Dispute Resolution and Enforcement. The Parties intend to pursue a collaborative approach to resolve disputes that may arise in the implementation of this Agreement regarding an alleged failure of a Party to comply with a provision of this Agreement or the meaning of a provision of this Agreement. If a dispute arises between the Parties regarding an alleged failure of a Party to comply with a provision of this Agreement or the meaning of a provision of this Agreement, the Parties agree to attempt first to resolve the dispute through discussion between the Parties. If the Parties reach a resolution that varies from the Agreement herein, the resolution shall be reduced to writing, signed, and filed with the Court for approval. If the Parties are unable to resolve the dispute through discussion, either Party may, at its discretion, seek a judicial determination of the alleged noncompliance or dispute after providing the other Party with 30 days’ written notice of its intent to seek such a determination. This 30-day period shall not be necessary where DOJ believes conditions or practices pose an immediate and serious threat to the life, health, or safety of the individuals served at a Facility. During this 30-day period, the Parties shall continue discussions to attempt to resolve outstanding differences. At the end of this 30-day period, either Party may, without further notice, seek a judicial determination. Except where DOJ believes conditions or practices pose an immediate and serious threat to the life, health, or safety of the other individuals served at a Facility, DOJ shall not initiate contempt proceedings for an alleged failure to fulfill an obligation under this Agreement without first having obtained an order for specific performance of the obligation and having notified the State of the intent to initiate contempt proceedings.
Dispute Resolution and Enforcement. A. For purposes of this section, “substantial compliance” means something less than strict and literal compliance with every provision of this Settlement Agreement. Rather, deviations from the terms of the Settlement Agreement may occur, provided any such deviations are unintentional and so do not substantially defeat the object which the parties intend to accomplish, or to impair the structure of the Settlement Agreement as a whole.
B. If Petitioners believe that OED has failed to be in substantial compliance with any obligation under this Settlement Agreement, Petitioners must, before initiating any court proceeding to remedy such failure or seek additional relief, give written notice to OED which sets forth with specificity the details of the alleged failure to remain in substantial compliance.
C. OED shall have 7 business days from the date of such written notice to respond in writing by denying that the alleged failure to remain in substantial compliance has occurred, or by accepting the allegation of failure to remain in substantial compliance and proposing steps that OED will take, and by when according to OED’s best estimate, to cure the alleged noncompliance.
D. If OED fails to respond within 7 business days or denies that it has failed to remain in substantial compliance, or fails to commence the steps it proposed to cure the alleged noncompliance within 10 days of its proposal (or another time frame if mutually agreed upon by the parties in writing), or if the Petitioners do not believe that OED’s steps will cure, Petitioners may seek appropriate relief from Judge von Ter Stegge.
E. In any enforcement proceeding allowed under this Settlement Agreement, Petitioners shall bear the burden of proving a lack of substantial compliance with Section III. OED shall bear the burden of proving that any exceptions within Section IV apply to excuse performance with Section III.
F. Appropriate relief shall be limited to that which is tailored to compel compliance with the Settlement Agreement and confined to the type of relief that a court may award to ensure compliance with an order to compel agency action pursuant to ORS 183.490.
G. Judge von Ter Stegge shall determine how any hearing shall proceed and shall determine the scope and means of discovery, if any, in enforcement proceedings, but the parties agree that the scope and means of discovery shall be as narrow and cost-effective as possible in all instances, and consistent with an expedited hearing sche...
Dispute Resolution and Enforcement. 171. If the United States believes that MDOC is not in substantial compliance with any substantive provision of this Agreement by the applicable time frame set forth in the Agreement, the United States will provide MDOC with the specific reasons, referencing the specific provision or provisions in writing. Minor or isolated delays in compliance are allowed. 172. MDOC will have the opportunity to consult its own expert(s) with respect to the United States’ allegations that MDOC is not in substantial compliance with such provision or provisions of the Agreement. MDOC will provide the United States with a written response to the notification within thirty (30) calendar days of its receipt. MDOC’s response will contain a description of the steps it took to investigate the issues addressed in the United States’ notice, the results of the investigation, and, where MDOC proposes corrective action, a specific plan for addressing the described issues. If no corrective action is proposed by reason of funding constraints (including the unavailability of appropriated funds), legal considerations, or for other reasons, MDOC’s response will specifically state those reasons and any statutes, regulations, expert opinion or technical bases upon which it is relying in reaching such conclusion.
