29 AT (49-18)-12 12.0 Subcontractor Disputes 12.1 PMC shall incorporate the following clause, with respect to disputes between PMC and its contractors (other than CE, TVA and BRC), in any contract with a reactor manufacturer and in any other contract (other than contracts with CE, TVA and BRC) for the acquisition of supplies, equipment, and services in connection with the Project: "Except as otherwise provided in this contract, any disputes concerning a question of fact arising under this contract which are not disposed of by agreement shall be decided by the PMC General Manager who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the contractor. The decision of the PMC General Manager shall be final and conclusive unless within 30 days from date of receipt of such copy the contractor rails or otherwise furniches to the PC General Manager a written appeal addressed to the AEC Board of Contract Appeals. The decision of the Board of Contract Appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the parties shall be afforded an opportunity to be heard and to offer evidence in support of their positions. Pending final decision of a dispute hereunder, the contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the PMC General Manager. This disputes clause does not preclude consideration of questions of law in connection with decisions provided for above: Provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law." 13.0 Notice 13.1 Whenever a notice is given under this contract it shall be in writing, and a copy shall be sent to each party. Provisions Applicable to Activities Involving the Use of Additional Principal Obligations of TVA and Additional Provisions Generally Applicable to the Contract Additional Principal Undertakings of Commonwealth Edison IN WITNESS WHEREOF the parties have executed this contract, this day of 1973. who signed this contract on behalf of the corporation was then Chairman and President of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. In Witness Whereof, I have hereunto affixed my hand and the seal of said corporation this 25th_______ day of July BB Bacher R. P. Bachert 1973. (Seal) signed this contract on behalf of the corporation was then Chairman who of the Board of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. In Witness Whereof, I have hereunto affixed my hand and the seal an agency and instrumentality of the United States identified as a party herein; that James E. Watson on behalf of TVA was then Manager of Power who signed this contract that said contract was duly signed for and on behalf of said Authority by authority of its governing body and is within the scope of its statutory powers. In Witness Whereof, I have hereunto affixed my hand and the seal |