Agreed Process. Except for claims for injunctive or equitable relief or suit to compel specific performance under this Agreement as described in Section 11.12 (including suits to compel compliance with the dispute resolution process set forth in this Section 11.6), any dispute arising out of or in connection with this Agreement or its validity shall be finally resolved and settled by arbitration in accordance with this Section 11.6. With respect to any reference to a “party” or “parties” under this Section 11.6, such references shall refer to Buyer, on the one hand, and Representative, on behalf of Sellers and Owners, on the other hand, as applicable. For purposes of clarity, any disputes between the parties under Article VIII (Indemnification) shall be referred to arbitration as described in this Section 11.6.
Agreed Process. (a) Where there is a proposed pre-application meeting with an applicant, the Council will advise the applicant that Waikato-Tainui would like to participate in the meeting.
(b) Where the applicant opposes Waikato-Tainui participating in a pre-application meeting and Council Staff consider that consultation with Waikato-Tainui is necessary, Council Staff will encourage applicants to consult and seek advice and guidance from Waikato-Tainui and, where possible, to do so before the application is formally lodged.
Agreed Process. Where the Council receives an application that indicates clearly a potential adverse effect on the health and wellbeing of the Waikato River in terms of the matters addressed in the Vision and Strategy but the matter is not addressed in the AEE, that matter may be taken account of when Council determines the completeness of an application under section 88 of the RMA.
Agreed Process. (a) For applications that Waikato-Tainui has an interest in (ie, in terms of Steps 2-7 of the Protocol), the Council shall advise Waikato-Tainui of any section 91 of the RMA deferrals.
Agreed Process. Section 127 of the RMA applications will be treated in accordance with the relevant provisions of this Schedule.
Agreed Process. The Party and the Candidate both agree that the performance of the Candidate shall be measured or determined by Key Performance Areas (KPA) as set out in Annexure A, attached hereto. Assessment of the KPA’s shall be undertaken by the party leader or any selection committee appointed by the party leader, who shall decide on the outcome of the candidates KPA’s.
Agreed Process. Except for (i) claims for injunctive or equitable relief or suit to compel specific performance under this Agreement as described in Section 12.12 (including suits to compel compliance with the dispute resolution process set forth in this Section 12.6), and (ii) the dispute resolution processes set forth in Sections 2.14, 3.4, 4.3 and 7.1(b), as applicable, any dispute arising out of or in connection with this Agreement or its validity shall be finally resolved and settled by arbitration in accordance with this Section 12.6. With respect to any reference to a “party” or “parties” under this Section 12.6, such references shall refer to Buyer, on the one hand, and Representative, on behalf of the Securityholders, on the other hand, as applicable. For purposes of clarity, any disputes between the parties under Article IX (Indemnification) shall be referred to arbitration as described in this Section 12.6.
Agreed Process. At the discretion of the Company, the employee concerned may be removed from active duty and given alternate duties while the investigation takes place. In cases where the welfare of the employee or other personnel or workplace harmony may be compromised by the presence of the employee, the Company reserves the right to stand down with pay and remove from site the employee while the investigation takes place. In the event that an employee is stood down with pay in accordance with this clause, the stand down period will not be considered as part of any penalty that may or may not result following the conclusion of the appeal process. (Refer to Note 1 below for recommended communication actions at this point)
Agreed Process. The Operational Meeting will discuss respective work programmes and emerging issues, including information arising as a result of monitoring activities and plan effectiveness reviews. This will help to identify any issues that need to be addressed and whether the most appropriate method of addressing them is through a plan change, variation or review in relation to the Vision and Strategy. Where, during the course of the Operational Meetings, it is identified that a plan change, variation or review may be required, a report will be prepared for the JWP. The report will include the following:
Agreed Process. The preparation of the planning document will be undertaken in accordance with the process agreed by the JWP. This will be different for every planning document prepared in order to ensure that the process is the most appropriate in the given situation. The JWP will oversee the development of the document. This may include regular reporting from the project team, resolving any issues arising and reviewing drafts and making suggestions. The JWP will make a recommendation to the co-governance committee and/or the Council on the content of the RMA Planning Document.
