Enforcement and Dispute Resolution Sample Clauses

Enforcement and Dispute Resolution. SAMPLE 7.1 Should the CSP fail to maintain compliance with this Agreement or any state or federal statute or regulation incorporated by reference, the CSP shall be informed in writing of any and all deficiencies or instances of non-compliance. The CSP shall have thirty (30) days (or less time if the health and safety of persons served may warrant) to either (1) resolve the deficiencies and/or instances of non-compliance, or (2) present SCDDO with a corrective plan of action. Should the CSP fail to take either of these corrective actions, SCDDO may take any or all of the following actions: a. Place the CSP on probationary status for a specified amount of time during which it is expected the Contractor will take immediate action to correct the deficiencies. During the probationary period the Contractor may not accept new referrals; b. Impose penalties in an amount not to exceed $125.00 per day for each violation from the specified date forward until the CSP comes into compliance; c. Suspend all or part of the payments provided for in the SCDDO-CSP affiliation agreement; d. Implement any action allowed by the current SCDDO-CSP affiliation agreement; or e. Terminate the SCDDO-CSP affiliation agreement. 7.2 Preferred resolution of disputes will take place informally between the parties involved. In the event such informal resolution is not successful, the CSP, SCDDO, or KDADS may require participation in dispute resolution utilizing an independent professional mediator chosen mutually by the parties. The parties will share equally in the costs of the dispute resolution. 7.3 After utilizing dispute resolution, the CSP may file an appeal with the Office of Administrative Hearings, Department of Administration. 7.4 Any CSP that loses its license to provide services will no longer be provided funds pursuant to this Agreement and must further cooperate with SCDDO in assisting the transition of persons to alternative service CSPs until all service needs are met.

Enforcement and Dispute Resolution. A. The terms of the Agreement and Consent Judgment applicable to the State, Nassau and Suffolk Counties, other Participating Subdivisions, and other Releasors will be enforceable solely by Teva, the State, Nassau County, and Suffolk County. X. Xxxx and Released Entities consent to the jurisdiction of the Court, in which the Consent Judgment is filed, solely for the enforcement of or resolution of disputes arising out of this Agreement, including, without limitation, disputes regarding the scope of the releases hereunder. C. The parties to a dispute hereunder shall promptly meet and confer in good faith to resolve any dispute prior to any filing or presentation to the Court.

Enforcement and Dispute Resolution. All claims, disputes, disagreements or other matter in question (hereinafter “claims”) between the parties to this Agreement arising out of or relating to this Agreement or breach thereof, including but not limited to the non-litigated matters, shall be subject to the dispute resolution procedure set forth herein; save and except for the enforcement and remedial provisions otherwise governed by Tribal Ordinance, e.g. TERO and liquor, where not inconsistent with the terms and conditions of this Agreement. Any party having a claim shall give written notice to the other party of the details of the claim. Within ten (10) days after written notification of the claim, representatives of the parties shall meet and endeavor within 14 days thereafter to negotiate a resolution in good faith. The representatives of the parties will include, at a minimum, one or more members of the Board of Directors or administration of the Tribe and Port Xxxxx with decision making authority for their respective party. In the event any claim cannot be resolved by good faith negotiations within the 14 days stated above, either party has the right of have the claim arbitrated and may invoke this right by giving notice of demand for arbitration to the other party. Within sixty (60) days after a demand for arbitration, the Parties shall submit the claim to an arbitrator from the Judicial Arbitration and Mediation Service (JAMS) in Seattle, Washington or another mutually agreed arbitrator. The parties shall agree on an impartial arbitrator from JAMS, but if they are unable to do so within thirty (30) days from the date written demand for arbitration is made, the arbitrator shall be selected by the administrator of JAMS on three (3) days notice. Any arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect. If it is necessary to implement any arbitration decision, judgment may be entered and enforced in the Superior Court of the State of Washington for Snohomish County or the Tulalip Tribal Court. The non-prevailing party in any arbitration, as determined by the arbitrator, will be responsible to pay all reasonable attorney’s fees and costs of the prevailing party. The Parties expressly waive any sovereign immunity either may have, but only to the extent necessary to allow arbitration of claims and enforcement of any arbitration award as referenced herein.

Enforcement and Dispute Resolution. (a) Subject always to paragraph (b) below, in the event the Parties at a staff level are not able to resolve a disagreement over the interpretation or application of any Contribution Agreement provision in any circumstance (including the result of any audit conducted under Section 6.1), or in the event one Party has not performed an obligation or followed through with a commitment set out in this Contribution Agreement and the Parties cannot agree on what measures or steps should be taken, and by who, to rectify or remedy the situation, and to mitigate the potential adverse impacts to the MLBE Project, the Parties will immediately refer the matter in dispute to the Vice President of Transportation Planning or the Vice President of Real Estate and Strategic Sourcing (depending on the subject matter) at TransLink and the General Manager of Planning, Urban Design and Sustainability, the General Manager of Real Estate and Facilities Management or the General Manager of Engineering (depending on the matter to be resolved) at the City who will meet in person on a priority basis to diligently discuss in good faith a possible resolution. If such individuals cannot resolve the matter in dispute within 15 days of it being referred to them by meeting in person (or such other time as the Parties agree), the Parties will immediately refer the matter in dispute to the CEO of TransLink and the City Manager of the City for resolution. If the CEO of TransLink and the City Manager of the City cannot resolve the matter in dispute within 15 days of meeting in person (or such other time as the Parties agree), either Party may refer the matter to be resolved by binding arbitration, in accordance with the rules of the British Columbia International Commercial Arbitration Centre and if such rules are silent with respect to discovery of documents each Party will be entitled to full discovery of documents and examination for discovery as provided by the Supreme Court Civil Rules (British Columbia), or any other rules agreed to by the Parties. (b) Despite paragraph (a) above, nothing in this Section 6.2 or elsewhere in this Contribution Agreement modifies or affects the applicability of the dispute resolution provisions of the Street Use Agreement, Millennium Line Access Agreement, or prior PPAs to any dispute involving the subject matter of those other agreements, unless the subject matter of such dispute overlaps with the subject matter of this Contribution Agreement, in which cas...

