Administrative Remedy Sample Clauses

Administrative Remedy. [Not Yet Approved] After a determination process pursuant to Article VII of this MOU, any Member who has been refused the ability to list on the IRS Free File Website and/or has been removed from the IRS Free File Website by the IRS, or mutually by the IRS and the Alliance, may challenge the determination to the General Services Board of Contract Appeals (“GSBCA”) in accordance with the GSBCA’s Rule of Procedure 204. The GSBCA’s review is authorized by the Alternative Dispute Resolution laws and regulations issued by the United States Government and is in lieu of any litigation in any court. 8.2.1 The GSBCA will be the exclusive venue for resolving disputes concerning any action taken by the IRS or the IRS and the Alliance under the terms of this MOU as described in 8.2. 8.2.2 The Alliance shall be responsible for paying the GSBCA for all costs incurred by the GSBCA in any proceeding related to this provision. Each party to the adjudication shall initially pay its own costs and fees. For the purposes of this section, a party to an adjudication may include any Member, the Alliance and/or the IRS. 8.2.3 If the IRS, or mutually by the IRS and the Alliance, had determined not to permit a New Market Entrant to list its offering on the IRS Free File Website, the IRS may permit the New Market Entrant to use this provision to review the decision not to permit the New Market Entrant’s listing on the IRS Free File Website. For the purposes of this Section, the payment provisions of Section 5.1.2 apply to any adjudication brought by a New Market Entrant. 8.2.4 A Member, or New Market Entrant who does not prevail in its appeal before the GSBCA is required to pay one hundred percent (100%) of the costs, fees and expenses incurred by the GSBCA and the Alliance. The Alliance will invoice the Member and/or New Market Entrant for such costs, fees and expenses and the Member and/or New Market Entrant shall pay the Alliance within ten (10) days of presentation of an invoice for such amount. If the Member does not pay these costs, they are no longer in good standing and cannot participate in Alliance meetings or be posted on the IRS website. 8.3 The following rules apply to all GSBCA proceedings: the Member and/or New Market Entrant who challenges an IRS determination or a joint determination of the IRS and the Alliance under Section VII or VIII of this MOU shall not be entitled to any monetary remedies and the Member’s and/or New Market Entrant’s sole and only remedy shall b...
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Administrative Remedy. If a dispute occurs as to the meaning hereof, then prior to resort to any other legal remedy, such dispute shall be resolved by the City’s Purchasing Division.
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Administrative Remedy. All disputes, controversies or claims arising under or relating to this Agreement shall be presented to the Executive Director of the System for disposition. The Executive Director’s decision shall be deemed an exhaustion of all administrative remedies. However, the Executive Director’s decision shall not preclude resorting to judicial remedy.
Sample 1
Administrative Remedy. After a determination process pursuant to Article 6 of this MOU, any Member who has been refused the ability to list on the IRS Free File Website and/or has been removed from the IRS Free File Website by the IRS, or mutually by the IRS and FFI, may challenge the determination to the Civilian Board of Contract Appeals (CBCA) in accordance with the CBCA’ s Rule of Procedure. The CBCA’s review is authorized by the Alternative Dispute Resolution laws and regulations issued by the U.S. Government and are in lieu of any litigation in any court. 7.2.1 The CBCA will be the exclusive venue for resolving disputes concerning any action taken by the IRS or the IRS and FFI under the terms of this MOU as described in 7.2. 7.2.2 FFI shall be responsible for paying the CBCA for all costs incurred by the CBCA in any proceeding related to this provision. Each party to the adjudication shall initially pay its own costs and fees. For the purposes of this section, a party to adjudication may include any Member, FFI, and/or the IRS.
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Administrative Remedy. After a determination process pursuant to Article 6 of this MOU, any Member who has been refused the ability to list on the IRS Free File Website and/or has been removed from the IRS Free File Website by the IRS, or mutually by the IRS and FFI, may challenge the determination to the Civilian Board of Contract Appeals (CBCA) in accordance with the CBCA’ s Rule of Procedure. The CBCA’s review is authorized by the Alternative Dispute Resolution laws and regulations issued by the U.S. Government and are in lieu of any litigation in any court. 1. The CBCA will be the exclusive venue for resolving disputes concerning any action taken by the IRS or the IRS and FFI under the terms of this MOU as described in 7.2. 2. FFI shall be responsible for paying the CBCA for all costs incurred by the CBCA in any proceeding related to this provision. Each party to the adjudication shall initially pay its own costs and fees. For the purposes of this section, a party to adjudication may include any Member, FFI, and/or the IRS. 3. If the IRS, or mutually by the IRS and FFI, determines not to permit a New Market Entrant to list its offering on the IRS Free File Website, the IRS and FFI, by mutual agreement, may permit or refuse the New Market Entrant the right to use this provision to review the decision not to permit the New Market Entrant’s listing on the IRS Free File Website. For the purposes of this Section, the payment provisions of Section 7.2.2 apply to any adjudication brought by a New Market Entrant.
Sample 1
Administrative Remedy. If no amicable settlement is reached within sixty (60) days from receipt by the other party of the written notice, the concerned party shall file a complaint before the Office of the Solicitor General or the Secretary of Justice, depending on the nature of controversy, following the rules of procedure of the said offices for dispute settlement where contending parties are government agencies, bureaus, or government owned and controlled corporations. Alternative legal remedies may likewise be availed of.
Sample 1

Related to Administrative Remedy

  • Cumulative Remedies The remedies provided herein are cumulative and not exclusive of any remedies provided by law.

  • Exclusive Remedies Subject to Section 10.13, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity, or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VIII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under Law, any and all rights, claims, and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this ARTICLE VIII. Nothing in this Section 8.08 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party’s fraud, criminal activity, or intentional misconduct.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • WAIVER AND CUMULATIVE REMEDIES No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

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