Further Proceedings. The Contract Dispute Resolution Board shall permit the Contractor to present its case by submission of memoranda, briefs, and oral argument. The Contract Dispute Resolution Board shall also permit NYCDOT to present its case in response to the Contractor by submission of memoranda, briefs, and oral argument. If requested by the City Corporation Counsel, the Comptroller shall provide reasonable assistance in the preparation of the Agency’s case. Neither the Contractor nor NYCDOT may support its case with any documentation or other material that was not considered by the Comptroller, unless requested by the Contract Dispute Resolution Board. The Contract Dispute Resolution Board, in its discretion, may seek such technical or other expert advice as it shall deem appropriate and may seek, on its own or upon application of a party, any such additional material from any party as it deems fit. The Contract Dispute Resolution Board, in its discretion, may combine more than one dispute between the parties for concurrent resolution.
Further Proceedings. The CDRB shall permit the Contractor to present its case by submission of memoranda, briefs, and oral argument. The CDRB shall also permit the Agency to present its case in response to the Contractor by submission of memoranda, briefs, and oral argument. If requested by the Corporation Counsel, the Comptroller shall provide reasonable assistance in the preparation of the Agency’s case. Neither the Contractor nor the Agency may support its case with any documentation or other material that was not considered by the Comptroller, unless requested by the CDRB. The CDRB, in its discretion, may seek such technical or other expert advice as it shall deem appropriate and may seek, on it own or upon application of a party, any such additional material from any party as it deems fit. The CDRB, in its discretion, may combine more than one dispute between the parties for concurrent resolution.
Further Proceedings. It is intended by the parties that any action to be taken hereinafter by the County pursuant to the express provisions of this Agreement may be undertaken by the County without necessity of further proceedings. To the extent that additional proceedings are required by law, however, the County agrees, to the extent permitted by law, to undertake all such steps as may be reasonably required or appropriate to effectuate the intent of this Agreement.
Further Proceedings. 14.4.1 The Party requesting the meeting may proceed to arbitration if the other Party has not agreed to a meeting or counter-proposed a meeting within fourteen (14) days after receiving the claiming Party’s request, or has failed to participate in an agreed meeting.
14.4.2 The Party receiving a request for a meeting may proceed to arbitration if the other Party has not agreed to a meeting within fourteen (14) days after receiving a counter-proposal, or has failed to participate in an agreed meeting.
14.4.3 Either Party may proceed to arbitration if a meeting takes place and the claim is not resolved.
Further Proceedings. (a) The Party requesting the meeting may proceed to arbitration if the other Party has not agreed to a meeting or counter-proposed a meeting within [**] after receiving the claiming Party’s request, or has failed to participate in an agreed meeting.
(b) The Party receiving a request for a meeting may proceed to arbitration if the other Party has not agreed to a meeting within [**] after receiving a counter-proposal, or has failed to participate in an agreed meeting.
(c) Either Party may proceed to arbitration if a meeting takes place and the claim is not resolved or if a claim arises after the term of this Agreement.
Further Proceedings. To the extent additional proceedings are required by law, however, the County agrees to undertake all such steps as may be reasonably required or appropriate to effectuate the intent of this Agreement.
Further Proceedings. If the forum selected in accordance with Section 8.3 is not a court, then after the final decision of such forum is rendered, the Company or Indemnitee shall have the right to apply to the Court of Chancery of Delaware, the court in which the proceeding giving rise to Indemnitee’s claim for indemnification is or was pending or any other court having jurisdiction of the subject matter and the parties, for the purpose of appealing the decision of such forum, provided that such right is executed within sixty (60) days after the final decision of such forum is rendered. If the forum selected in accordance with Section 8.3 is a court, then the rights of the Company or the Indemnitee to appeal any decision of such court shall be governed by the applicable laws and rules governing appeals of the decision of such court.
Further Proceedings. A. If the Alleged Violation is not resolved after satisfying the requirements of these Alternative Non-Adversarial Procedures, and the parties desire to proceed further they shall proceed in accordance with any Binding Dispute Resolution provisions of the Master Declaration.
B. The determination of any Alleged Violation in a further Binding Dispute Resolution proceeding shall be governed by the applicable Standards or One Year Limited Fit & Finish Warranty provision.
C. The statute of limitations and tolling periods established in California Civil Code Sections, 927 and 941 shall apply to these Alternative Non-Adversarial Procedures.
D. If there has been no previous mediation between Homebuilder and Claimant, and if Claimant has complied with the requirements of these Alternative Non-Adversarial Procedures, then prior to proceeding with a further Binding Dispute Resolution proceeding or other Action, Claimant or his or her legal representative shall request mediation in writing. Said mediation shall proceed in accordance with Section 9 of these Alternative Non-Adversarial Procedures. In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed.
E. If an action combines causes of action or damages not covered by these Alternative Non- Adversarial Procedures, the Alleged Violations shall be administered according to these Alternative Non- Adversarial Procedures, while the other actions shall be administered pursuant to and in accordance with the Binding Dispute Resolution provisions of the Master Declaration.
F. In a further Binding Dispute Resolution proceeding or other action Homebuilder may introduce the fact that a repair effort was made. However, Claimant may use the condition of the Property prior to the repair as the basis for contending that the repair work was inappropriate, inadequate or incomplete, or that the violation still exists. The claimant need not show that the repair work resulted in further damage nor that the damage has continued to occur as a result of the violation.
G. Evidence of both parties’ conduct during these Alternative Non-Adversarial Procedures may be introduced during a further Binding Dispute Resolution proceeding, if any, with the exception of any conduct, statements, documents or information provided during a mediation pursuant to the Alternative Non- Adversarial Procedures, or f...
Further Proceedings. 18.7.1 The mediator shall not act in any subsequent legal or similar proceedings in respect of the dispute in which he acted as mediator.
18.7.2 The mediator shall not be held liable for any act or omission unless it shall be shown that he has acted fraudulently or in bad faith.
Further Proceedings. The Authorized Officers and other appropriate officials of the Authority are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms and provisions of this Loan Agreement.
