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Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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20.3. If the event continues for a period <strong>of</strong> eighty four (84) days, either party maythen give notice <strong>of</strong> termination, which shall take effect twenty eight (28)days after the giving <strong>of</strong> the notice.20.4. After termination, the Contractor shall be entitled to payment <strong>of</strong> the unpaidbalance <strong>of</strong> the value <strong>of</strong> the Works executed <strong>and</strong> <strong>of</strong> the materials <strong>and</strong> Plantreasonably delivered to the Site, adjusted by the following:(a) any sum to which the Contractor is entitled under GCC Clause 28;(b)(c)the cost <strong>of</strong> his suspension <strong>and</strong> demobilization;any sum to which the Procuring Entity is entitled.20.5. The net balance due shall be paid or repaid within a reasonable time periodfrom the time <strong>of</strong> the notice <strong>of</strong> termination.21. Resolution <strong>of</strong> Disputes21.1. If any dispute or difference <strong>of</strong> any kind whatsoever shall arise between theparties in connection with the implementation <strong>of</strong> the contract covered by theAct <strong>and</strong> this IRR, the parties shall make every effort to resolve amicablysuch dispute or difference by mutual consultation.21.2. If the Contractor believes that a decision taken by the PROCURINGENTITY’s Representative was either outside the authority given to thePROCURING ENTITY’s Representative by this Contract or that thedecision was wrongly taken, the decision shall be referred to the Arbiterindicated in the SCC within fourteen (14) days <strong>of</strong> the notification <strong>of</strong> thePROCURING ENTITY’s Representative’s decision.21.3. Any <strong>and</strong> all disputes arising from the implementation <strong>of</strong> this Contractcovered by the R.A. 9184 <strong>and</strong> its IRR shall be submitted to arbitration in thePhilippines according to the provisions <strong>of</strong> Republic Act No. 876, otherwiseknown as the “ Arbitration Law” <strong>and</strong> Republic Act 9285, otherwise knownas the “Alternative Dispute Resolution Act <strong>of</strong> 2004”: Provided, however,That, disputes that are within the competence <strong>of</strong> the Construction IndustryArbitration Commission to resolve shall be referred thereto. The process <strong>of</strong>arbitration shall be incorporated as a provision in this Contract that will beexecuted pursuant to the provisions <strong>of</strong> the Act <strong>and</strong> its IRR: Provided,further, That, by mutual agreement, the parties may agree in writing to resortto other alternative 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)The Procuring Entity is obligated to notify the Contractor <strong>of</strong> such suspensionwithin seven (7) days <strong>of</strong> having received the suspension notice.61

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