Dispute Resolution and Enforcement. The court shall retain jurisdiction for the purpose of enforcing the terms 15 of the writ of mandate.
Dispute Resolution and Enforcement. A. All of the provisions included in this Settlement Agreement are separately and independently enforceable by the parties.
B. This Settlement Agreement shall be enforceable under the laws of the state of Oregon in a court of competent jurisdiction.
Dispute Resolution and Enforcement. The TPP must include mechanisms that ensure adherence to TPP requirements and that allow for a timely and cost-effective response to disputes, including a rapid- response mechanism for perishable agriculture and agri-food products.
Dispute Resolution and Enforcement. Either party may request non-binding mediation of any dispute arising from this Agreement, including any allegation of violation pursuant to Section 7.1, provided that the parties will participate in non-binding mediation at the request of any one party if there is a dispute about the existence of an Event of Default.
(i) When a party requests mediation of a dispute, it must send a written notice to the other party, specifying the particular provisions of this Agreement and the particular facts with respect to which a dispute exists and setting forth, in brief, the position of the requesting party. The receiving party must reply within five (5) business days of receipt of the notice indicating whether it will agree to non-binding mediation. If an Event of Default is alleged, a request for mediation will require an affirmative reply.
(ii) If the parties proceed with non-binding mediation, the president of SHL and the Town Administrator or Chairperson of the Selectboard of the Town (together, the "Designated Officers") will meet with all reasonable dispatch at a time and place reasonably selected by them. Without limiting their discretion, it shall, for purposes of this paragraph, be reasonable if the time will be within ten (10) business days of the initial request and if the place shall be within the Town.
(iii) The meeting between the Designated Officers may be attended by such staff or consultants as each party deems appropriate. Each party shall be given an opportunity to state its position, the requesting party to have the first opportunity to do so. The Designated Officers shall discuss whether they believe that there is a basis for resolution of the matter, with or without the assistance of an independent mediator. Either party may at any time thereafter state its intention to request the assistance of an independent mediator. Thereupon that party shall, within five (5) business days of the initial meeting, deliver to the other a proposed list of at least three candidates for mediator, each of whom shall be a professional engineer or an attorney and none of whom (or whose employers or firms) shall have any current or on-going relationship to the proposing party. Unless the receiving party shall reject every candidate for reasonable cause, such receiving party shall select one of the candidates and that candidate shall be mediator for the matter. If the receiving party rejects every candidate for reasonable cause, the receiving party shall, within fiv...
Dispute Resolution and Enforcement. The United States may review compliance with this Settlement Agreement at any time and may enforce this Settlement Agreement if the United States believes that this Agreement or any portion of it has been violated. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with the Hospital and the parties will attempt to resolve the concern(s) in good faith. The United States will give the Hospital thirty days from the date it notifies the Hospital of any breach of this Agreement to cure that breach, prior to instituting court action. If the Hospital reasonably requires more than thirty days to cure a breach, it may request an extension of time from the United States, whose consent to such request will not be unreasonably withheld. Failure by the United States to enforce any provision or deadline of this Agreement shall not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.
Dispute Resolution and Enforcement. The Parties agree that Judge Xxxxx of the U.S. District Court for the Western District of Washington shall maintain jurisdiction of this case for purpose of enforcing this Settlement Agreement, including the resolution of any disputes that arise hereunder, for the Term of this Agreement. Should Judge Xxxxx become unavailable, the Parties agree to accept the jurisdiction of any other Judge assigned by the U.S. District Court for the Western District of Washington for continuing jurisdiction purposes, subject to the Parties’ normal rights to object to a judicial assignment under the Federal Rules of Civil Procedure.
Dispute Resolution and Enforcement. Section 7.1. Good faith implementation. Each of the parties pledges to support implementation of all provisions of the compact, and covenants that its officers and agencies shall not hinder, impair, or prevent any other party carrying out any provision of the compact.
