AND DISPUTES. Sec.
1. In any controversy, claim, demand, suit at law, or other proceeding between any participant, beneficiary, or any
2. All questions or controversies, of whatsoever character, arising in any manner or between any parties or persons in connection with the Fund or the operation thereof, whether as to any claim for any benefits preferred by any participant, beneficiary, or any other person, or whether as to the construction of the language or meaning of the rules and regulations adopted by the Trustees or of this instrument, or as to any writing (including a collective bargaining agreement or other Union-Employer agreement in cases where the interpretation is necessary in order to determine the application of the terms of this Agreement, a participation agreement, the active or retiree plan or any other Fund document to the provisions of the collective bargaining agreement or other Union-Employer agreement), decision, instrument or accounts in connection with the operation of the Trust Fund or otherwise, shall be submitted to the Trustees, or to a committee of Trustees, and the decision of the Trustees or of such committee thereof shall be binding upon all parties or persons dealing with the Fund or claiming any benefit thereunder. The Trustees are vested with discretionary and final authority in making all such decisions, including Trustee decisions upon claims for benefits by participants and beneficiaries of the Fund and including Trustee decisions construing plan documents of the Fund. To the extent this section is contrary to or inconsistent with any agreement between the Fund and an investment manager, this section shall be inapplicable.
3. The Trustees may, in their sole discretion, compromise or settle any claim or controversy in such manner as they think best, and any decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement agreement entered into by the Trustees, shall be conclusive and binding on all parties interested in this Trust. To the extent this section is contrary to or inconsistent with any agreement between the Fund and an investment manager, this section shall be inapplicable.
AND DISPUTES. This Agreement shall be governed by the laws of the United States and the Commonwealth of Virginia. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in Arlington County, Virginia, or Washington, D.C. in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
AND DISPUTES. All obligations under this Agreement shall be subject to the availability of appropriated funds authorized for these purposes.
AND DISPUTES. There will be during the term of this Agreement and as to any work covered hereby, no slowdown, stoppage of work, no strike and no lockout over the and conditions of this Agreement, it being the faith and intention of the parties hereto that by the execution of this Agreement, industrial peace shall be brought about and maintained, that the parties shall cooperate to the end that work may be done efficiently and without interruption. In the case of any violation of this Agreement, the Employer and the Union shall be
AND DISPUTES. 1. The Coordinating Agents may enter into Implementing Arrangements to carry out the provisions of this Agreement. Such Implementing Arrangements shall be concluded by the Coordinating Agents and the Croatian Coordinating Agent will inform the United States Coordinating Agent whether the Implementing Arrangement will be co-signed by an authorized representative of the Croatian ministry competent for the individual Implementing Arrangement in question.
2. Any divergence in views or dispute regarding the interpretation or application of this Agreement shall be submitted to a committee consisting of the representatives of the competent Croatian bodies and the representatives of the United States forces in Croatia. If the committee can not make a decision in a particular case, the dispute will be resolved by consultation between the Parties and shall not be referred to any national or international tribunal or any third party for settlement.
AND DISPUTES. The parties hereto desire that every complaint shall be dealt with as it justly deserves as quickly as possible and that adjustment of everyjustified complaint shall be promptly made. During the discussion of a grievance, if it is mutually agreed that witnesses would aid in settling the grievance they may be requested to attend.
AND DISPUTES. Sec.
1. In any controversy, claim, demand, suit at law, or other proceeding between any participant, beneficiary, or any other person and the Trustees, the Trustees shall be entitled to rely upon any facts appearing in the records of the Trustees, any instruments on file with the Trustees, with the Union or with the Employers, any facts certified to the Trustees by the Union or the Employers, any facts which are of public record, and any other evidence pertinent to the issue involved.
2. All questions or controversies, of whatsoever character, arising in any manner or between any parties or persons in connection with the Fund or the operation thereof, whether as to
3. The Trustees may, in their sole discretion, compromise or settle any claim or controversy in such manner as they think best, and any decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement agreement entered into by the Trustees, shall be conclusive and binding on all parties interested in this Trust. To the extent this section is contrary to or inconsistent with a Named Fiduciary Agreement, this section shall be inapplicable.
AND DISPUTES. Sec.
1. In any controversy, claim, demand, suit at law, or other proceeding between any participant, beneficiary, or any other person and the Trustees, the Trustees shall be entitled to rely upon any facts appearing in the records of the Trustees, any instruments on file with the Trustees, with the Union or with the Employers, any facts certified to the Trustees by the Union or the Employers, any facts which are of public record, and any other evidence pertinent to the issue involved.
