DISPUTE PROVISIONS. 16.1 In the event of any dispute or difference arising between any of the parties to this Deed in respect of any matter contained in this Deed such dispute or difference may be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days after the conclusion of any hearing that takes place or thirty Working Days after he has received any file or written representation.
16.4 The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequenti...
DISPUTE PROVISIONS. 1. The parties shall deal in good faith and attempt to resolve disputes informally. If the dispute persists, Contractor shall submit a written dispute notice to the Agent Services within 15 business days after the date of the action causing the dispute. The written dispute notice shall contain the following information:
a. The decision or issue under dispute;
b. The reason(s) Contractor believes the decision or position taken by the Exchange is in error (if applicable, reference pertinent Contract provisions);
c. Identification of all documents and substance of all oral communication which support Contractor’s position; and
d. The dollar amount in dispute, if applicable.
2. Within fifteen (15) business days after receipt of the dispute notice, Agent Services shall issue a written decision regarding the dispute. The written decision shall include the following information:
a. A description of the dispute;
b. A reference to pertinent Contract provisions, if applicable;
c. A statement of the factual areas of agreement or disagreement; and
d. A statement of the State’s decision with supporting rationale
3. If the Contractor is not satisfied with the decision of the Exchange, the Contractor may, within fifteen (15) business days of the Exchange’s decision, submit a written appeal to the Exchange Executive Director. The Executive Director shall then issue a final decision on the dispute within thirty (30) business days after receiving Contractor’s written appeal. If the Executive Director fails to render a final decision within thirty (30) business days after receipt of Contractor’s written appeal, it shall be deemed a final decision adverse to the Contractor’s contentions. The Executive Director’s final decision shall be conclusive and binding regarding the dispute unless Contractor commences an action in a court of competent jurisdiction to contest such decision within thirty (30) calendar days following the date of the final decision.
4. Pending the final resolution of any dispute arising under, related to or involving this Agreement, Contractor agrees to diligently proceed with the performance of this Agreement, in accordance with the Exchange’s instructions. Contractor’s failure to diligently proceed in accordance with the Exchange’s instructions shall be considered a material breach of this Agreement.
DISPUTE PROVISIONS. 1. If the Contractor disputes a decision of the State’s designated representative regarding the performance of this Agreement or on other issues for which the representative is authorized by this Agreement to make a binding decision, Contractor shall provide written dispute notice to the State’s representative within 15 calendar days after the date of the action. The written dispute notice shall contain the following information:
a. the decision under dispute;
b. the reason(s) Contractor believes the decision of the State representative to have been in error (if applicable, reference pertinent contract provisions);
c. identification of all documents and substance of all oral communication which support Contractor’s position; and
d. the dollar amount in dispute, if applicable.
2. Upon receipt of the written dispute notice, the State program management will examine the matter and issue a written decision to the Contractor within 15 calendar days. The decision of the representative shall contain the following information:
a. a description of the dispute;
b. a reference to pertinent contract provisions, if applicable;
DISPUTE PROVISIONS. 12.1 In the event of any dispute or difference arising between the parties to this Deed which persists for six (6) weeks after any party raises it by way of a notice to the other in writing in respect of any matter contained in this Deed such dispute or difference shall be referred to an Expert and in the absence of agreement as to the appropriateness of the professional body then such question may be referred by any party to the dispute to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the Expert shall determine and failing such determination shall be borne by the parties in equal shares.
12.2 The Expert shall be subject to the express requirement that a decision be reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than twenty five (25) Working Days after the conclusion of any hearing that takes place and/or receipt of any file or written representation (as appropriate).
12.3 The Expert shall be required to give notice to each of the said parties requiring them to submit to him within ten (10) Working Days of notification of his appointment written submissions and supporting material and if the Expert considers it necessary he may convene a hearing.
DISPUTE PROVISIONS. In the event of a dispute in relation to the Agreement parties to endeavour to resolve dispute through officers of the authorities with escalation to Chief Executives..
