Challenges. The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen (14) calendar days of the appointment of the relevant Expert or within fourteen (14) calendar days of the challenging Party becoming aware of the circumstances giving rise to the challenge. Unless the challenged Expert withdraws. or whichever of the Parties that has not brought the challenge agrees to the challenge, within fourteen (14) calendar days of the challenge, the ICC shall decide the challenge and, if appropriate, shall appoint a replacement Expert in accordance with the criteria set out herein.
Challenges. Either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, sum- moned, or selected, and may challenge an indi- vidual juror on the ground that the juror is not legally qualified.
Challenges. Licensee will provide written notice to Licensor at least 90 days before Licensee, its Affiliate or Sublicensee initiates or participates directly or indirectly in a Patent Challenge. Licensee, its Affiliate or such Sublicensee will identify all prior art and other evidence material to the Patent Challenge in such written notice. If Licensee, its Affiliate or a Sublicensee participates directly or indirectly in a Patent Challenge, the following applies:
(a) [Licensor has the right to terminate this Agreement at any time (including after the termination of such Patent Challenge) upon written notice delivered to Licensee, and this Agreement’s cure provisions for non-monetary breach will not apply; provided that if a Patent Challenge is initiated by a Sublicensee, Licensor will only be permitted to terminate this Agreement if, within 30 days following receipt of notice that Sublicensee has initiated a Patent Challenge, Licensee has failed to terminate the Sublicense or Sublicensee has not vacated the Patent Challenge.]55 OR
(a) [Licensor will meet with Licensee and any designee of Licensee within three months after such notice from Licensee and at least semi-annually at the request of Licensee, in a good faith effort to resolve any Patent Challenge;
(b) during the pendency of such action or proceeding (including any appeals), the applicable royalty rate(s) will increase to double the applicable royalty rate(s);
(c) should the outcome of such action or proceeding determine that any such claim challenged by Licensee or a Sublicensee is valid, enforceable, and/or infringed by a Licensed Product, the royalty rate(s) will increase to triple the applicable royalty rate(s);
(d) Licensee and any Sublicensee(s) will have no right to recoup any royalties paid before such action or proceeding or during the period in which such action or proceeding is pending (including on appeal), no matter the outcome of such action or proceeding; and
(e) Licensee shall pay all reasonable costs and expenses incurred by Licensor (including, but not limited to, Licensor’s actual attorneys’ fees) in connection with such action or proceeding. Licensor may bill Licensee as frequently as monthly concerning such costs and expenses, and Licensee shall make payment no later than 30 days after receiving an invoice from Licensor. Notwithstanding any other provision of the Agreement, with respect to any such Patent Challenge, Licensor will have full control and authority to defend the Patent Right...
Challenges. The Experts may be challenged by either Party if circumstances exist that give rise to justifiable doubts as to any of their impartiality or independence. In such circumstances the challenge shall be brought by written notice to the ICC copied to the other Party within fourteen
Challenges. Caseloads – DHS’ ability to achieve progress in the most critical areas of the reform hinges on reducing worker caseloads. During SFY13, DHS reports it established new positions for 230 caseworkers and 85 supervisors. However, the Department has faced an immense challenge of retaining both new and seasoned caseworkers and stemming exceptionally high staff turnover. Despite the efforts to reduce caseloads with new positions, the high turnover rate creates a constant stream of vacant positions and adds additional pressure on an unstable and new workforce that is trying to manage a CPS backlog of 1833 cases as of mid-October and provide quality care for the increasing number of children in custody. The Co-Neutrals are concerned that the final SFY14 budget did not fully fund the Pinnacle Plan, apparently undercutting at least one of the core strategies DHS committed to implement in order to attract and retain staff to protect vulnerable children: an annual compensation increase. The Co-Neutrals have been advised by numerous stakeholders and child welfare leaders across Oklahoma that absent the raises promised to child welfare staff, many of whom now work in parts of Oklahoma under very difficult working conditions – DHS will find it increasingly difficult to attract and retain qualified staff to protect Oklahoma’s children. To be clear: the Co-Neutrals expect DHS to implement the Pinnacle Plan as approved, including the state’s commitment to raise the salaries for child welfare workers after many years of stagnancy. Because the state characterized the raises to the Co-Neutrals as a fundamental strategy when it developed the Pinnacle Plan, and because the agency’s problems with staff turnover is fast forging a new crisis on the frontlines of the organization, the Co-Neutrals are committed to monitor and evaluate the steps the state takes to secure the necessary funds. We expect the state to determine whether the Department can find the necessary resources within its existing appropriation to fund the salary raises, or to use other options available - at this time - to fully fund the Plan.
