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GC 2010 PRRIP
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2/21/2013 11:55:32 AM
Creation date
1/25/2013 4:59:45 PM
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Water Supply Protection
Description
Platte River Recovery Implementation Program (PRRIP) Governance Committee (GC) Meeting agendas, contracts, emails, budgets, related reports, minutes, notes, etc. 2010
State
CO
NE
WY
Basin
South Platte
Water Division
1
Date
1/1/2010
Author
Platte River Recovery Implementation Program (PRRIP)
Title
Platte River Recovery Implementation Program (PRRIP) Governance Committee (GC) Meeting documents for 2010
Water Supply Pro - Doc Type
Meeting
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E p d OLSSON <br />A 5 S 0 C I A T E S <br />5.1.4 Material changes in the conditions under which this Agreement was entered into, the <br />Scope of Services or the nature of the Project, and the failure of the parties to reach agreement <br />on the compensation and schedule adjustments necessitated by such changes. <br />5.2 In the event of a "for cause" termination of this Agreement by either party, the Client <br />shall within fifteen (15) calendar days of termination pay Olsson for all services rendered and all <br />reimbursable costs incurred by Olsson up to the date of termination, in accordance with the <br />payment provisions of this Agreement. <br />5.3 The Client may terminate this Agreement for the Client's convenience and without cause <br />upon giving Olsson not less than senen (7) calendar days' wfitteig netwee. IR th8 GV@Pt Qf @PY <br />termination that is not the fault of Olsson, the Client shall pay Olsson, in addition to payment for <br />services rendered and reimbursable costs incurred, for all expenses reasonably incurred by <br />Olsson in connection with the orderly termination of this Agreement, including but not limited to <br />demobilization, reassignment of personnel, associated overhead costs, any fees, costs or <br />expenses incurred by Olsson in preparing or negotiating any proposals submitted to Client for <br />Olsson's Basic or Additional Services under this Agreement and all other expenses directly <br />resulting from the termination and a reasonable profit of not less than 10% of Olsson's actual <br />costs incurred. <br />SECTION 6— DISPUTE RESOLUTION <br />6.1. Mediation <br />6.1.1 All questions in dispute under this Agreement shall be submitted to mediation. On the <br />written notice of either party to the other of the election to submit any dispute under this <br />Agreement to mediation, each party shall designate their representatives and shall meet within <br />ten (10) days after the service of the notice. The parties themselves shall then attempt to <br />resolve the dispute within ten (10) days of meeting. <br />6.1.2 Should the parties themselves be unable to agree on a resolution of the dispute, then <br />the parties shall appoint a third party who shall be a competent and impartial party and who <br />shall be acceptable to each party, to mediate the dispute. Any third party mediator shall be <br />qualified to evaluate the performance of both of the parties, and shall be familiar with the design <br />and construction progress. The third party shall meet to hear the dispute within ten (10) days of <br />their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. <br />6.1.3 Each party shall pay the fees and expenses of the third party mediator and such costs <br />shall be borne equally by both parties. <br />6.2 Arbitration or Litigation <br />6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and /or <br />disagreements between them, arising out of or relating to the services of Olsson, the Project or <br />this Agreement (hereinafter collectively referred to as "Disputes ") which may not be resolved <br />through mediation. Therefore, Olsson and Client agree that all Disputes, arising out of this <br />Agreement or related to the services provided under this Agreement shall be resolved by <br />binding arbitration or litigation at the sole discretion and choice of Olsson. If Olsson chooses <br />arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry <br />is Arbitration Rules of the AAA. <br />Page 10 <br />
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