DISPUTE PROVISIONS. Any dispute concerning an engagement under this Contract will be referred to the VLEC whose decision shall be binding on the parties, even in the event of either party not exercising his/her right to be present at the Hearing. This shall apply if either/both parties or only one party to the dispute is/are members of a VLEC constituent organisation, or if neither party is a member of a VLEC constituent but one is registered with the VLEC.
APPENDIX 1 ASSISTANT CHOREOGRAPHERS
1. The provisions of the Schedule will apply to an Assistant Choreographer save to the extent that they are expressly varied or started to be inapplicable.
2. The clauses which are applicable are:
1. Contract
2. Extent of Services
3. Rehearsal Conditions 6. Subsistence and Expenses 12. Publicity 13. Prosecution of Production
DISPUTE PROVISIONS. 12.1 In the event of any dispute or difference between any of the Parties arising out of this Deed (other than a dispute or difference relating to a question of law or in relation to the interpretation of the Deed) the Parties agree that the matter in dispute shall on the application of any Party be referred to the Expert and it is further agreed that:
(a) the determination of the Expert shall be final and binding on the parties save in the case of manifest error;
(b) the Parties shall be entitled to make representations and counter- representations in accordance with such timetable as the Expert shall direct;
(c) the Expert's costs shall be borne in such proportions as he/she may direct failing which the Parties shall each bear their own costs of the reference and determination and the Expert's costs calculated by dividing the Expert's costs by the number of sides to the reference; and
(d) the Expert may be replaced by a fresh appointee in the event of his/her becoming at any time unable or unwilling for any reason to proceed to discharge his/her function and such fresh appointee shall be appointed in the same manner as the Expert.
DISPUTE PROVISIONS. (A) If the County disputes a decision of the designated DCSS representative regarding the performance of this Agreement or on other issues for which the representative is authorized by this Agreement to make a binding decision, the County shall provide written dispute notice to the designated DCSS representative within fifteen 5) calendar days after the date of the action. The written dispute notice shall contain the following information:
a. the decision under dispute;
b. the the County believes the DCSS representative’s decision is in error (if applicable, reference pertinent contract provisions);
c. identificationof all documents and substance of all oral communication which support the County’s position; and
d. the dollar amount in dispute, if applicable.
DISPUTE PROVISIONS. 14.1 Any dispute or difference between the parties as to any matter under or in connection with this Agreement (other than a dispute or difference touching or concerning the meaning or construction of this Agreement) shall be submitted for the determination of an expert and the following provisions of this clause apply to any submission and to any other matter required to be dealt with by an expert:
14.1.1 the expert shall be appointed by the parties jointly or in default of agreement within 10 clear Working Days after any party has given to the others a written request requiring the appointment of an expert by the President on the request of any party who shall appoint a member of the planning bar with at least 10 years experience in planning law or other qualified in the discipline that the President deems appropriate for the dispute or difference in question;
14.1.2 the expert so appointed must:
14.1.2.1 act as an expert and not as an arbitrator;
14.1.2.2 afford the parties the opportunity within reasonable time limits to make representations to him;
14.1.2.3 inform each party of the representations of the others;
14.1.2.4 afford each party the opportunity within reasonable time limits to make submissions to him on the representations of the others; and
14.1.2.5 notify the parties of this decision with reasons as quickly as practicable;
14.1.3 the fees and expenses of the expert including the cost of his nomination shall be borne equally by the parties directly involved in the dispute (unless provided for otherwise in the expert’s decision) who shall bear their own costs as to the submission and determination of the dispute or difference by the expert; and
14.1.4 the expert’s determination is to be conclusive and binding on the parties except:
14.1.4.1 where there is a manifest error; and/or
14.1.4.2 on a matter of law.
14.2 Any party may pay the share of the expert’s fees and expenses due from any other party on behalf of such other party if such share is not paid within 28 clear Working Days of demand by the expert in which case the amount so paid plus all incidental expenses shall become a debt due and immediately payable to the paying party from such other party.
DISPUTE PROVISIONS. Contain a mechanism to resolve disputes between:
(1) The management contractor and customers, consistent with the procedures in a tribal ordinance;
(2) The management contractor and the tribe; and
(3) The management contractor and the gaming operation employees.
