Effect of Determination. Upon the determination of this Agreement Council will do all things necessary to allow the Developer to remove this Agreement from the title of the whole or any part of the Land as quickly as possible.
Effect of Determination. Neither the absence of a determination prior to the commencement of such suit that indemnification of the Indemnitee is proper in the circumstances because the Indemnitee has met the applicable standard of conduct set forth in applicable law, nor an actual determination that the Indemnitee has not met such applicable standard of conduct, shall create a presumption that the Indemnitee has not met the applicable standard of conduct or, in the case of such a suit brought by the Indemnitee, be a defense to such suit.
Effect of Determination. (a) The Independent Expert’s determination pursuant to this Section 6 will be final and binding upon the Parties and not reviewable by a court for any reason whatsoever.
(b) The Independent Expert is not an arbitrator of the Specified Dispute and is deemed not to be acting in an arbitral capacity. The Independent Expert’s determination pursuant to this Section 6 is not an arbitration under the Arbitration Act or any other federal or provincial legislation.
Effect of Determination. If this Agreement is determined by the Vendor under clause 20 or clause 21:
Effect of Determination. If the forum listed in Section 8(d) selected by the Indemnitee determines that the Indemnitee is entitled to indemnification with respect to a specific proceeding, then such determination shall be final and binding on the Company, the Company shall indemnify the Indemnitee to the extent so determined by such forum and payment of such indemnification shall be made by the Company within thirty (30) days after such determination. If the forum listed in Section 8(d) selected by the Indemnitee determines that the Indemnitee is not entitled to indemnification with respect to a specific proceeding, then the Indemnitee shall have the right to apply to the Court of Chancery of Delaware, the court in which that proceeding is or was pending or any other court of competent jurisdiction, for the purpose of appealing such determination and obtaining an adjudication by such court of the Indemnitee’s entitlement to such indemnification pursuant to this Agreement with respect to such proceeding, provided that such right is exercised by the Indemnitee within sixty (60) days after the final decision of such forum is rendered. The Company shall not oppose the Indemnitee’s right to seek any such adjudication, and any such judicial adjudication shall be conducted in all respects as a de novo trial on the merits, such that any determination made by any forum selected pursuant to Section 8(d) that the Indemnitee is not entitled to be indemnified hereunder shall not be binding on any such court and the Indemnitee shall not be prejudiced by reason of any such determination by such forum. If the forum selected by the Indemnitee pursuant to Section 8(d) to determine whether the Indemnitee is entitled to indemnification shall not have made a determination within 120 days after the date on which the Company is required by Section 8(e) to submit to such forum its claim that the Indemnitee is not entitled to such indemnification, then the Indemnitee shall be entitled to apply to the Court of Chancery of Delaware to have the Indemnitee’s request for indemnification adjudicated by such Court in lieu of having the determination made by such forum. The Company shall not oppose the Indemnitee’s right to seek any such adjudication.
Effect of Determination. Production of Statements at Suppres- xxxx Xxxxxxx.
Effect of Determination. If the court grants a motion based on a defect in the institu- tion of the prosecution or in the indictment or information, it may also order that the defend- ant be continued in custody or that bail be con- tinued for a specified time pending the filing of a new indictment or information. Nothing in this rule shall be deemed to affect the provisions of any Act of Congress relating to periods of limitations.
(i) PRODUCTION OF STATEMENTS AT SUPPRES- XXXX HEARING. Rule 26.2 applies at a hearing on a motion to suppress evidence under subdivision (b)(3) of this rule. For purposes of this subdivi- sion, a law enforcement officer is deemed a gov- ernment witness. (As amended Apr. 22, 1974, eff. Dec. 1, 1975; July 31, 1975, Pub. L. 94–64, § 3(11), (12), 89 Stat. 372; Apr. 28, 1983, eff. Aug. 1, 1983; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993.) Notes of Advisory Committee on Rules—1944
(a). 1. This rule abolishes pleas to the jurisdiction, pleas in abatement, demurrers, special pleas in bar, and motions to quash. A motion to dismiss or for other appropriate relief is substituted for the purpose of raising all defenses and objections here- tofore interposed in any of the foregoing modes. ‘‘This should result in a reduction of opportunities for dila- tory tactics and, at the same time, relieve the defense of embarrassment. Many competent practitioners have been baffled and mystified by the distinctions between pleas in abatement, pleas in bar, demurrers, and mo- tions to quash, and have, at times, found difficulty in determining which of these should be invoked.’’ Xxxxx Xxxxxxxx, 29 A.B.A.Jour. 655. See also, Xxxxxxx, 4 Law-
Effect of Determination. Determination of the Board or Committee shall be final, binding and conclusive on the Participant. No member of the Board or Committee or any of its designee shall be personally liable for any action or determination made in good faith with respect to this Award.
Effect of Determination. The Adjudicator’s final determination shall (unless given after the appointment of a new Adjudicator under sub-clause 20.2(b)) be final and binding upon the Parties except:
(a) in the case of decisions by the Adjudicator where there is real or apparent bias or an event of fraud on the part of the Adjudicator or where a decision is made in bad faith or is so clearly erroneous on its face that it would be unconscionable for it to stand; or
(b) where either Party gives a written notice to the other Party within 28 days following delivery of the final determination of the Adjudicator that it does not accept the determination as being final and binding in which case the determination shall be final and binding until determined by legal proceedings, by arbitration or by agreement in writing between the Parties.
Effect of Determination. 13.8.1 The Expert’s final determination shall (unless given after the appointment of another Expert under clause 13.7) be final and binding on the Operators except in the event of fraud or where it is so clearly erroneous on its face that it would be unconscionable for it to stand, in which case another Expert may be appointed in accordance with the provisions of clause 13.5.3.
13.8.2 The Operators agree to take all necessary steps (acting reasonably) to implement the Expert’s final determination.
13.8.3 Any challenge to the final determination of the Expert as referred to in clause 13.8.1 above shall be made to the courts of England and Wales. In the event that such challenge is successful, another Expert may be appointed in accordance with the provisions of this clause 13.
