Authority Decision Sample Clauses

Authority Decision. Before the Contractor may submit any matter to dispute resolution hereunder, it must first obtain a final Authority decision in accordance with the following procedures. If the Contractor objects to any decision, action, order or position of the Authority (including any rejection or modification of a proposed Change Order by the Authority), as a condition precedent to referral of a dispute, the Contractor shall first seek to resolve the dispute through the partnering process, including escalation of the dispute through all levels of the Issue Resolution Ladder. If the dispute is not resolved through partnering, the Contractor shall file a written request for an Authority decision with the Authority, within 14 days after completion of the partnering effort. The request shall state clearly, and in detail, the basis for the objection, a statement of the facts asserted, the nature and amount of the costs involved, the Contractor’s plan for mitigating such costs and its best estimate of the schedule impact of the matters that give rise to the potential dispute. The Authority will consider any timely filed written objection and provide a written response on the basis of the pertinent Contract provisions, together with the facts and circumstances involved in the dispute. The response will be furnished, in writing, to the Contractor within two weeks after receipt of the Contractor's written objection, provided that, if no written decision is issued, the Authority shall be deemed to have denied the Contractor's written objection and a response to that effect shall be deemed received by the Contractor at the end of such two-week period. The decision of the Authority shall be final and conclusive unless, on or before the 28th day from the date of receipt of such copy, the Contractor furnishes a written appeal to the Authority’s Chief Executive Officer or designee. In connection with any appeal of the Authority's decision, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. If the Chief Executive Officer or designee fails to issue a new decision within two weeks after the date on which the appeal is submitted, the Authority’s previous decision shall be final and conclusive at the end of the two-week period. If the Chief Executive Officer or designee issues a new decision within the two-week period, such decision shall be the Authority’s decision and shall be final and conclusive unless the dispute is referred to ...
Sample 1
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Authority Decision. Based on the evidence submitted by Contractor, Authority may grant the rate increase, grant an increase less than that requested, or deny the increase.
Sample 1
Authority Decision. ‌ Authority shall issue a decision on the written request within 60 days after receiving the request and all supporting data and documentation. A decision from Authority shall be a condition precedent to pursuing relief under this Article. In the event the Parties are unable to settle a dispute within 30 days from Authority issuing a decision pursuant to this Article 31.2, the Parties may attempt to resolve the dispute through direct discussions between the Chief Operating Officer of Authority and the Chief Operating Officer of Contractor, or their respective designees. Such persons shall confer as often as they deem reasonably necessary to discuss the dispute and negotiate in good faith toward resolution. The specific format for the discussions shall be left to the discretion of such representatives, but may include the preparation of agreed-upon statements of fact or written statements of position. If requested by Contractor, such discussions shall take place within 60 days after such request.
Sample 1

Related to Authority Decision

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • COURT'S DECISION 33.01 In the event of any articles or portions of this Agreement being held improper or invalid by any Court of Law or Labour Relations Board, such decision shall not invalidate any other portions of this Agreement than those directly specified by such decision to be invalid, improper or otherwise unenforceable.

  • Authority of the Arbitrator i. It is the intent of both parties to this Collective Agreement that no grievance shall be defeated merely because of a technical error in processing the grievance through the grievance procedure. To this end an arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case. ii. The arbitrator shall not have jurisdiction to alter or change the provisions of the Collective Agreement or to substitute new ones. iii. The provisions of this article do not override the provisions of the B.C.

  • Decision Making The Joint Development Committee and Joint Commercialization Committee shall each act by unanimous agreement of its members, with each Party having one vote. If the Joint Development Committee or Joint Commercialization Committee, after [* * *] (or such other period as the Parties may otherwise agree) of good faith efforts to reach a unanimous decision on an issue, fails to reach such a unanimous decision, then either Party may refer such issue to the Executive Officers. Such Executive Officers shall meet promptly thereafter and shall negotiate in good faith to resolve the issues. If Executive Officers cannot resolve such issue within [* * *] of referral of such issue to the Executive Officers, the resolution of such issue shall be as follows: (a) if such issue properly originated at the Joint Development Committee, determined by the Developing Party of the relevant Licensed Compound or Licensed Product at issue; provided that, notwithstanding the foregoing: (i) if Acceleron is the Developing Party and such issue relates to (x) the approval of an Additional Development Disease, or (y) matters under Section 5.6.3(d), then such issue shall be determined by [* * *]; (ii) regardless of which Party is the Developing Party, such issue shall be determined by [* * *] following the earliest of: (x) [* * *], and (y) the Joint Development Committee’s decision to go forward with a Phase 3 Clinical Trial of the relevant Licensed Compound or Licensed Product; provided that [* * *] shall continue to determine any issues that relate to the budget for and the conduct of the [* * *]; and (iii) regardless of which Party is the Developing Party, such issue shall be determined by [* * *] following the earliest of: (x) [* * *], and (y) the occurrence of any [* * *]; and (b) if such issue properly originated at the Joint Commercialization Committee, determined by Celgene. Notwithstanding the foregoing, none of Acceleron, Celgene, the Joint Development Committee or the Joint Commercialization Committee may make any decision inconsistent with the express terms of this Agreement without the prior written consent of each Party.

  • Decision-Making Authority BMS shall have the sole decision-making authority for the operations and Commercialization strategies and decisions, including funding and resourcing, related to the Commercialization of Products; provided that such decisions are not inconsistent with the express terms and conditions of this Agreement, including BMS’ diligence obligations set forth in Section 5.1.

  • Arbitrator Authority The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Section and to determine any procedural questions which grow out of such disputes, claims or causes of action and bear on their final disposition.

  • 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.

  • 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.

  • 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.

  • Authority Data The Contractor shall use the Authority Data only as necessary for the performance of its obligations under this Contract unless otherwise authorised in writing by the Authority.

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