ADR Procedures. Any Dispute referred to ADR under this Agreement shall be resolved as follows:
ADR Procedures. A Party claiming a dispute shall give Notice of 37 the dispute within 30 days of the Party’s actual knowledge of the act, event, or omission 38 that gives rise to the dispute, unless this Settlement provides otherwise. If the dispute 39 includes a claim regarding an Inconsistent License and the claim arises prior to rehearing 40 or appeal, the Notice shall be made within the time periods specified in Paragraphs 4.2. If 41 the dispute includes a claim regarding an Inconsistent License, and the claim arises 42 during or after rehearing or appeal, the Notice shall be made within the time period 43 specified in Paragraphs 4.3. At a minimum and in any dispute subject to these ADR 44 procedures, the Disputing Parties shall hold two informal meetings within 30 days after 45 Notice, to attempt to resolve the disputed issue(s). Any Disputing Party may request that
46 a FERC employee facilitate these informal meetings to assist in resolving the dispute. If 1 the informal meetings fail to resolve the dispute, the Disputing Parties shall attempt to 2 resolve the dispute using a neutral mediator jointly selected within 15 days after Notice 3 by a Disputing Party that the informal meetings did not resolve the dispute. The 4 Disputing Parties shall select a mediator from the sources described in 18 CFR 5 §385.604(c)(3). Absent an agreement for equitable allocation of costs of the mediator, the 6 Parties shall select a FERC employee as mediator. The mediator shall mediate the
ADR Procedures. All claims, disputes and matters in controversy arising out of, or related to this Agreement, or the breach thereof (“Disputes”), shall be settled in accordance with the procedures set forth in this Article and in Attachment P (the “ADR Procedures”).
ADR Procedures. Designated Claims shall be subject to and resolved in accordance with the ADR Procedures, incorporated herein by reference. If the ADR Procedures are terminated with respect to a Designated Claim, the Reorganized Debtors, or the Distribution Agent, as applicable, shall have until the Claims Objection Deadline or, if the Claims Objection Deadline has passed, one hundred and eighty (180) days from the date of termination of the ADR Procedures with respect to such Claim to file and serve an objection to such Claim.
ADR Procedures. The ADR Procedures are as follows:
ADR Procedures. The ADR method shall be selected voluntarily by both the Government and the contractor. Both parties shall agree on the proce- dures to be followed, including the agenda and amount of time allowed for each party to present its case. The par- ties may choose not to have a written transcript or hearing on the record, as this might inhibit settlement. Also, the decision rendered, if any, should not be considered to establish any precedent for future litigation unless the parties agree otherwise. In cases where the parties agree to pay jointly for a third-party neutral advisor, it is recommended that the parties and the advisor agree on a fair and reasonable price. The Government would then issue a simplified acquisition (if the dollar amount does not exceed the sim- plified acquisition threshold) for 50% of the agreed price, and the advisor would submit separate invoices (each for 50% of the price) to the Government and the contractor. [59 FR 66764, Dec. 28, 1994, as amended at 64 FR 43628, Aug. 11, 1999; 80 FR 6922, Feb. 9, 2015] 636.570 Additional DOSAR provisions. 636.602 Selection of firms for architect-engi- 634.003 Responsibilities. 634.005 General requirements. 634.005–6 Full production.
ADR Procedures. 14.2.1 Notice...........................................................................................................
ADR Procedures. A Party claiming a dispute shall give Notice of the dispute within 30 days of the Party’s actual knowledge of the act, event, or omission that gives 26 rise to the dispute, unless the Settlement provides otherwise. If the dispute includes a claim that any New Project License article, Section 4(e) Condition, 401 Certification, or other mandatory license condition is Inconsistent with the Settlement, and the claim 1 arises prior to rehearing or appeal, the Notice shall be made within the time periods specified in Paragraphs 4.3.1, 4.3.2, 4.3.3, or 4.3.4, respectively. If the dispute includes a claim that any New Project License article, Section 4(e) Condition, 401 Certification or 3 other mandatory license condition is Inconsistent with the Settlement, and the claim arises during or after rehearing or appeal, the Notice shall be made within the time
ADR Procedures. Any Dispute referred to ADR under this Agreement shall be resolved as follows:
1. To begin an ADR proceeding, a Party shall provide written notice to the other Party of the Dispute to be resolved by ADR. Within [***] days after its receipt of such notice, the other Party may, by written notice to the Party initiating the arbitration, add additional issues to be resolved within the same ADR. Thereafter, no new issues can be added absent consent of the tribunal, which consent shall be granted for good cause. In assessing whether good cause exists for permitting the addition of new issues, the tribunal shall consider all relevant factors, including whether justice is served by allowing the addition of new issues, whether a Party unduly delayed in seeking to add a new issue, and whether the other Party would be unfairly prejudiced by the addition of the new issues. The ADR shall be administered by JAMS pursuant to the then-current JAMS Comprehensive Rules and Procedures, except as modified under this Schedule 13.6.4.
2. Within [***] days following the initiation of the ADR proceeding, the Parties shall select a mutually acceptable independent, impartial and conflicts-free neutral from the JAMS list of neutrals to preside in the resolution of all issues in this ADR proceeding. If the Parties are unable to agree on a mutually acceptable neutral within such period, each Party will select one independent, impartial and conflicts-free neutral (who does not need to be from the JAMS list) and, within [***] days thereafter, those two neutrals will select a third independent, impartial and conflicts-free neutral from the JAMS list of neutrals to preside as the chair of the panel of such three neutrals (such neutral(s), the “Neutral”). None of the neutrals selected may be current or former employees, officers or directors of either Party or its Affiliates. Furthermore, the following provisions shall supplement (but not replace) the provisions of the JAMS Comprehensive Rules and Procedures regarding neutrality:
(a) A person shall be deemed to have a conflict, and shall not be appointed as a Neutral absent the consent of both parties, if such person (i) has presided over an evidentiary hearing relating to, or issued a ruling on, the merits of a dispute, involving either Party; (ii) has conducted a mediation involving either Party, or (iii) has been retained to perform and has performed professional services for either Party within the last 10 years. The “merits of a dispu...
ADR Procedures. In the event a dispute arises requiring expedited APR procedures, the following procedures will be followed:
