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DocuSign Envelope ID:2A1 Al B97-7E1 2-4D08-A7FA-F9FBEB801 81 5 of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. 2.13. COPYRIGHT This section is superseded by Program Specific Terms and Conditions#3. "Materials„ means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, prepare derivative works, publicly including intellectual property rights, moral rights and rights of pblicit ar; t^ + h a l' t COMMERCE. upon the Materials b„th e G_rantee 2.14. DISALLOWED COSTS The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing with the Director of COMMERCE,who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Grantee's name,address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five(5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten(10)working days.The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR)method in addition to the dispute hearing procedure outlined above. Contract#«Contract_Number» 11 Electrification of Transportation Systems