Unimark EC3000 Series Spezifikationen PDF herunterladen (Seite 28)

AIMS System and Services Agreement Page 28 of 60

refund to County any and all monies paid by County to Contractor under the

System Agreement and the License Agreement within fifteen (15) County Work

Days after the notice of termination. In the event of termination by County

pursuant to this Section 12.4, and after full repayment by Contractor, County

shall return the items, their Documentation, if any, and any other tangible

materials received from Contractor and promptly remove any Software provided

by Contractor from any and all Hardware upon which such may reside and the

System Agreement and the License Agreement, including any license granted by

Contractor, shall automatically terminate.

ARTICLE 13

RESOLUTION OF DISPUTES

13.1 To provide a means of resolving disputes, reducing delays in performance and

lessening the likelihood of litigation, it is agreed by the parties hereto that all

questions, claims, difficulties and disputes of whatever nature which may arise

relative to the provisions of this System Agreement will first be submitted in

writing to the Contract Administrator, the Consultant and the designated

representative of Contractor who will meet and confer in good faith in an effort to

resolve the matter. Such claims, questions, difficulties and disputes shall be

submitted to the referenced individuals in writing as soon as practicable after the

issue arises.

13.2 In the event a dispute between the Contract Administrator and Contractor arises

over whether requested Services constitute additional work or Services or is

outside the level of effort originally anticipated in Exhibit A and such dispute

cannot be resolved by the Contract Administrator, the Consultant and Contractor,

such dispute shall be promptly presented for resolution pursuant to the

procedures set forth in this Article 13. During the pendency of any dispute, if

requested in writing by the Contract Administrator, Contractor shall promptly

perform the disputed Services.

13.3 In the event a dispute between the Contract Administrator and Contractor cannot

be resolved by the Contract Administrator and Contractor, such dispute shall be

presented to the Aviation Director for resolution. In the event the Contractor

does not agree with the Aviation Director’s decision, the Contractor shall file a

written notice of dispute with the Director of Purchasing, in writing, within seven

(7) calendar days from the date of the Aviation Director’s decision, which notice

of dispute shall be filed in accordance with Subsection 21.22.d of the Broward

County Administrative Code. Proceedings regarding such dispute shall be

conducted pursuant to Subsection 21.22.d of the Broward County Administrative

Code. During the pendency of any dispute, Contractor shall promptly perform

the disputed Services and Contractor and County shall act in good faith to

mitigate any potential damages or delays in the project referenced in this System

Agreement.

Exhibit 3

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