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Default by IHCDA. <br />If IHCDA, sixty (60) days after receipt of written notice, fails to correct or cure any material breach of <br />this Contract, the Contractor may cancel and terminate this Contract and institute the appropriate <br />measures to collect monies due up to and including the date of termination. <br />Disputes. <br />A. Should any disputes arise with respect to this Contract, the Contractor and IHCDA agree to act <br />immediately to resolve such disputes. Time is of the essence in the resolution of disputes. <br />The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to <br />carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the <br />Contractor fail to continue to perform its responsibilities regarding all non -disputed work, without <br />delay, any additional costs incurred by IHCDA or the Contractor as a result of such failure to proceed <br />shall be borne by the Contractor, and the Contractor shall make no claim against IHCDA for such <br />costs. <br />If the parties are unable to resolve a contract dispute between them after good faith attempts to do so, a <br />dissatisfied party shall submit the dispute to the Commissioner of the Indiana Department of <br />Administration for resolution. The dissatisfied party shall give written notice to the Commissioner <br />and the other party. The notice shall include (1) a description of the disputed issues, (2) the efforts <br />made to resolve the dispute, and (3) a proposed resolution.. The Commissioner shall promptly issue <br />a Notice setting out documents and materials to be submitted to the Commissioner in order to resolve <br />the dispute; the Notice may also afford the parties the opportunity to make presentations and enter <br />into further negotiations. Within 10 business days of the conclusion of the final presentations, the <br />Commissioner shall issue a written decision and furnish it to both parties. The Commissioner's <br />decision shall be the final and conclusive administrative decision unless either patty serves on the <br />Commissioner and the other party, within ten business days after receipt of the Commissioner's <br />decision, a written request for reconsideration and modification of the written decision. If the <br />Commissioner does not modify the written decision within 30 business days, either party may take <br />such other action helpful to resolving the dispute, including submitting the dispute to an Indiana court <br />of competent jurisdiction. If the parties accept the Commissioner's decision, it may be memorialized <br />as a written Amendment to this Contract if appropriate. <br />IHCDA may withhold payments on disputed items pending resolution of the dispute. The unintentional <br />nonpayment by IHCDA to the Contractor of one or more invoices not in dispute in accordance with <br />the terms of this Contract will not be cause for the Contractor to terminate this Contract, and the <br />Contractor may bring suit to collect these amounts without following the disputes procedure <br />contained herein. <br />With the written approval of the Commissioner of the Indiana Department of Administration, the parties <br />may agree to forego the process described in subdivision C. relating to submission of the dispute to <br />the Commissioner. <br />This paragraph shall not be construed to abrogate provisions of Ind. Code 4-6-2-11 in situations where <br />dispute resolution efforts lead to a compromise of claims in favor of the State as described in that <br />statute. In particular, releases or settlement agreements involving releases of legal claims or potential <br />legal claims of the State should be processed consistent with Ind. Code 4-6-2-11, which requires <br />approval of the Governor and Attorney General. <br />{00028595-1) <br />Page 6 of 39 <br />