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Proposed Renovation of Former Jacinto Building - Clark Freeport Zone

Proposed Renovation of Former Jacinto Building - Clark Freeport Zone

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decision was wrongly taken, the decision shall be referred to theArbiter indicated in the SCC within fourteen (14) days <strong>of</strong> thenotification <strong>of</strong> the PROCURING Entity’s Representative’s decision.21.3. Any and all disputes arising from the implementation <strong>of</strong> this Contractcovered by the R.A. 9184 and its IRR shall be submitted to arbitrationin the Philippines according to the provisions <strong>of</strong> Republic Act No. 876,otherwise known as the “ Arbitration Law” and Republic Act 9285,otherwise known as the “Alternative Dispute Resolution Act <strong>of</strong> 2004”:Provided, however, That, disputes that are within the competence <strong>of</strong>the Construction Industry Arbitration Commission to resolve shall bereferred thereto. The process <strong>of</strong> arbitration shall be incorporated as aprovision in this Contract that will be executed pursuant to theprovisions <strong>of</strong> the Act and its IRR: Provided, further, That, by mutualagreement, the parties may agree in writing to resort to otheralternative modes <strong>of</strong> dispute resolution.22. Suspension <strong>of</strong> Loan, Credit, Grant, or AppropriationIn the event that the Funding Source suspends the Loan, Credit, Grant, orAppropriation to the Procuring Entity, from which part <strong>of</strong> the payments to theContractor are being made:(a)(b)The Procuring Entity is obligated to notify the Contractor <strong>of</strong> suchsuspension within seven (7) days <strong>of</strong> having received the suspensionnotice.If the Contractor has not received sums due it for work already donewithin forty five (45) days from the time the Contractor’s claim forpayment has been certified by the Procuring Entity’s Representative,the Contractor may immediately issue a suspension <strong>of</strong> work notice inaccordance with GCC Clause 45.2.23. Procuring Entity’s Representative’s Decisions23.1. Except where otherwise specifically stated, the Procuring Entity’sRepresentative will decide contractual matters between the ProcuringEntity and the Contractor in the role representing the Procuring Entity’s23.2. The Procuring Entity’s Representative may delegate any <strong>of</strong> his dutiesand responsibilities to other people except to the Arbiter, afternotifying the Contractor, and may cancel any delegation after notifyingthe Contractor.62<strong>Clark</strong> Development CorporationSection IV General Conditions <strong>of</strong> Contract<strong>Proposed</strong> <strong>Renovation</strong> <strong>of</strong> <strong>Former</strong> <strong>Jacinto</strong> <strong>Building</strong>(Motorpool, Records, Warehouses and Maintenance Area)

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