Disputes Governed by These Procedures Sample Clauses

Disputes Governed by These Procedures. (a) The Parties agree, in accordance with 43 Tex. Admin. Code Section 9.6, to be bound by and subject to the procedures established in this Section 16.3 as an agreement regarding dispute resolution procedures that shall survive expiration or earlier termination of the Term and thereafter for so long as either Party has any obligation originating under the CMA documents. (b) The provisions of this Section 16.3 are intended to accord with Section 201.112 of the Code and the DRP Rules promulgated thereunder. (c) As used in this Section 16.3, the phrase "the procedures established in this Section 16.3" includes the procedures established in this Section 16.3, the Disputes Board Agreement, the DRP Rules, the Code, and the Texas Government Code. (d) All Disputes arising under the CMA documents shall be resolved pursuant to the Informal Resolution Procedures and, if not resolved thereby, the Dispute Resolution Procedures, except the following:(i) Any equitable relief sought in Travis County, Texas district court that TxDOT is permitted to bring against Maintenance Contractor under Section 16.3.2; and (ii)
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Disputes Governed by These Procedures a. Any Claim or Dispute arising out of, relating to, or in connection with this Agreement that is not resolved by partnering per Section 19.5, including the question as to whether such dispute is subject to nonbinding arbitration, shall be resolved pursuant to this Section 19.6. b. Resolutions of Claims and Disputes pursuant to this Section 19.6 shall be final, binding, conclusive and enforceable as set forth in this Section 19.6. c. FAILURE OF DEVELOPER TO CONFORM TO THE DISPUTE RESOLUTION PROCEDURES IN ALL MATERIAL RESPECTS AS TO ANY DISPUTE OR CLAIM SUBJECT THERETO SHALL CONSTITUTE A FAILURE TO PURSUE DILIGENTLY AND EXHAUST THE ADMINISTRATIVE PROCEDURES IN THE PPA DOCUMENTS AND SHALL OPERATE AS A BAR TO THE DISPUTE OR CLAIM. THIS SECTION 19.6.1.1(C) SHALL NOT BAR A CLAIM OR DISPUTE IF THE FAILURE TO MEET APPLICABLE DEADLINES IS DUE TO CONDUCT ON BEHALF OF IFA OR ITS REPRESENTATIVES. d. The Parties adopt these expedited methods for resolving disputes between or among IFA, Developer, and units of local government that contain any part of the Project, all of whom are proper parties to these dispute resolution procedures. same.
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Related to Disputes Governed by These Procedures

  • Arbitration Procedures In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the superintendent within ten (10) days following the decision in Level III of the grievance procedure.

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any grievance filed shall refer to the specific provision alleged to have been violated and shall adequately set forth the facts pertaining to the alleged violation. All grievances shall be commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance. 8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process. STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her xxxxxxx present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the immediate supervisor may be given verbally. STEP 2 If the answer of the immediate supervisor received in Step 1 is not satisfactory to the employee, the grievance shall be appealed within three (3) days of receipt of the answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the grievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the xxxxxxx and the affected employee for the purpose of discussing the grievance. The Division Commander, or his/her representative, shall submit a written answer to the affected employee and the xxxxxxx within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the Division Commander's written answer in Step 2. Upon appeal, the matter shall be recon- sidered at a meeting scheduled within ten (10) days. The Union shall be represented at this meeting by the xxxxxxx and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the appeal in writing within ten (10) days following such meeting.

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