Laserfiche WebLink
DocuSign Envelope ID.2A1 Al B97-7E12-4D08-A7FA-F9FBEB801815 <br /> of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies <br /> provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall <br /> be an issue and may be reviewed as provided in the "Disputes" clause of this Contract. <br /> 2.13. COPYRIGHT <br /> This section is superseded by Program Specific Terms and Conditions#3. <br /> by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such <br /> • <br /> • <br /> advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. <br /> For Materials that are delivered under the Contract, but that incorporate pre existing materials not produced under <br /> the Contract, the Grantee hereby grants to COMMERCE a nonexclusive, royalty free, irrevocable license(with rights <br /> perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, <br /> COMMERCE. <br /> document which was not produced in the performance of this Contract. The Grantee shall pr^ ids COMMERCE with <br /> Contract. COMMERCE shall have the right to modi <br /> Upon the Materials by the Grantee. <br /> 2.14. DISALLOWED COSTS <br /> The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of <br /> its Subcontractors. <br /> 2.15. DISPUTES <br /> Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved <br /> by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE,who may designate <br /> a neutral person to decide the dispute. <br /> The request for a dispute hearing must: <br /> • be in writing; <br /> • state the disputed issues; <br /> • state the relative positions of the parties; <br /> • state the Grantee's name, address, and Contract number; and <br /> • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working <br /> days after the parties agree that they cannot resolve the dispute. <br /> The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee <br /> and the requestor within five (5)working days. <br /> The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working <br /> days. The Director or designee may extend this period if necessary by notifying the parties. <br /> The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. <br /> The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. <br /> Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute <br /> resolution (ADR) method in addition to the dispute hearing procedure outlined above. <br /> Contract#«Contract Number» 11 Electrification of Transportation Systems <br />