Agmt22 Association of Bay Area Gov. (ABAG)

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DocuSign Envelope ID: 895D2A90-533F-4A74-8650-530137EA9E81 ABAG/City Innovate PROVIDER Bench Management Software Page 14 If the suspension is due to PROVIDER’s failure to perform work or carry out its responsibilities in accordance with this Agreement, or other action or omission on the part of PROVIDER, all costs shall be at PROVIDER’s expense and no schedule extensions will be provided by ABAG. In the event of a suspension of the work, PROVIDER shall not be relieved of PROVIDER’s responsibilities under this Agreement, except the obligations to perform the work that ABAG has specifically directed PROVIDER to suspend under this section. If the suspension is not the responsibility of PROVIDER, suspension of all or any portion of the work under this Section may entitle PROVIDER to compensation and/or schedule extensions subject to the Agreement requirements. 23. NOT USED 24. DISPUTE RESOLUTION A. Informal Resolution of Disputes. PROVIDER and ABAG shall use good faith efforts to resolve all disputes informally at the project manager level. In the event such efforts are unsuccessful, either party may request that ABAG provide a written determination as to the proposed resolution of the dispute. Within twenty-one (21) calendar days of the request, the ABAG Project Manager shall provide a written determination as to the dispute, including the basis for their decision. Upon PROVIDER’s written acceptance of the ABAG Project Manager's determination, the Agreement may be modified and the determination implemented or, failing agreement, ABAG may in its sole discretion pay such amounts and/or revise the time for performance in accordance with the ABAG Project Manager’s determination. If the ABAG Project Manager’s determination is not accepted by PROVIDER, the matter shall promptly be referred to senior executives of the parties having designated authority to settle the dispute. The senior executives will exchange memoranda stating the issues in dispute and their respective positions and then meet for negotiations at a mutually agreed time and place. If the matter has not been resolved within thirty (30) calendar days of commencement of senior management negotiations, the parties may mutually agree to try to settle the dispute by means of alternate dispute resolution methodologies, as set forth below. B. Controversies Subject to Alternative Dispute Resolution. Any claim or controversy concerning the interpretation, application, or implementation of this Agreement between ABAG and PROVIDER that cannot be resolved through the informal efforts described above, may, by specific agreement of the parties, be submitted to alternative dispute resolution (that is, mediation or arbitration) with the parameters for such dispute resolution being agreed to by the parties at the time. DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575