Laserfiche WebLink
Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023) 19 of 22 <br />Ambiguity and Performance <br />91. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other <br />PARTY. PARTIES waive the provisions of California Civil Code, Section 1654. <br />A waiver of a PARTY’s performance under this AGREEMENT will not constitute a <br />continuous waiver of any other provision. <br />92. A delay or omission to exercise a right or power due to a default does not negate the use of that <br />right or power in the future when deemed necessary. <br />Defaults <br />93. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request <br />in writing that the default be remedied within thirty (30) calendar days. If the defaulting <br />PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution. <br />Dispute Resolution <br />94. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as <br />described in the Quality Management Plan. If they cannot resolve the dispute themselves, the <br />CALTRANS District Director and the Executive Officer of PERMITTEE will attempt to <br />negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will <br />initiate mediation. PARTIES agree to participate in mediation in good faith and will share <br />equally in its costs. <br />Neither the dispute nor the mediation process relieves PARTIES from full and timely <br />performance of the WORK in accordance with the terms of this AGREEMENT. However, if <br />any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to <br />ensure that the WORK continues. <br />Except for equitable relief, no PARTY may file a civil complaint until after mediation, or <br />forty-five (45) calendar days after filing the written mediation request, whichever occurs first. <br />PARTIES will file any civil complaints in the Superior Court of the county in which the <br />CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court <br />of the county in which the PROJECT is physically located. <br />95. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a <br />previously selected remedy does not achieve resolution.