Exceptions to the Process Clause Samples
The "Exceptions to the Process" clause defines circumstances under which the standard procedures outlined in an agreement do not apply. This clause typically lists specific scenarios, such as emergencies, regulatory requirements, or mutually agreed-upon situations, where parties are permitted to bypass or modify the usual steps. By clearly identifying these exceptions, the clause provides flexibility and ensures that the process remains practical and adaptable in unforeseen or special cases.
Exceptions to the Process. 11.2.1 Disputes arising as a result of any of the following matters will not be dealt with under the dispute resolution process provided in section 11.1 (The Process):
(a) budget decisions of the Recipient that are consistent with the terms and conditions of this Agreement;
(b) the amount of funding provided by Canada under this Agreement;
(c) an audit or evaluation under article 7.0 (Access by Canada to Records) or section 13.6 (Audit and Evaluation);
(d) a decision by Canada that the Recipient is in default;
(e) any action taken by Canada under article 9.0 (Remedies on Default) or section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities); and
(f) matters of policy.
Exceptions to the Process. 12.3.1 Disputes arising as a result of any of the following matters will not be dealt with under the dispute resolution process provided for in section 12.1 (The Process):
(a) budget decisions of the Council made in accordance with the terms and conditions of this Agreement;
(b) the amount of funding provided by Canada for programs, services and activities under this Agreement;
(c) an audit or evaluation under article 8.0 (Access by Canada to Accounts and Records) or section
Exceptions to the Process. 3.1 Disputes arising as a result of any of the following matters will not be dealt with under the dispute resolution process provided for in section 12.1 (The Process): (a) budget decisions of the Council made in accordance with the terms and conditions of this Agreement; (b) the amount of funding provided by Canada for programs,
1.1 Without limiting section 3.2 (Funding Subject to Appropriations and Departmental Funding Authorities) or Canada's right to terminate under section 10.2 (Action Canada May Take), this Agreement may be terminated by either party upon written notice to the other party, stipulating the reason for termination, provided that before any such termination can become effective: (a) the parties exhaust the dispute resolution process provided for in article 12.0 Dispute Resolution), or any other process agreed to in writing by the parties, in respect of any dispute that has arisen under this Agreement; and (b) the parties agree on a time frame to terminate the Agreement in a manner that will not jeopardize the administration and delivery of the programs and services to Members and Recipients. TERMINATION OF THIS AGREEMENT 14.0 Either DIAND or the First Nation may by notice terminate this Agreement other than for a default if DIAND and the First Nation agree on a timeline for terminating this Agreement that will minimize the impact on delivery of the Programs and Services.
14.1 If this Agreement is terminated, the First Nation must: (a) refund any unexpended funding; (b) refund any debt owing and payable to DIAND; and (c) refund amounts specified in a notice requiring a refund.