2. All questions or controversies, of whatsoever character, arising in any manner or between any parties or persons in connection with the Fund or the operation thereof, whether as to any claim for any benefits preferred by any participant, beneficiary, or any other person, or whether as to the construction of the language or meaning of the rules and regulations adopted by the Trustees or of this instrument, or as to any writing (including a collective bargaining agreement or
3. The Trustees may, in their sole discretion, compromise or settle any claim or controversy in such manner as they think best, and any decision made by the Trustees in compromise or settlement of a claim or controversy, or any compromise or settlement agreement entered into by the Trustees, shall be conclusive and binding on all parties interested in this Trust. To the extent this section is contrary to or inconsistent with any agreement between the Fund and an investment manager, this section shall be inapplicable.
AND DISPUTES. 1. All obligations under this Agreement are subject to the availability of appropriated funds authorized for these purposes.
2. As appropriate, the Parties or their Executive Agents may enter into implementing arrangements to carry out the provisions of this Agreement.
3. The Parties or their Executive Agents shall meet annually at a mutually determined location to consult on the defense relationship, activities undertaken pursuant to this Agreement, and other matters of mutual interest.
4. The Executive Agents shall consult as necessary, but not less often than annually, to ensure the proper implementation of this Agreement. The Executive Agents shall develop procedures for consultation between their respective staffs on all matters concerning the effective implementation of this Agreement.
5. Disputes shall be resolved at the lowest level possible and, as necessary, elevated to the Executive Agents for consideration and resolution. Those disputes that cannot be resolved by the Executive Agents shall be referred to the Parties for consultation and resolution, as appropriate.
6. Disputes and other matters subject to consultation under this Agreement shall not be referred to any national court, or to any international court, tribunal, or similar body or to any other third party for settlement.
1. This Agreement shall enter into force on the date of the later note in an exchange of notes between the Parties indicating that each Party has completed its internal procedures necessary for entry into force of this Agreement.
2. Upon entry into force, this Agreement shall supersede the Agreement Between the Government of the United States of America and the Government of the Republic of Estonia Regarding Access to and Use of Facilities and Areas Located Within the Republic of Estonia, effected by exchange of notes at Tallinn, May 11 and June 9, 2015.
3. This Agreement may be amended by written agreement of the Parties.
4. This Agreement shall have an initial term of ten years. After the initial term, it shall continue in force, but may be terminated by either Party upon one year’s written notice to the other Party through diplomatic channels.
5. Annex A appended to this Agreement shall form an integral part of this Agreement and may be amended by written agreement of the Parties or their Executive Agents.
AND DISPUTES. 1. All obligations under this Agreement shall be subject to the availability of appropriated funds authorized for these purposes.
2. In furtherance of this Agreement, the appropriate authorities of the Parties under their respective laws may exchange information, including personal data, as necessary and appropriate. Any information exchanged in connection to activities under this Agreement, including personal data, is for the purpose of enhancing defense and security cooperation. The Parties shall protect the information received from the other Party in accordance with applicable international agreements between the Parties and their respective laws and regulations.
3. As appropriate, the Parties or their Executive Agents may enter into implementing agreements or arrangements to carry out the provisions of this Agreement.
4. The Executive Agents shall consult as necessary to ensure the proper implementation of this Agreement. The Executive Agents shall develop procedures for consultation between their respective staffs on all matters concerning the effective implementation of this Agreement.
5. Disputes concerning interpretation and application of this Agreement shall be resolved at the lowest level possible and, as necessary, elevated to the Executive Agents for consideration and resolution. Those disputes that cannot be resolved by the Executive Agents shall be referred to the Parties for consultation and resolution, as appropriate.
6. Disputes and other matters subject to consultation under this Agreement shall not be referred to any national court, or to any international court, tribunal, or similar body or to any other third party for settlement.
1. This Agreement shall enter into force on the first (1st) day of the second (2nd) month following the date of the later note by which the Parties notify each other through diplomatic channels of the fulfillment of their respective domestic procedures necessary for the entry into force of this Agreement.
2. This Agreement may be amended by written agreement of the Parties.
3. This Agreement shall have an initial term of ten (10) years. After the initial term, it shall continue in force, but may be terminated by either Party upon one (1) year’s written notice to the other Party through diplomatic channels.
4. Annex A to this Agreement shall form an integral part of this Agreement and may be amended by written agreement of the Parties or their Executive Agents.
