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271 CONTRACT TO THE CITY OF SAN MARCOS - QT- 2901/3 returning it to the Customer. In providing these reviews, both the Customer and New Dawn avoid unnecessary delays in approval and will assist in achieving timely project delivery. New Dawn will be responsible for the submission of applicable deliverables to the Customer for review and approval and will provide deliverables in a timely manner. The Customer will provide formal written acceptance or rejection of each deliverable within ten (1o) business days following the receipt of the deliverable by the Customer, unless otherwise mutually agreed to by the New Dawn Project Manager and the Customer Project Manager or listed otherwise in this SOW. The Customer will provide all comments in writing (via email, letter, or fax) on the deliverables in accordance with the time frames and requirements described below, providing reasonable detail sufficient to identify any deviation from the agreed upon acceptance criteria. New Dawn will use every effort to correct any deficiencies or non - conformities and resubmit the rejected items as promptly as possible, following the same process as set forth below. Should the parties be unable to agree upon whether a deliverable materially satisfies the agreed acceptance criteria, both parties agree to utilize the issue resolution procedures defined hereafter. If the Customer rejects a deliverable in accordance with the above, then New Dawn will re- deliver a corrected deliverable in a reasonable timeframe and the Customer will accept or reject such deliverable in accordance with the above in a reasonable timeframe. Failure to respond within any applicable ten (1o) business day period will result in initiation of the issue resolution procedures defined hereafter. 2.10 Issue Resolution The parties will attempt in good faith to resolve any issue, controversy or claim arising out of or relating to this Statement of Work promptly by negotiations between representatives and senior executives or officials of the parties who have authority to settle the controversy as follows (with applicable travel costs shared by both parties) : a) If an issue, controversy or claim should arise, the Customer Project Manager and the New Dawn Project Manager will meet at least once and will attempt to resolve the matter. Either project manager may request the other to meet in person or via video conference within seven (7) business days, at a mutually agreed date, time, and place. b) If the matter has not been resolved within five (5) business days of their first meeting, the New Dawn Project Manager and the Customer Project Manager will refer the matter to parties independent from the project, including a Customer's senior executive and a New Dawn senior executive. Thereafter, the project managers will promptly prepare and exchange memoranda stating (a) the issues in dispute and respective positions, summarizing supporting evidence and arguments, the negotiations which have taken place, and attaching relevant documents and (b) the name and title of the independent parties who will represent each party. The independent parties will meet for negotiations at a mutually agreed date, time, and place within seven (7) business days of the end of the initial five (5) business day period and, thereafter, as often as reasonably deemed necessary to exchange relevant information and to attempt to resolve the issue. c) At the mutual agreement of Customer and New Dawn, if the matter has not been resolved within fourteen business (14) days of the initial meeting or in such time frame as is mutually agreed to by Customer and bv VLNewDawn