DISAGREEMENTS AND DISPUTES Sample Clauses

DISAGREEMENTS AND DISPUTES. The purpose of this Chapter is to explain how disagreements and disputes (if there are any) are to be resolved.

DISAGREEMENTS AND DISPUTES. 6.1 The CCG will work in collaboration with the Patient or their Representative, Third Party, providers and other allied health professionals in implementing this Agreement. The CCG recognises that there may be occasion during the life of the Agreement where disagreement occurs, relating to the Personal Health Budget. Disagreement may arise in circumstances including (but not limited to): 6.1.1 utilisation of the Personal Health Budget for purposes previously not approved by the CCG; 6.1.2 allocation of the financial value of the Personal Health Budget being considered to be no longer adequate; 6.1.3 interpretation of the CCG’s Personal Health Budgets Policy; or 6.1.4 the CCG deciding to terminate the Personal Health Budget Agreement. 6.2 In all cases the PHB Nurse will first attempt to resolve the matter through dialogue with the Patient and/or their Representative and/or the Third Party. Where necessary this will be escalated to the Senior Clinical Lead for resolution. Where the matter still remains unresolved to the satisfaction of the Patient and/or their Representative and/or the Third Party the matter can be escalated at the request of the Patient and/or their Representative and/or the Third Party or the Senior Clinical Lead to the CCG’s Senior Strategic Lead and Deputy Director of Commissioning, Partnerships and Integration (“CCG Review Team) for a considering and ruling on the disagreement. 6.3 The role of the CCG Review Team will be to determine whether this Agreement is in accordance with the CCG’s Personal Health Budgets Policy; and to give consideration to the specific issue(s) of disagreement. In doing so the CCG Review Team will consider any evidence presented to it in determining an outcome. There will be no further means of appeal, but if the Patient and/or their Representative and/or the Third Party continue to remain dissatisfied with the outcome, they will have the option to pursue the matter via the CCG’s Complaints Policy, provided that the matter is one that can be considered under the policy. Information about the CCG’s Complaints process will be provided at the time.

DISAGREEMENTS AND DISPUTES. 8.1 DFID, the Procurement Agent and any DFID partner shall exert their best efforts, in good faith, to consult together to resolve all issues that may arise in an equitable and mutually satisfactory manner. An issue that cannot be resolved in this way shall be treated as an escalation under 8.2 below. 8.2 In the event of an Escalation arising under or relating to this overarching Contract and/or any call down contract issued under the overarching contract, its formation, or the surrounding facts and circumstances, either Party (the “Initiating Party”) may submit to the other Party (the “Receiving Party”) a written statement, specifically designated as a Notice of Escalation, briefly describing the nature of the problem, the position of the Initiating Party regarding the problem, a narrative of the material facts and arguments in favour of the Initiating Party’s position, and a statement of the actions or other relief requested. 8.3 Within ten (10) days after receipt of a Notice of Escalation, the Receiving Party shall issue a written statement with supporting findings and reasons, and promptly communicate it to the Initiating Party. This procedure will continue until an amicable solution is found.

DISAGREEMENTS AND DISPUTES. 15.1. The Parties will act in good faith towards each other in relation to all matters arising under this Agreement and will do whatever is reasonably within their power to give effect to the spirit and intent of the Agreement. Disagreements and disputes will be resolved in accordance with the procedure set out at Appendix C.

DISAGREEMENTS AND DISPUTES. Any disagreement, dispute or controversy arising under, this Agreement, any amendments thereof, or the breach thereof shall be determined and settled in accordance with this Section. This Section shall be limited to disputes arising out of this Agreement, but shall not apply to any disputes arising out of, or relating to, the other Transaction Documents, including but not limited to those documents attached as Exhibits hereto. (a) In the event of any dispute between the parties to this Agreement, the Parties hereto first shall use their best efforts to settle the dispute, claim, question, or disagreement through negotiation. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to all Parties. If they do not reach such solution within a period of 30 days, then, upon notice by any Party to the others, all disputes, claims, questions, or differences shall be subject to mediation administered by the Judicial Arbitration and Mediation Service (“JAMS”). (b) In the event that a successful resolution of the matter is not achieved within sixty (60) days of submission to mediation or at any time after the forty (40) days has expired, any Party may demand submission to arbitration. The costs of any mediation shall be equally borne by the Parties and each Party shall bear its own expenses and attorney fees. All sessions and/or conferences will be held in the City of Boston, Massachusetts. (c) Any matter that cannot be resolved by negotiation or mediation shall be submitted to arbitration. The Parties agree to hold the arbitration hearings in Boston, Massachusetts pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). The arbitration shall be held before a single arbitrator selected by the parties. The arbitrator shall be an attorney with no less than twenty (20) years experience in mergers and acquisitions, except that no attorney who has represented any Party to this agreement shall be appointed as an arbitrator and each Party to this agreement reserves the right to object to the appointment of any such arbitrator. Each Party and the mediator or arbitrator shall be bound to keep all information shared in the resolution of any dispute confidential. Any final award rendered by an arbitrator shall be final and binding upon all Parties and all Parties hereby consent to the finality of said award, agree to comply there...

DISAGREEMENTS AND DISPUTES. In the event that either Contractor or Agency commences an action for damages, injunctive relief, or to enforce the provisions of this Agreement, and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and all costs incurred in connection therewith as determined by the court in any such action.

DISAGREEMENTS AND DISPUTES. 7.1 The ICB will work in collaboration with the Patient or their Representative, providers and other allied health professionals in implementing this Agreement. The ICB recognises that there may be occasion during the life of the Agreement where disagreement occurs, relating to the Personal Health Budget. Disagreement may arise in circumstances including (but not limited to): 7.1.1 Utilisation of the Personal Health Budget for purposes previously not approved by the ICB. 7.1.2 Allocation of the financial value of the Personal Health Budget being considered to be no longer adequate.

DISAGREEMENTS AND DISPUTES. NAVAL MATERIEL COMMAND CONTRACT DEPARTMENT /s/ Illegible --------------------

DISAGREEMENTS AND DISPUTES. 14.1. The Parties will act in good faith towards each other in relation to all matters arising under this Agreement and will do whatever is reasonably within their power to give effect to the spirit and intent of the Agreement. Subject to clause 15 below if any dispute arises out of the Agreement the Parties will attempt to settle such by negotiation. In exceptional circumstances where disputes cannot be resolved by negotiation and where such disputes threaten the Service then the parties will take necessary steps to settle in accordance with clause 15.2, 15.3 and 15.4 below and the Governance Arrangements set out in Appendix A.

DISAGREEMENTS AND DISPUTES. In the event that either the CONTRACTOR or the CITY commences an action for damages, injunctive relief, or to enforce the provisions of this Agreement, and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees and all costs incurred in connection therewith as determined by the court in any such action. Regardless of the foregoing, the CONTRACTOR shall not be entitled to damages, and if the CITY wrongfully terminates this Agreement, it shall be deemed a Termination for Convenience.