Exceptional Cases. In an exceptional and compelling case involving under or overpayment, the District and Association may mutually agree to an alternative resolution than is provided by this Section. If there is no agreement, the provisions in A, B, and C, above shall apply.
Exceptional Cases. Where the application of this rule appears impractical or unjust, the Producer may refer the matter to the Commission for special ruling or for the approval of special conditions.
Exceptional Cases. When an employee, contractor, licensee, certificate holder, or grantee of an agency that does not have original classification authority origi- nates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing directives to the agency that has appropriate subject mat- ter interest and classification authority with respect to this information. That agency shall decide within 30 days whether to classify this information. If it is not clear which agency has classification responsibility for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary subject matter interest and forward the infor- mation, with appropriate recommendations, to that agency for a classification deter- mination.
Exceptional Cases. An employee's participation in a Voluntary Program of Reduced Hours shall be for the period of time set forth in the applicab le Program. However, in exceptional circumstances, and if the employee and her manager reach an agreement, participation of the employee in the program may be ended or conditions may be modified.
Exceptional Cases. In unusual circumstances when the application of this Rule appears to create a hardship to either party, the Company or the Applicant may refer the matter to the Commission for special ruling thereon prior to commencing construction.
Exceptional Cases. Where the application of this rule appears impractical or unjust, either PG&E or the Producer may refer the matter to the Public Utilities Commission for special rulings. The test for approving variations from this rule will be proof of indifference to PG&E's ratepayers. The burden of proof will fall to the party requesting the variance.
Exceptional Cases. While it is intended that the arrangements in this MoU should apply generally, it is recognised that some circumstances will require special handling. Nothing in this MoU prevents the making of arrangements to meet specific exceptional needs provided these are managed within the provisions of relevant legislation.
Exceptional Cases. Regardless of provisions set out in the Clause 2.1 (a), in certain exceptional cases set out below, and in alignment with the procedures that shall be determined later for every case, the Receiving Party may disclose the Confidential Information received from the Disclosing Party:
3.1 For the Purpose, the Receiving Party may disclose all or part of the Confidential Information to one or more external advisers, including but not limited to financial, legal, and technical advisors (hereinafter, "Advisors”). The Receiving Party shall cause the Advisors to agree in writing to be bound by same confidentiality duties in compliance with the current terms and conditions of this Agreement in order for the Advisors to have access to the Confidentiality Information.
3.2 Such disclosure is required by law or any regulation applicable (e.g. by deposition, interrogatories, request for documents, subpoena, civil investigative demand or similar process), provided that the Receiving Party shall give prior written notice to the Disclosing Party so that it may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In the event that such protective order or other remedy is not obtained prior to the date the Receiving Party is legally compelled or required to disclose the Confidential Information, or that the Disclosing Party waives compliance with this Agreement, the Receiving Party shall furnish only that portion of Confidential Information which is legally required and shall exercise commercially reasonable efforts to obtain a reliable assurance that confidential treatment will be accorded to Confidential Information.
Exceptional Cases. In unusual circumstances, when the application of this rule appears impractical or unjust to either party, the Utility or the applicant may refer the matter to the Commission for special ruling or for the approval of special conditions which may be mutually agreed upon, prior to commencing construction.
Exceptional Cases. (a) Tenure may be awarded prior to completion of the usual eligibility period in certain exceptional cases. In such cases, the burden of proof rests with the individual.
(b) Extension of the tenure review period may be granted in certain exceptional cases. In such cases the faculty member must formally request such an extension and indicate the reason for the request. An institution that permits an extension of the tenure review period must include in its policies the procedure a faculty member must follow to request such an extension, and the basis for determining the modified timeline for review.