Enforcement and Dispute Resolution. 1. During the Compliance Plan Term, any violation of Part 412 by NGE shall be a violation of this Compliance Plan. If Staff determines that NGE has committed an act of non-compliance with the terms of the Compliance Plan, Staff will notify NGE’s CCO to explain the allegation. NGE will have fifteen (15) days to respond to Staff regarding the allegation(s) of non-compliance and, if the allegation is an accurate incident of actual non-compliance, to remedy such non-compliance. 2. During the Compliance Plan Term, violations of this Compliance Plan are violations of 220 ILCS 5/16-115. Should Staff determine that NGE has violated this Compliance Plan and has failed to address and remedy any instances of violation as permitted in section II.O.1, Staff may request that the Commission reopen this docket to make a determination as to whether NGE has failed to comply with the Settlement Agreement; seek such other or further relief before the Commission as is warranted and appropriate; and/or request or recommend to the Commission that it seek enforcement of this Settlement Agreement in a court of competent jurisdiction. If the Commission elects to reopen this proceeding to consider Staff’s allegations, Staff’s filing detailing the allegations will satisfy Staff's filing obligation and no further filing, complaint, charging document or any sort of filing by Staff or the Commission whatsoever shall be required, and NGE expressly waives the right to argue that any additional documents are required for any reason whatsoever. Notwithstanding the foregoing, and consistent with due process requirements, no such filing by Staff shall preclude NGE from submitting responsive filings,

Enforcement and Dispute Resolution. 1. Jurisdiction and enforcement over the Walgreens Texas Settlement Agreement shall be subject to the exclusive enforcement and jurisdiction of the Texas Consolidated MDL Court and shall not involve any federal forum, including without limitation the MDL 2804 Court, PEC, Fee Panel, or Enforcement Committee 2. The dispute resolution and enforcement provisions set forth in Section VI of the Walgreens National Settlement shall apply as to the State of Texas and any Texas PSC Subdivision that has participated in the Walgreens National Settlement, except that the Texas Attorney General and Texas PSC shall act as the Enforcement Committee.

Enforcement and Dispute Resolution. A. The terms of the Agreement and Consent Judgment applicable to the State will be enforceable solely by the State and Xxxxxxx. X. Xxxxxxx consents to the jurisdiction of the Court in which the Consent Judgment is filed, limited to resolution of disputes identified in subsection X.D for resolution in the Court in which the Consent Judgment is filed. C. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, they shall follow the remaining provisions of this section to resolve the dispute. D. Disputes not resolved informally shall be resolved in the Court that entered the Consent Judgment.

Enforcement and Dispute Resolution. A. The terms of the Agreement and Consent Judgment applicable to the State will be enforceable solely by the State and Xxxxxxx. Participating Subdivisions shall not have enforcement rights against Xxxxxxx with respect to the Agreement or Consent Judgment except as to payments that would be allocated to the Qualified Settlement Fund for subdivision use; provided, however, that the State shall establish a process for Participating Subdivisions to notify it of any perceived violations of the Agreement or Consent Judgment. X. Xxxxxxx consents to the jurisdiction of the court in which the Consent Judgment is filed, limited to resolution of disputes identified in subsection XI.D for resolution in the court in which the Consent Judgment is filed. C. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, they shall follow the remaining provisions of this section to resolve the dispute. D. Disputes not resolved informally shall be resolved in the Court that entered the Consent Judgment.

Enforcement and Dispute Resolution. A. The terms of the Agreement are enforceable by the Participating Subdivisions before the Honorable Xxxxxx Xxxxxxxx, In Re: Texas Opioid Litigation, MDL No. 18-0358, Master File No. 2018-63587, in the 152nd Judicial District Court, Harris County, Texas and by the State for the Consent Judgment applicable to the State in the court where the Consent Judgment is filed. Kroger consents to the jurisdiction of the Texas MDL Court, and to the court in which the Consent Judgment is filed, limited to resolution of disputes identified in subsection X.C for resolution in the court in which the Consent Judgment is filed. B. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, they shall follow the remaining provisions of this section to resolve the dispute. C. Disputes not resolved informally shall be resolved in the Court that entered the Consent Judgment for disputes with the Attorney General, or the Texas MDL Court for disputes with subdivisions. D. Terms for Release, Covered Conduct, Product definitions, and Timing of Payments are intended to reasonably mirror those in the proposed Global Settlement but shall in no way cause jurisdiction of the MDL 2804 Court, Fee Panel, or any persons or entities associated with the Global Settlement over the Texas Litigating Subdivisions who provide Texas participation forms and Texas releases.

Enforcement and Dispute Resolution. Any and all ---------------------------------- disputes, claims, issues and disagreements arising out of or relating to this Agreement or the breach of this Agreement (collectively "Disputes") shall be resolved exclusively in the manner set forth in this Section 9.7, except that the parties may seek injunctive or other provisional, expedited or extraordinary relief to protect their interests from irreparable harm.