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W <br /> WASTE MANAGEMENT <br /> 15.5 Claims for Additional Time: If Contractor wishes to claim an increase in the Contract Time, written notice <br /> shall be given as provided in Article 8.3.3. In the case of continuing delay, only one notice of Claim is <br /> necessary. <br /> 15.6 Claims for Injury or Damage to Person or Property. If either Party to the Agreement suffers injury or <br /> damage to person or property because of an act or omission of the other Party's employees or agents,or of <br /> others for whose acts such Party is legally liable, written notice of such injury or damage, whether or not <br /> insured,shall be given to the other Party within a reasonable time, not exceeding twenty-one(21)Days after <br /> the first observance. The notice shall provide sufficient detail to enable the other Party to investigate the <br /> matter. If a Claim for an increase in the Contract Price or Contract Time due to damage or injury is to be <br /> asserted, it shall be filed as provided in Articles 15.4 or 15.5, as applicable <br /> 15.7 Resolution of Claims. <br /> 15.7.1 The Owner's Authorized Representative will review Claims and take one or more of the following <br /> preliminary actions within ten (10)Days of receipt of a Claim: <br /> .1 request additional supporting data from the Contractor; <br /> .2 submit a schedule to Contractor indicating when the Owner's Authorized Representative <br /> expects to take action; <br /> .3 reject the Claim in whole or in part; <br /> .4 recommend approval of the Claim; or <br /> .5 suggest a compromise. <br /> 15.7.2 Following receipt of any Claim, the Owner's Authorized Representative may also, but is not <br /> obligated to, notify the Surety of the nature and amount of the Claim. <br /> 15.7.3 If a Claim has been resolved, the Owner's Authorized Representative will prepare or obtain a <br /> Change Order or other appropriate documentation. <br /> 15.7.4 If a Claim has not been resolved, the Contractor shall, within ten (10) Days after receipt of the <br /> Owner's Authorized Representative's preliminary response, take one or more of the following <br /> actions: <br /> .1 submit additional supporting data requested by the Owner's Authorized Representative; <br /> .2 modify the initial Claim, <br /> .3 notify the Owner's Authorized Representative that the initial Claim stands; or, <br /> .4 do none of the foregoing, in which case the Claim shall be deemed permanently abandoned <br /> and waived. <br /> 15.7.5 If a Claim has not been resolved after consideration of the foregoing and of further evidence <br /> presented by Contractor or requested by the Owner's Authorized Representative, the Owner's <br /> Authorized Representative will render a written decision relative to the Claim, including any change <br /> in the Contract Price or the Contract Time or both. The Owner's Authorized Representative may, <br /> but is not obligated to, notify the Surety and request the Surety's assistance in resolving the <br /> controversy. Owner's Authorized Representative's decision shall be final and determinative unless <br /> and until the Contractor invokes the procedures of Article 15.8 by notifying Owner, in writing, within <br /> fourteen (14) Days of Contractor's receipt of Owner's written decision regarding the Claim, that <br /> Contractor is invoking the disputes procedure under Article 15.8 and requesting negotiation. <br /> 15.8 Disputes. <br /> 15.8.1 In the event that a Claim is not resolved using the foregoing procedures, and unless otherwise <br /> mutually agreed to in writing between the Parties, all disputes between the Parties relating to the <br /> interpretation and enforcement of their rights and obligations under the Agreement shall be <br /> submitted to negotiation and mediation in accordance with the provisions of this Article 15.8. <br /> 15.8.2 The Parties shall use their best efforts for a period of twenty-one (21) Days to resolve any <br /> remaining dispute following Owner's Authorized Representative's written decision relative to any <br /> Claim. To commence the dispute resolution process, either Party may serve written notice on <br /> the other Party specifically identifying the dispute and requesting that efforts at resolving the <br /> 43 Jun-17 <br /> Ver.2.0 <br />