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O-1992-1833
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O-1992-1833
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Last modified
11/2/2016 3:38:51 PM
Creation date
10/25/2006 7:22:03 PM
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Legislative Records
Legislative Type
Ordinance
Date
4/13/1992
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<br />e <br /> <br />e <br /> <br />Lease No. DTFA07-92-L-01125 <br />Remote Transmitter/Receiver Outlet <br />(RTR-O), La Porte Municipal Airport <br />La Porte, Texas <br /> <br />5. DISPUTES: <br /> <br />a. This lease is subject to the Contract Disputes Act of 1978 (Public <br />Law 95-563). <br /> <br />b. Except as provided in the Act, all disputes ar~s~ng under or relating <br />to this lease shall be resolved in accordance with this clause. <br /> <br />c. (1) As used herein, "claim" means a written demand or assertion by <br />one of the parties seeking, as a legal right, the payment of <br />money, adjustment, or interpretation of lease terms, or other <br />relief, arising under or relating to this lease. <br /> <br />(2) A voucher, invoice, or request for payment that is not in dispute <br />when submitted is not a claim for the purposes of the Act. <br />However, where such submission is subsequently not acted upon in <br />a reasonable time, or disputed either as to liability or amount, <br />it may be converted to a claim pursuant to the Act. <br /> <br />(3) A claim by the Lessor shall be made in writing and submitted to <br />the Contracting Officer for decision. A claim by the Government <br />against the Lessor shall be subject to a decision by the <br />Contracting Officer. <br /> <br />d. For Lessor claims of more than $50,000, the Lessor shall submit with <br />the claim a certification that the claim is made in good faith, the <br />supporting data are accurate and complete to the best of the Lessor's <br />knowledge and belief; and the amount requested accurately reflects the <br />lease adjustment for which the Lessor believes the Government is <br />liable. The certification shall be executed by the Lessor if an <br />individual. When the Lessor is not an individual, the certification <br />shall be executed by a senior company official in charge at the Lessor <br />plant or location involved, or by an officer or general partner of the <br />Lessor having overall responsibility for the conduct of the Lessor's <br />affairs. <br /> <br />e. For Lessor claims of $50,000 or less, the Contracting Officer must <br />render a decision within 60 days. For Lessor claims in excess of <br />$50,000, the Contracting Officer must decide the claim within 60 days <br />or notify the Lessor of the date when the decision will be made. <br /> <br />f. The Contracting Officer's decision shall be final unless the Lessor <br />appeals or files a suit as provided in the Act. <br /> <br />g. The authority of the Contracting Officer under the Act does not extend <br />to claims or disputes which by statute or regulation other agencies of <br /> <br />3 <br />
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