Effect of arbitrator’s determination. (i) The determination of the arbitrator will be final and binding subject to any rights of review by a court of law.
Effect of arbitrator’s determination. The determination of the arbitrator will be final and binding subject to any rights of review by a court of law. Except where the determination or direction is subject to a review by a court of law, if a Customer does not comply with a determination or direction of the arbitrator, then CBH will no longer be obliged to provide services under this Agreement for that Customer. Except where the determination or direction is subject to a review by a court of law, CBH will comply with the lawful directions or determinations of the arbitrator. The arbitrator shall have the discretion to determine that an arbitration determination shall take effect from the date of the determination, the date upon which the dispute was notified or the date of this Agreement. During any dispute process the parties must continue to comply with their obligations and exercise their rights under this Agreement. Arbitrator’s costs The arbitrator’s costs and the costs of the parties to the arbitration will be borne by the parties in such proportions as the arbitrator determines. Each party may make submissions to the arbitrator on the issue of costs at any time prior to that determination. Entire Agreement This Agreement constitutes the entire Agreement between the parties. Each party warrants and covenants to the other that there are no written or oral statements, representations, undertakings, covenants or agreements between the parties, express or implied, except as provided for in this Agreement. This Agreement may only be amended or varied: by agreement in writing signed by both parties expressly amending this Agreement; pursuant to the variation procedure prescribed in the Undertaking; or by operation of law. Unless the context otherwise requires, a reference to this Agreement shall include a reference to this Agreement as amended or varied from time to time. Notwithstanding that CBH from time to time produces operational guidelines to assist customers, nothing in those guidelines shall be deemed to impliedly or expressly amend anything in this Agreement and if there is any inconsistency between any guidelines and a term of this Agreement, the terms of this Agreement shall prevail. Notices
Effect of arbitrator’s determination. If the arbitrators rule that the law does not increase Xxxxxxxxxxxx’x Governmental Costs, then Xxxxxxxxxxxx shall comply with such law, unless otherwise provided for herein, including Section 18. If the arbitrators determine the new law or regulation results in an increase in Governmental Costs, then Xxxxxxxxxxxx shall comply with the new law or regulation but the Crow Tribe shall, at its option, either subsidize the increased Governmental Costs through a tribal tax credit or waive the applicability of the new law or regulation to the extent it results in Xxxxxxxxxxxx’x Governmental Costs. If the arbitrators have not ruled within the one hundred and twenty (120) day period prior to the new tribal law or regulation taking effect, Xxxxxxxxxxxx will comply with the new law or regulation as provided above until a ruling is made, provided, however, that in the event the arbitrators subsequently rule that the tribal law under review causes the total Governmental Costs of mining Crow Coal to increase, then Xxxxxxxxxxxx shall be entitled to recover the difference in such costs incurred from the end of the one hundred and twenty day (120) period provided for above until the date the arbitrators’ ruling goes into effect. Such recovery shall be paid by the Crow Tribe by giving Xxxxxxxxxxxx a deduction in tribal taxes due or to become due from Xxxxxxxxxxxx.
Effect of arbitrator’s determination. In all cases, the determination of the Arbitrator shall be final and binding on each Dispute Party. Judgment on the Arbitrator’s award may be entered in any court having jurisdiction.
