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7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design-Builder will, within ten calendar days, submit Design-Builder's written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim. 7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by Design-Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design-Builder's final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner's rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled. 7.2 RESOLUTION OF CLAIMS AND DISPUTES The following shall occur as a condition precedent to the Owner's review of a claim unless waived in writing by the Owner: 7.2.1 Project Representatives' Meeting: Within five days (5) after a dispute occurs, the Design- Builder's senior project management personnel who have authority to resolve the dispute shall meet with the Owner's project representative who has authority to resolve the dispute in a good faith attempt to resolve the dispute. If a party intends to be accompanied at a meeting by legal counsel, the other party shall be given at least three (3) working days' notice of such and also may be accompanied by legal counsel. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of rules of evidence. 7.2.2 Management Representatives' Meeting: If the Project Representatives' Meeting fails to resolve the dispute or if they fail to meet, a senior executive for the Design-Builder and for the Owner, neither of which have day to day Project management responsibilities, shall meet, within ten days (10) after a dispute occurs, in an attempt to resolve the dispute and any other identified disputes or any unresolved issues that may lead to dispute. If a party intends to be accompanied at a meeting by legal counsel, the other party shall be given at least three (3) working days' notice of such and also may be accompanied by legal counsel. All negotiations Ixora Park Infrastructure Improvements 12