Disputes Resolution Board Sample Clauses

Disputes Resolution Board. A standing Disputes Resolution Board (DRB) will be established to assist in the resolution of disputes, including claims and other controversies, arising out of the Work of this Contract, excluding any Work to be performed after Final Acceptance. This Section 51 describes the purpose, procedure, function, and key features of the DRB. A 3-party agreement, in the form provided in the Signature Document, shall be executed by the Authority, the Contractor and members of the DRB for the purpose of formalizing the creation of the DRB. The DRB will assist in and facilitate the timely and equitable resolution of disputes between the Authority and the Contractor in an effort to avoid construction delay and litigation. It is not intended for the Authority or the Contractor to default on their normal responsibility to amicably and fairly settle their differences by indiscriminately referring them to the DRB. The Authority and Contractor shall attempt to resolve potential disputes without resorting to the DRB procedures. A dispute may be referred to the DRB by the Authority or the Contractor. The DRB shall fairly and impartially consider disputes referred to it, and shall provide written decisions to the Authority and the Contractor to assist in the resolution of these disputes.
Sample 1
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Disputes Resolution Board. ‌ If any dispute arising under the Contract is not settled by agreement of the Parties pursuant to this Article 31, either Party may refer the dispute to the DRB; provided, however, that Contractor must refer the dispute to the DRB within 90 days from Authority issuing a decision pursuant to Article 31.2. A standing DRB will be established to assist in the resolution of dispute, including dispute arising out of the Work of this Contract. This Article 31 describes the purpose, procedure, function, and key features of the DRB. A three-party agreement, in the form provided in Schedule 10, shall be executed by Authority, Contractor and members of the DRB for the purpose of formalizing the creation of the DRB. The DRB will assist in and facilitate the timely and equitable resolution of dispute between Authority and Contractor in an effort to avoid delay in the progress of the Work and litigation. It is not intended for Authority or Contractor to default on their normal responsibility to amicably and fairly settle their differences by indiscriminately referring them to the DRB. Authority and Contractor shall attempt to resolve potential disputes without resorting to the DRB procedures. The DRB shall fairly and impartially consider disputes referred to it, and shall provide written decisions to Authority and Contractor to assist in the resolution of these disputes.
Sample 1

Related to Disputes Resolution Board

  • Disputes Resolution It is the intent of the parties to communicate on a regular basis in a positive and effective manner. The parties agree to communicate areas of concern as they arise and to address those concerns in a professional manner. Any disputes between the Commission and the School which arise under, or are by virtue of, this Contract and which are not resolved by mutual agreement, shall be decided by the full Commission in writing, within 90 calendar days after a written request by the School for a final decision concerning the dispute; provided that where a disputes resolution process is defined for a particular program area (e.g., IDEA, Section 504, etc.), the Parties shall comply with the process for that particular program area; and further provided that the parties may mutually agree to utilize the services of a third-party facilitator to reach a mutual agreement prior to decision by the full Commission. Subject to the availability of an appeal under Ch. 302D, HRS, or BOE administrative rules or procedures, any such decision by the full Commission shall be final and conclusive.

  • DISPUTES RESOLUTION PROCEDURE 10.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The Parties to this Agreement are committed to complying with the terms of this procedure.

  • Problem Resolution The parties shall meet and attempt to resolve all disputes and differences that may arise between the parties hereto concerning construction, interpretation, performance, operations, or breach of the matters referred to in this Agreement prior to seeking any legal remedy.

  • DNS resolution RTT Refers to either “UDP DNS resolution RTT” or “TCP DNS resolution RTT”.

  • Resolution If the Employer provides the requested remedy or a mutually agreed-upon alternative, the grievance will be considered resolved and may not be moved to the next step.

  • Grievance Resolution If a grievance is resolved at Step 2 or 3 in the procedure as provided herein, the grievant concerned shall indicate acceptance of the resolution by affixing his/her signature in the appropriate space indicated. If the employee has been represented by the Union at the Step of the procedure at which a resolution is reached, the Union representative shall also sign the appropriate document acknowledging that the employee has accepted the resolution. Decisions on grievances where an employee represents him/herself shall not be considered precedent setting or binding with regard to any future grievances filed with respect to the same or similar matters.

  • UDP DNS resolution RTT Refers to the RTT of the sequence of two packets, the UDP DNS query and the corresponding UDP DNS response. If the RTT is 5 times greater than the time specified in the relevant SLR, the RTT will be considered undefined.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • TCP DNS resolution RTT Refers to the RTT of the sequence of packets from the start of the TCP connection to its end, including the reception of the DNS response for only one DNS query. If the RTT is 5 times greater than the time specified in the relevant SLR, the RTT will be considered undefined.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

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