Controversies and Disputes. In any controversy, claim, demand, suit at law or other proceeding between an Employer or any other person and the Trustees, the Trustees are entitled to rely upon any facts appearing in the records of the Trustees, certified by the Union or an Employer, any facts which are of public record, and any other evidence pertinent to the issue involved. The Trustees have discretionary authority to determine all questions and controversies relating to the Trust, including the construction of any rules or regulations adopted by the Trustees. The decision of the Trustees is binding upon all persons dealing with the Trustees. If a determination of the Trustees is subject to review by a court or other authorized person or body, the decision by the Trustees must be sustained unless it is determined that the Trustees acted in an arbitrary and capricious manner.
Controversies and Disputes. (a) The Trustees shall, pursuant to the rules and regulations adopted by the Trustees, the terms of the Benefit Plan or Plans, and the requirements of section 503 of ERISA and regulations thereunder, see to the processing of all disputed applications for benefits submitted by any person claiming to be entitled to benefits under a Benefit Plan and issue decisions upon such disputed applications, but shall not be held personally liable for the payment of such claims. Benefits under a Benefit Plan will be paid only if the Trustees decide in their discretion that the applicant is entitled to them.
Controversies and Disputes. VIIIAvailability of Funds The parties recognize that payments by the District to the Head Start Grantee under this Agreement are expressly dependent upon, and subject to the availability to the District of state funds. The Head Start Grantee is aware that the District's receipt of state funds is expressly conditional upon allocation, review and approval by the DOE. In accordance with the Head Start Program Performance Standards,45 CFR §§1301-1305 and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 34 CFR Part 75, the parties may not, under any circumstances, allow the use Head Start funding to cover expenses incurred to benefit the District contracted portion of the Head Start Grantee’s program. IXTerm of Agreement The term of this Agreement shall be July 1, 2023 to June 30, 2024. XRenewal or Non-Renewal of a Preschool Program Contract The District Board of Education, DOE and Head Start Grantee shall use the following processes for renewal or non-renewal of the Head Start Grantee preschool program contract: For all Head Start Grantee contract renewals: The District shall notify any Head Start Grantee, in writing on or before May 1 of each contract year, of its intent to renew the preschool program contract for an additional one-year term. The Head Start Grantee shall notify the District in writing within thirty (30) days of receipt of a renewal notice from the District of its acceptance or rejection of the offer to renew the Agreement for one year. For all Head Start Grantee contract non-renewals: The District shall notify the Head Start Grantee, the DOE, Division of Early Childhood Services, and DCF, in writing, with a full explanation on or before May 1 of any contract year of the intent to not renew any Head Start Grantee’s preschool program contract for an additional one-year term and/or an intention to reduce slots The notification shall include the reason(s) for non-renewal or slot reduction, including, but not limited to: Fiscal mismanagement: The District must provide documentation verifying evidence of the Head Start program’s fiscal mismanagement as well as documentation that the district attempted to assist the Head Start Program to correct fiscal mismanagement issues. Poor classroom quality: The District must provide evidence that it first assessed classroom quality and created a classroom quality improvement plan in accordance with Section V of this Agreement. Available in-District classroom spa...
Controversies and Disputes. Upon non-renewal, the District shall recover from the local Head Start agency all playground materials, playground equipment both installed and uninstalled, start-up classroom materials and start-up classroom technology or the monetary equivalent thereof, based upon funding for said items as approved by the DOE. The amount to be recovered shall be at least equal to the amount approved for the initial start-up costs. XI TERMINATION OF A PRESCHOOL PROGRAM CONTRACT
Controversies and Disputes. XIIISubcontracting and Assignment The Head Start Grantee shall not subcontract and/or assign services to be provided pursuant to Section I of this Agreement, without written approval from the District and the Commissioner. The Head Start Grantee agrees to make all records of any subcontractor available to the District, the DOE, the DCF and any federal agency whose funds are expended during the course of this Agreement for the purpose of review. All subcontracts entered into by the Head Start Grantee shall include a provision whereby the Subcontractor acknowledges its obligation to make all pertinent records available to the District, the DOE, the DCF and any federal agency whose funds are expended in the course of this Agreement. The subcontractor shall comply with all applicable laws and regulations. XIVIndemnification The Head Start Grantee shall assume all risk of and responsibility for, and agrees to indemnify, defend and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs, and expenses in connection therewith on account of the loss of life, property or injury or damages to the person, body or property of any person or persons, whatsoever, which shall arise from or result directly or indirectly from (1) the work, service or materials provided under this Agreement; or (2) any failure to perform the Head Start Grantee’s obligations under this Agreement or any improper or deficient performance of the Head Start Grantee’s obligations under this Agreement. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this Agreement. Furthermore, the provisions of this indemnification clause shall in no way limit the obligations assumed by the Head Start Grantee under this Agreement, nor shall they be construed to neither relieve the Head Start Grantee from any liability nor preclude the State from taking other actions available to it under any other provision of this Agreement or at law. The Head Start Grantee shall immediately notify the District and the DOE in writing of any action or suit pending or filed or any claim which may result in litigation against the District and/or the State of New Jersey by any person, organization or other entity.
Controversies and Disputes. 14.1 The Parties agree that this CONTRACT shall be governed by the laws of Brazil and its courts shall have jurisdiction over any dispute that may occur from or related to this CONTRACT. Both CHEMBIO and FIOCRUZ recognize they shall not be considered excluded from adjudication and compliance with their obligations under this CONTRACT concerning countries other than Brazil (including, but not limited to the compliance with any restriction of one of the Parties outside the TERRITORY) by courts outside Brazil.
Controversies and Disputes. 5. Upon non-renewal, the District shall recover the monetary value of start-up materials, limited to playground equipment, non-consumable start-up materials, and start-up classroom technology based on DOE approved items. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower.
Controversies and Disputes e. Upon non-renewal, the District shall recover from the Provider all playground materials, playground equipment both installed and uninstalled, start-up classroom materials and start-up classroom technology or the monetary equivalent thereof. The amount to be recovered shall be determined by current market value or depreciated value of said items (as per Federal Depreciation schedule), whichever is lower. XI Termination of a Preschool Program Contract (see N.J.A.C. 6A:13A-9.4(b))
Controversies and Disputes. 20 Where the Administrators cannot timely resolve a matter in controversy, the matter shall be elevated for the Mayor and
Controversies and Disputes. Subcontracting and Assignment The Head Start Grantee shall not subcontract and/or assign services to be provided pursuant to Section I of this Agreement, without written approval from the District and the Commissioner. The Head Start Grantee agrees to make all records of any subcontractor available to the District, the DOE, the DCF and any federal agency whose funds are expended in the course of this Agreement for the purpose of review. All subcontracts entered into by the Head Start Grantee shall include a provision whereby the Subcontractor acknowledges its obligation to make all pertinent records available to the District, the DOE, the DCF and any federal agency whose funds are expended in the course of this Agreement.
