Arbitration —No Work Stoppage Sample Clauses

Arbitration —No Work Stoppage. The provisions of this Section 13.1 apply where work hereunder is not stopped in connection with a claim or dispute between Utility and MTA. If work is stopped in connection with such a claim or dispute, the provisions of Section 13.2 shall apply instead.
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Arbitration —No Work Stoppage. 13.4.1 Failing a resolution through the good faith efforts described above, in the absence of good faith efforts to resolve, or in the event the parties are unable to agree upon the terms of such further agreements as are herein required to be executed by the parties, either party may serve upon the other a written demand for arbitration. The parties shall, within ten (10) Days thereafter, or within such extended period as they shall agree to in writing, attempt to agree upon a mutually satisfactory arbitrator. If they are unable to agree, each party, prior to the expiration of the ten-day or extended period, shall designate one person to act as arbitrator. The two designated arbitrators shall promptly select a third arbitrator (“neutral arbitrator”) to form a three-person panel. If either party fails to designate its arbitrator within ten Days after the date of delivery of the demand for arbitration or the agreed extended period, or if the two designated arbitrators are unable to select a neutral arbitrator within five (5) Days after appointment, a neutral arbitrator shall be designated pursuant to Section 1281.6 of the California Code if Civil Procedure who shall hear the matter as the sole arbitrator.
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Arbitration —No Work Stoppage. Amend Article 1.41 of the General Agreement by deleting Article 1.41 in its entirety and replacing it with the following new Article 1.41 as follows:
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Arbitration —No Work Stoppage. If a dispute arises out of or relates to this Agreement, or its breach, the parties agree to submit the dispute to a sole mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration Association ("AAA"). If not thus resolved, it shall be referred to arbitration by the parties within thirty (30) days of the mediation governed by the United States Arbitration Act, and judgment on the award may be entered in Lucent Technologies Proprietary -15- Contract No.: LNM970313MP any court having jurisdiction. Any such arbitration shall proceed before three (3) arbitrators. The party invoking arbitration (the "Claimant Party") shall notify the other party (the "Respondent Party") in writing (i) setting forth its basic position in the dispute, (ii) requesting the Respondent Party promptly to appoint its arbitrator and to notify the Claimant Party of such person's identity. The Respondent Party shall within thirty (30) days thereafter appoint its own arbitrator and immediately advise the Claimant Party in writing of the identity of the arbitrator. If the Respondent Party has not notified the Claimant Party within the thirty (30) days of the identity and appointment of its arbitrator, such arbitrator shall thereupon, at the request of the Claimant Party, be promptly appointed in accordance with the rules of the U.S. Arbitration Act. The two (2) arbitrators so appointed shall, within fifteen (15) calendar days after the date as of which they have both been identified, select any person agreeable to both of them to serve as the third arbitrator and chairman. If the two (2) arbitrators appointed on behalf of the respective parties fail to agree, as provided above, such third arbitrator shall promptly be appointed in accordance with said rules. The arbitrators may determine issues of arbitrability, but may not award punitive damages or limit, expand or otherwise modify the terms of this Agreement. The parties, their representatives, other participants and the mediator and arbitrators shall hold the existence, content and result of mediation and arbitration in confidence. Subject to Seller's rights to hold, delay shipment, and/or reject any order for the specific reasons identified in Article 1.5 of this Agreement, Seller agrees not to stop work being performed hereunder during the pendency of a good faith dispute between the parties.
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Related to Arbitration —No Work Stoppage

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:

  • No Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its subsidiaries exists or, to the knowledge of the Company, is contemplated or threatened, and the Company is not aware of any existing or imminent labor disturbance by, or dispute with, the employees of any of its or its subsidiaries’ principal suppliers, contractors or customers, except as would not have a Material Adverse Effect.

  • Mediation/Arbitration All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

  • Applicable Law; Dispute Resolution i. This Agreement, and all claims, disputes or disagreements arising out of or connected with this Agreement, its validity or any breach thereof, shall be governed by the laws in effect in the State of Texas (excluding conflicts of laws provisions), and to the extent applicable to maritime issues, the maritime laws of the United States (excluding conflict of laws provisions).

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

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