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 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. 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 XXII, below, and propose termination of this MOU.
RESOLVING OBJECTIONS. (1) Should any signatory to this Agreement, any Indian tribe, organization or individual, or member of the public object in writing to Reclamation or to the Service regarding the manner in which the terms of this Agreement are carried out, or to any documentation prepared in accordance with and subject to the terms of this Agreement, the RFA shall consult with the objecting party to address the objection. The RFA shall determine a reasonable time frame for this consultation. If resolution is reached within this time frame, the RFA may proceed with its action in accordance with the terms of the resolution. If resolution is not reached within this time frame, the RFA shall forward all documentation relevant to the objection to the Council, including the RFA=s proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the Council shall exercise one of the following options:
(a) Advise the RFA that the Council concurs in its proposed response to the objection, whereupon the RFA will respond to the objection accordingly. Thereafter, the RFA may proceed with its action in a manner consistent with its proposed response; or
(b) Provide the RFA with recommendations, which the RFA will take into account in reaching a final decision regarding its response to the objection. Upon reaching its final decision, the RFA will notify the objecting party and the Council of its final decision, and may thereafter proceed with its action; or
(c) Notify the RFA that the objection will be referred for comment, pursuant to 36 CFR 800.7(a)(4), and proceed to refer the objection and comment. In this event, the RFA shall ensure that their agency heads are prepared to take the resulting comment into account in accordance with 36 CFR 800.7(c)(4) and Section 110(l) of the NHPA. Thereafter, the RFA shall notify the objecting party and the Council of its final decision regarding the objection ,and may thereafter proceed with its action.
(2) Should the Council not exercise one of the foregoing options within 30 days after receipt of all pertinent documentation, the RFA may assume the Council=s concurrence in its proposed response to the objection, advise the objecting party of that response and proceed with its action in a manner consistent with that response.
(3) Disputes pertaining to the NRHP eligibility of cultural resources covered by this Agreement shall be addressed through consultation among the signatories. If such consultation fails to resolve...
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 the Municipality has objections to the planned Service Line Work and if the Municipality and FmtisBC are unable to agree on a resolution, then either pa1ty may refer the matter to dispute resolution in accordance with Section 18. The Municipality shall not otherwise withhold or delay its approval.
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. Objections received pursuant to Stipulation VIII.D will proceed according to the process specifically outlined in that stipulation.
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. 1. Should any party to this PA object in writing to the City regarding any action carried out or proposed with respect to any work covered under this agreement or to the manner in which such work is being implemented under this PA, the City shall consult with the objecting party to resolve the objection. If after initiating such consultation, the City determines that the objection cannot be resolved through consultation, the City shall forward all documentation relevant to the objection to the Advisory Council on Historic Preservation (Council) including the City’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 the City that the Council concurs in the City’s proposed response to the objection, whereupon the City shall respond to the objection accordingly; or
b) Provide the City with recommendations, which the City shall take into account in reaching a final decision regarding its response to the objection; or
c) Notify the City that the objection will be referred for comment pursuant to 36 CFR § 800.7, and proceed to refer the objection and comment. The resulting comment shall be taken into account by the City in accordance with 36 CFR § 800.7(c)(4) and Part 110(1) of the NHPA.
2. Should the Council not exercise one of the above options within thirty