Long Beach Naval Shipyard, CA-Commission Working Papers-Staff Assessment of DoD Recommendation I Page: 66 of 429
This text is part of the collection entitled: Defense Base Closure and Realignment Commission and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
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0. DISPUTES
(1) Except as otherwise provided in this lease, any dispute
concerning a question of fact arising under this lease which is not
disposed of by agreement shall be decided by the Commanding
Officer, Engineering Field Activity West, Naval Facilities
Engineering Command, who shall reduce his decision to writing and
mail or otherwise furnish a copy thereof to the Lessee. The
decision of the Commanding Officer, Engineering Field Activity
West, Naval Facilities Engineering Command shall be final and
conclusive unless, within 30 days from the date of receipt of such
copy, the Lessee mails or otherwise furnishes to the Commander,
Naval Facilities Engineering Command a written appeal. The
decision of the Commander, Naval Facilities Engineering Command or
his authorized representative for the determination of such appeals
shall be final and conclusive. This provision shall not be pleaded
in any suite involving a question of fact arising under this lease
as limiting judicial review of any such decision to cases where
fraud by such official or his representative or board is alleged:
Provided, however, that any such decision shall be final and
conclusive unless the same is fraudulent or capricious or arbitrary
or so grossly erroneous as necessarily to imply bad faith or is not
supported by substantial evidence. In connection with any appeal
proceeding under this clause, the Lessee shall proceed diligently
with the performance of the lease and in accordance with the
decision of the Commanding Officer, Engineering Field Activity
West, Naval Facilities Engineering Command.
(2) This "Disputes" clause does not preclude consideration of
questions of law in connection with decisions provided for in
paragraph (1) above. Nothing in this lease, however, shall be
construed as making final the decision of any administrative
official, representative or board on a question of law.
P. COVENANT AGAINST CONTINGENT FEES
Lessee warrants that no person or agency has been employed or
retained to solicit or secure this lease upon an agreement or
understanding for a commission, percentage, brokerage or contingent
fee, excepting bona fide employees or bona fide established
commercial agencies maintained by Lessee for the purpose of
securing business. For breach or violation of this warranty, the
Government shall have the right to annul this lease without
liability or in its discretion to require Lessee to pay, in
addition to the rental or consideration, the full amount of such
commission, percentage, brokerage, or contingent fee.
Q. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress, or Resident Commissioner,
shall be admitted to any share or part of this lease, or to any
benefit to arise therefrom, but this provision shall not beconstrued to extend to this lease if made with a corporation for
its general benefit.
7
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United States. Defense Base Closure and Realignment Commission. Long Beach Naval Shipyard, CA-Commission Working Papers-Staff Assessment of DoD Recommendation I, text, Date Unknown; (https://digital.library.unt.edu/ark:/67531/metadc26551/m1/66/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.