Avoidance of Conflict Sample Clauses
Avoidance of Conflict. Conflicts can arise because a committee member might be in the same department or program as one of the parties in dismissal proceedings, or given the close academic community that exists at the College, may have had contact, personal and/or professional relationships with one or more parties in the dismissal proceedings. These conflicts have the potential to bias, directly or indirectly, dismissal proceedings. DRC members must always keep this potential in mind and recuse themselves where a conflict of interest arises. If a member of the DRC is challenged by an entity (AHE, CBC, or the faculty member subject to dismissal proceedings) based on a perceived conflict of interest and the DRC member refuses to recuse themselves, the presiding officer will determine whether the challenged DRC member would be able to make a fair and impartial recommendation in light of the challenged person’s knowledge of the case, contact or personal or professional relationship with the faculty member facing dismissal proceedings. In no case shall a member of the DRC sit in judgment of their own case or the case of their spouse, significant other, or family member. The supervising administrator of the faculty member(s) subject to dismissal shall not be a member of the DRC.
Avoidance of Conflict. 1. Within the framework of its own laws and to the extent compatible with its important interests, each Party shall, having regard to the purpose of this Agreement as set out in Article I, give careful consideration to the other Party’s important interests throughout all phases of competition enforcement activities, including decisions regarding the ini- tiation of an investigation or proceeding, the scope of an investigation or proceeding and the nature of the remedies or penalties sought in each case.
2. Where it appears that one Party’s enforcement activities may adversely affect the im- portant interests of the other Party, each Party shall, consistent with the general princi- ples set out above, use its best efforts to arrive at an appropriate accommodation of the Parties competing interests and in doing so each Party shall consider all relevant factors, including:
(i) the relative significance to the anticompetitive activities involved of conduct occur- ring within one Party’s territory as compared to conduct occurring within that of the other;
(ii) the relative significance and foreseeability of the effects of the anticompetitive ac- tivities on one Party’s important interests as compared to the effects on the other Party’s important interests;
(iii) the presence or absence of a purpose on the part of those engaged in the anticom- petitive activities to affect consumers, suppliers or competitors within the enforcing Party’s territory;
(iv) the degree of conflict or consistency between the enforcement activities and the other Party’s laws or articulated economic policies including those expressed in the ap- plication of, or decisions under, their respective competition laws;
(v) whether private persons, either natural or legal, will be placed under conflicting re- quirements by both Parties;
(vi) the existence or absence of reasonable expectations that would be furthered or de- feated by the enforcement activities;
(vii) the location of relevant assets;
(viii) the degree to which a remedy, in order to be effective, must be carried out within the other Party’s territory;
(ix) the need to minimise the negative effects on the other Party’s important interests, in particular when implementing remedies to address anti-competitive effects within the Party’s territory, and
(x) the extent to which enforcement activities of the other Party with respect to the same persons, including judgments or undertakings resulting from such activities, would be affected.
Avoidance of Conflict. 9.1 Within the framework of its own laws, and to the extent compatible with its own interests, each agency is to seek at all stages in its activities to take into account the important interests of the other. Where there are any instances where the other's interests may be impinged, urgent and immediate consultation should take place.
Avoidance of Conflict. In no case shall a member of the DRC sit in judgment of her/his own case or the case of her/his spouse, significant other, or family member. The supervising administrator of the faculty member(s) subject to dismissal shall not be a member of the DRC.
Avoidance of Conflict. 1. It is in the common interest of the Participants to minimise any potentially adverse effects of one Participant’s enforcement activities on any of the other Participants’ interests in the application of their competition and fair trading laws.
2. Where one Participant informs another Participant that specific enforcement activity by the second Participant may affect the first Participant’s interests in the application of its competition and fair trading laws, the second Participant will endeavour to provide:
(a) timely notice of significant developments relating to those interests; and
(b) an opportunity to the first Participant to provide input regarding any proposed penalty or remedy.
3. Any questions arising out of this Arrangement will be addressed in as timely and practicable a manner as circumstances permit.
Avoidance of Conflict. Notwithstanding anything in this Article 5 to the contrary, to the extent the provisions contained herein conflict with the terms of that certain Security Agreement among Borrower, Parent, the Trustee and certain other grantors thereunder from time to time (the “Trustee Security Agreement”) dated as of the date hereof, with respect to Term Priority Collateral, the terms of the Trustee Security Agreement shall govern except as otherwise provided in the Intercreditor Agreement.
Avoidance of Conflict. Notwithstanding anything in this Agreement to the contrary, to the extent the provisions contained herein conflict with the terms of the Guaranty and Security Agreement among Holdings, Aventine and certain of its Subsidiaries and the Administrative Agent dated as of May 30, 2003 (as amended, the “ABL Security Agreement”) with respect to ABL Priority Collateral (as defined in the Intercreditor Agreement), the terms of the ABL Security Agreement shall govern except as otherwise provided in the Intercreditor Agreement.