Technical Dispute. Technical Disputes shall be resolved by an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the technical specifications, whether the relevant part of the Site where the System is located meets the required site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the District. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions unless otherwise agreed in writing by Contractor and District:
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Technical Dispute. Technical Disputes shall be resolved by an a mutually agreed upon independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the technical specificationsIndustry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required site Site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the District. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions a nationally recognized professional expert unless otherwise agreed in writing by Contractor and District:. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 2 contracts
Samples: Energy Services Agreement, Energy Services Agreement
Technical Dispute. Technical Disputes shall be resolved by an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the technical specifications, whether the relevant part of the Site where the System is located meets the required site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, Industry Standards related to operation and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the Districtmaintenance. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions unless otherwise a nationally recognized professional expert mutually agreed in writing by Contractor Operator and District:Owner. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 2 contracts
Samples: Operation and Maintenance Agreement, Operation and Maintenance Agreement
Technical Dispute. Technical Disputes shall be resolved by an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the technical specificationsIndustry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required site Site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the District. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions unless otherwise an institution or a nationally recognized professional expert that has been agreed upon in writing by Contractor and District:Customer. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 1 contract
Samples: Facility Solutions Agreement
Technical Dispute. Technical Disputes shall be resolved by an independent expert. For the purposes of this Agreement, a “Technical Dispute” shall mean a Dispute regarding whether the System conforms to the technical specificationsIndustry Standards and applicable Building Codes, whether the relevant part of the Site where the System is located meets the required site Site characteristics, whether the Performance Tests contemplated by the System commissioning plan (Exhibit F) have been satisfied, and any other Disputes of a technical or engineering nature. Costs for the technical evaluation by the third party shall be carried by the District. All Technical Disputes shall be resolved on an accelerated basis by one of the following institutions a nationally recognized professional expert unless otherwise agreed in writing by Contractor and District:County. Parties will share equally in the cost of the independent expert engaged to resolve Technical Disputes.
Appears in 1 contract
Samples: Facility Solutions Agreement