’s proposed response to the objection, whereupon FHWA shall respond to the objection accordingly;
2) Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or
3) Provide FHWA with recommendations, which FHWA shall take into account in reaching a final decision regarding its response to the objection; or
b) Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, FHWA may assume the ACHP’s concurrence in its proposed response to the objection.
c) FHWA shall take into account any ACHP recommendation or comment provided in accordance with this stipulation with reference only to the subject of the objection; FHWA’s responsibility to carry out all actions under this PA that are not the subject of the objection shall remain unchanged.
RESOLVING OBJECTIONS i. If there is an objection to the SWRCB’s implementation of this Agreement, the EPA and the SHPO will be notified in writing.
ii. If the objection cannot be resolved, the ACHP will be notified to help resolve the dispute.
iii. The SWRCB will take into account the ACHP’s response prior to proceeding.
RESOLVING OBJECTIONS. If objections are received, NASA will consider the comments and issue a response, indicating NASA’s intent to revise the determination of effect, NASA’s intent to revise the Project based on the comments, or NASA’s intent to move forward with the Project without revisions. Thereafter, the Center CRM shall proceed according to the relevant stipulation. 1190 Objections received pursuant to Stipulation VII.D will proceed according to the process 1191 specifically outlined in that stipulation. 1192
RESOLVING OBJECTIONS. A. Should any Signatory to this PA object in writing to any actions carried out or proposed with respect to the implementation of this PA, DoD shall confer with the objecting party for a period not to exceed 45 days. The objecting party shall notify all other Signatories, Invited Signatories, and Consulting Parties in writing when lodging an objection with another Signatory regarding a specific action in this PA.
B. If after initiating such notification, the DoD determines that the objection cannot be resolved through discussions among the parties, it shall forward all documentation relevant to the matter raised to the ACHP, including the DoD’s proposed response to the objection. Except for Discoveries and Emergencies addressed under Stipulation XI, If such dispute involves eligibility of a property for listing on the National Register of Historic Places, the matter will be submitted to the Keeper of the National Register, consistent with 36 CFR §60.9.
C. Within 30 calendar days, the ACHP shall:
1. Concur with the DoD’s proposed response; or
2. Provide the DoD with recommendations on the proposed response.
3. The DoD shall take into account ACHP’s recommendations before making a final decision on the matter and proceeding accordingly.
4. If the ACHP has not responded within 30 days, the DoD shall make a final decision on the objection and proceed accordingly.
RESOLVING OBJECTIONS. If the Municipality has objections to the planned Service Line Work and if the Municipality and FortisBC are unable to agree on a resolution, then either party may refer the matter to dispute resolution in accordance with Section 18. The Municipality shall not otherwise withhold or delay its approval.
RESOLVING OBJECTIONS. 1. If SHPO, and UDOT are unable to agree on measures to resolve the adverse effects of an undertaking pursuant to this stipulation, they shall invite the Council to participate in the resolution process pursuant to 36 CFR 800.6(b)(2).
2. If the parties fail to agree to measures to resolve the adverse effects, SHPO or the Council may terminate consultation pursuant to 36 CFR 800.7(a). Upon termination, the signatories shall comply with the remaining requirements of 36 CFR 800.7.