Challenges. In order to meet audit criteria, student claims for funding support for students of Aboriginal ancestry were reduced. This has meant the reduction of the teacher in the department for the 2013-14 school year. It is time for the Enhancement Agreement to be reviewed. This will be a challenge in our area, and Ministry support and guidance will be sought to assist with making the process and outcome meaningful and fruitful. Ensuring success for students of Aboriginal ancestry in our secondary schools continues to be a challenge. The focus of the work of the Aboriginal Education Department was to solidify initiatives started in previous years, and to plan for reframing some existing practices in order to enhance current levels of program and support. The expansion of the Aboriginal Support Worker team, with the addition of one more full-time worker added to support students enrolled in alternate programs. The District’s continued focus on Aboriginal Education and on the achievement of students of Aboriginal ancestry. A focus on supporting the academic and cultural needs of students of Aboriginal ancestry was continued. All Aboriginal Support Workers received an iPad to support their learning of how technology can support their work. The annual Aboriginal Week event, held at the Mir Centre for Peace on the Selkirk College campus, was another massively successful event, with over 1200 students from our schools attending (grades K-9). Plans for a Welcome Back potluck/meeting for parents of students of Aboriginal Ancestry have been made. This event will take place towards the end of September in the new school year. A focus on developing shared understanding and shared responsibility for the success of Aboriginal students in our school continued. Two Aboriginal Support Worker replacements were hired, marking the first time in several years that a replacement worker was able to be called in due to the absence of a regular worker. The teachers’ job action during most of the year distracted the work of the department. As well, district data typically collected, and a relatively new process for our district, was not collected for students of Aboriginal ancestry. All Kindergarten classrooms in the district received teachings from the locally developed Learning Journeys series. A dance group, at one of the secondary schools, was started. The students involved in the group made their own regalia and danced on the first day of the Aboriginal Wee...
Challenges. The increased and continuous transfer of facility staff already trained by SIDHAS on ART client management. In accordance with USAID directives and the facility transition plan, eight SIDHAS supported health facilities (one ART and seven PMTCT sites) were transited to the Bauchi State Government this quarter. Clients from the transited sites were transferred to other SIDHAS supported sites based on their preference. However, Al-Ameen clinic, a private-for-profit ART site, retained its clients on ART and continued to provide services at no cost to the client. The SIDHAS team continued to support provision of quality HIV/AIDS services using the QMAP approach. The team supported healthcare workers with the conduct of folder audits and review of pre-ART registers in selected facilities (General Hospital (GH) Toro, IDH Bayara, State Specialist Hospital, Xxxxxxxx Xxxxxx Balewa University Teaching Hospital (ATBUTH), Urban Maternity, and Pahlycon clinic. This activity resulted in identified and eligible positives being placed on ART. This quarter, 23 ART clients were identified to have evidence of immunologic failure (XX Xxxx – 4, ATBUTH – 7, IDH Bayara – 12). Mechanisms have been put in place to track and reassess adherence of the clients for a possible regimen switch. Furthermore, clinicians in the above stated facilities were mentored on management of treatment failure. SIDHAS continued to support DBS sample transfer to PCR laboratories. As a result of this, the average turnaround time improved from 4 weeks to 2 weeks. Efforts aimed at increasing INH uptake continued this quarter through sensitization of clinicians in SIDHAS supported sites on the need for IPT prescription. In view of this, efforts focused on capacity development activities targeting triage units, clinicians and pharmacist in IDH Bayara, ATBUTH, Urban Maternity, GHs Tafawa Balewa and Dass. Pharmacy focal persons in the above stated sites were assigned to review client documentation to ensure all eligible clients commenced INH. The SIDHAS OVC program within the state continued efforts of graduating older OVC. A list of older OVC compiled was used as an advocacy tool to relevant government (state and local) and community stakeholders. Advocacy efforts paid off as the Bauchi Emirate Council has expressed interest to continue providing support to the graduated OVC within Bauchi community. As part of efforts aimed at improving the provision of quality HIV services and the integration of services i...
Challenges. 1. Each Party shall provide non-discriminatory, timely, transparent and effective procedures enabling suppliers to challenge alleged breaches of any obligations specified in this Chapter for procurements in which they have, or have had, an interest.
2. Challenges shall be heard by an impartial and independent reviewing authority. A reviewing authority, if it is not a court, shall either be subject to judicial review or shall have procedural guarantees of due process.
3. Provided it respects the previous paragraphs, each Party can determine according to its domestic laws and regulations the review procedures applicable to the hearing of challenges under this Article.
4. Each Party shall allow sufficient period of time for suppliers to prepare and submit a challenge.
Challenges. Describe any challenges, including any project activities or outputs that are behind schedule or are not being carried out, and how you dealt with them.
Challenges. A description of the challenges, barriers the participants were facing prior to joining the project. This section should also include the objectives that the participant/project set out to achieve.
