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Amended Decision Sample Clauses

Amended DecisionThe Parties will file a joint motion with the Land Court for the purpose of remanding to the Planning Board its decision on Valley Green Grow’s application for definitive subdivision plan approval, with the Land Court (Judge Xxxxxx) retaining jurisdiction. The Planning Board will, in accordance with the requirements of X.X. x. 41 and the Charlton Subdivision Rules & Regulations, and after notice to abutters, publicize in a newspaper of general circulation, conduct a public hearing, and issue an amended decision approving Valley Green Grow’s definitive subdivision plan (the “Amended Decision”) for the limited and express purpose of establishing a zoning freeze for the Revised Project pursuant to G.L. 40A, § 6 (the “Zoning Freeze”). The Amended Decision will be substantially in the form attached as Exhibit A, subject to revisions and additions as indicated and reserved in brackets, such other revisions and additions as appropriate to make a fair record of the proceedings at the public hearing, and any such further revisions as may be agreed upon by the Parties as part of the public hearing process. The public notice will be posted in accordance with X.X. x. 41 and the Court’s order of remand. The Town Clerk will timely sign the Certificate of No Appeal upon satisfaction of its terms. In the event of an appeal of the Planning Board’s Amended Decision by a party other than any party hereto this Settlement Agreement, the Plaintiffs will be responsible for the defense of the Amended Decision. The Town Defendants agree to mutually cooperate in the defense of the appeal in good faith in accordance with the provisions of this Settlement Agreement.
Amended Decision. Upon reconsideration, the Court of Appeals reversed its decision, upholding Xx Xxxx’x rights as a good faith purchaser for value, due to her reliance on the Torrens title. Issues:
Amended DecisionThe Parties will jointly file a request to the Land Court in the Litigation for a remand to the ZBA for the purpose of entering an Amended Decision as contemplated by this Settlement Agreement. The ZBA will, in accordance with the requirements of M.G.L. c. 40A and after notice to abutters, publication in a newspaper of general circulation at Cultivate Counseling’s expense, and a public hearing, issue an Amended Decision amending its Counseling Use Decision and its Congregate Living Decision. The Amended Decision will be substantially in the form attached as Exhibit A, subject to revisions and additions as indicated and reserved in brackets or such other revisions and additions as appropriate to make a fair record of the proceedings at the public hearing, and any such further revisions as may be agreed upon by the Parties as part of the public hearing process. Cultivate Counseling agrees that the Amended Decision will apply only to Cultivate Counseling and shall not “run with the land” or be transferrable to another organization, entity or owner. At least two weeks in advance of the public hearing on the Amended Decision, Cultivate Counseling will submit for the ZBA’s review a formal Site Plan consistent with the requirements of the Zoning Bylaw and which includes a Parking Plan showing compliance with sec. 250-17.C.

Related to Amended Decision

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth: (i) The specific reasons for the denial; (ii) The specific reference to pertinent provisions of the Agreement on which the denial is based; (iii) A description of any additional information or material necessary for the claimant to perfect the claim and an explanation of why such material or information is necessary; (iv) Appropriate information as to the steps to be taken if the claimant wishes to submit the claim for review and the time limits applicable to such procedures; and (v) A statement of the claimant’s right to bring a civil action under ERISA Section 502(a) following an adverse benefit determination on review.

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this Agreement and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades.

  • Independent Decision The Investor is not relying on the Issuer or on any legal or other opinion in the materials reviewed by the Investor with respect to the financial or tax considerations of the Investor relating to its investment in the Shares. The Investor has relied solely on the representations and warranties, covenants and agreements of the Issuer in this Agreement (including the exhibits and schedules hereto) and on its examination and independent investigation in making its decision to acquire the Shares.

  • Independent Credit Decision The Assignee (a) acknowledges that it has received a copy of the Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements of the Borrower, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Credit Agreement.

  • SITE-BASED DECISION MAKING A. The District shall provide the training and staff development to support accountability/site- based decision-making activities. Teachers shall be given release time to attend these programs. B. Participation on the SAC shall not serve as a basis for the evaluation of any teacher. C. A minimum of three (3) to a maximum of five (5) teachers from each school shall serve on their school’s budget advisory committee formed for the purpose of making recommendations on the school’s general fund budget. Teacher members shall be elected by the faculty. Minutes from such meetings may be requested by the faculty and may be posted on the CTA bulletin board at the school by the Association Representative.

  • Independent Credit Decisions Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or related agreement or any document furnished hereunder or thereunder.