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2004_0308_Packet
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2004_0308_Packet
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agreement, the parties agree to jointly submit such dispute(s) for final decision to the <br />Independent Claims Adjudicator. The Independent Claims Adjudicator shall consider and <br />resolve any such dispute as soon as possible. The Independent Claims Adjudicator shall base his <br />review solely upon the Coupons selected jointly by the parties, the photographs submitted to the <br />Third Party Inspector and, where necessary, the Damaged Deck retained at the job site. In the <br />event that Coupons were not agreed upon by the parties, the Independent Claims Adjudicator <br />shall use the Control Coupons provided to the job site by the Claims Off'ice or Plaintiffs' Class <br />Counsel. <br />In the event of such a dispute concerning the propriety or necessity of removal, <br />replacement, overlayment, cleaning or painting the parties agree (i) the work will proceed in <br />accordance with the decision of Roof Owner's contractors and/or Consultant, (ii) the sole issue to <br />be determinedby the Independent Claims Adjudicatorshall be whether Beazershouldbe <br />required to pay the incremental cost associated with the work in dispute, (iii) if Beazer prevails in <br />the dispute, Roof Owner will be responsible for paying the incremental costs of Roof Owner's <br />contractor(s} associated with the work in dispute which are in excess of the cost of the category <br />of work on the Decks which the Independent Claims Adjudicator determines is applicable, (iv) if <br />Roof Owner prevails in the dispute, the Claims Off'ice will be responsible for paying to Roof <br />Owner all costs associated with the work in dispute not already paid by the Claims Office in <br />accordance with Paragraph 4.4 within five (5) business days of the decision by the Independent <br />Claims Adjudicator, and (v) the losing party in the dispute shall be responsible for payment of <br />the Independent Claims Adjudicator's fees. The decision of the Independent Claims <br />Adjudicator shall be final and not subject to review by any court, arbitrator, or otherwise. In the <br />event of such a dispute, the Claiins Office may not withhold payment of any other element of <br />
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