General Reference Sample Clauses

General Reference. The standard Design-Build Stipulated Price Contract, CCA-CSC-RAIC Document 14-2000, consisting of the Agreement between Owner and Design-Builder, Definitions of the Design-Build Stipulated Price Contract and the General Conditions of the Design-Build Stipulated Price Contract (collectively, the “CCDC 14”), the Construction Documents and these Supplementary Conditions, are hereby made part of these Contract Documents. The following Supplementary Conditions shall be read in conjunction with the CCDC 14.
Sample 1
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General Reference. The parties hereto agree to waive their respective rights to jury trial and to submit all disputes of fact or of law relating to or arising out of this Agreement to a trial pursuant to an Order of Reference pursuant to California Code of Civil Procedure (“CCP”) § 638(a), after filing an action in Orange County Superior Court. The parties intend that this general reference agreement shall be specifically enforceable in accordance with § 638(a). The referee shall be a retired judge or justice from JAMS having experience in employment matters. If the parties are unable to agree upon a referee, each party shall submit to the Orange County Superior Court in which the action is pending up to three nominees for appointment as referee and the court shall make the appointment from the nominees in accordance with CCP § 640, except that only one referee shall be appointed. Likewise, if no nominations are received from any of the parties, the court shall make the appointment pursuant to CCP § 640. The parties further agree first to mediate any such dispute before a neutral at JAMS. Any mediation or trial pursuant to the general reference herein will be conducted at JAMS’ office in Orange County, California. The parties shall pay in advance the estimated reasonable fees and costs of the reference or mediation, as may be specified in advance by the referee or JAMS. The parties shall initially share equally, by paying their proportionate amount of the estimated fees and costs of the mediation or reference, subject to reallocation by the referee in a post-trial costs memorandum proceeding. Nothing in this Section 12(b) shall preclude any party from seeking injunctive relief in a court of competent jurisdiction
Sample 1
General Reference. Any dispute arising out of or relating to this Agreement shall be heard by general reference pursuant to the provisions of California Code of Civil Procedure Sections 638 through 645.1, inclusive, according to the following procedures: (i) The parties shall agree upon a single referee, the maximum hourly rate the referee may charge, and at the request of either party, the maximum number of hours for which the referee may charge. Such referee shall then try all issues, whether of fact or law, and report a finding and judgment thereon. If the parties are unable to agree upon a referee, the maximum hourly rate, or, if so requested, the maximum hours for which the referee may charge, within ten (10) days of a written request to do so by any party, then any party may thereafter seek to have a referee appointed by a State court located in the County of Sacramento, subject to the right of either party to object as permitted by the referenced sections of the California Code of Civil Procedure; (ii) The parties agree that the referee shall have the power to decide all issues of fact and law and report his/her decision thereon, and to issue all legal and equitable relief appropriate under the circumstances of the issues before him/her; provided, however, that to the extent the referee is unable to issue and/or enforce any such legal or equitable relief, either party may petition a State court in the County of Sacramento to issue and/or enforce such relief on the basis of the referee’s decision; (iii) The parties shall agree upon the rules of evidence and procedure relating to the conduct of the hearing, examination of witnesses and presentation of evidence. If the parties are unable to agree upon such rules and procedures within thirty (30) days of a written request to do so by any party, then the California Evidence Code rules of evidence and procedure relating to the conduct of the hearing, examination of witnesses and presentation of evidence shall apply; (iv) Any party desiring a stenographic or written record of the hearing may secure a court reporter to attend the hearing at such party’s costs; (v) The referee shall issue a written statement of decision which shall be reported to the State court in the County of Sacramento in accordance with California Code of Civil Procedure Section 643 and mailed promptly to the parties; (vi) Judgment may be entered on the decision of the referee in accordance with California Code of Civil Procedure Section 644, and the deci...
Sample 1

Related to General Reference

  • General References All references in this Supplemental Indenture to Articles and Sections, unless otherwise specified, refer to the corresponding Articles and Sections of this Supplemental Indenture; and the term “herein”, “hereof”, “hereunder” and any other word of similar import refers to this Supplemental Indenture.

  • Judicial Reference TO THE EXTENT THAT THE WAIVER OF JURY TRIAL IN SECTION 11.22(a) IS UNENFORCEABLE, THE PARTIES HERETO DESIRE THAT THEIR DISPUTES BE RESOLVED BY A JUDGE OR RETIRED JUDGE APPLYING THE APPLICABLE LAW. THEREFORE, THE PARTIES HERETO AGREE TO REFER, FOR A COMPLETE AND FINAL ADJUDICATION, ANY AND ALL ISSUES OF FACT OR LAW INVOLVED IN ANY LITIGATION OR PROCEEDING (INCLUDING ALL DISCOVERY AND LAW AND MOTION MATTERS, PRETRIAL MOTIONS, TRIAL MATTERS, AND POST-TRIAL MOTIONS (E.G., MOTIONS FOR RECONSIDERATION, NEW TRIAL AND TO TAX COSTS, ATTORNEY FEES AND PREJUDGMENT INTEREST)) UP TO AND INCLUDING FINAL JUDGMENT, BROUGHT TO RESOLVE ANY DISPUTE (WHETHER SOUNDING IN CONTRACT, TORT, UNDER ANY STATUTE, OR OTHERWISE) BETWEEN THE ADMINISTRATIVE AGENT OR ANY LENDER AND BORROWER ARISING OUT OF, CONNECTED WITH, OR RELATED OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THE PARTIES IN CONNECTION WITH THIS AGREEMENT, THE LOAN DOCUMENTS OR THE TRANSACTIONS RELATED HERETO AND THERETO, TO A JUDICIAL REFEREE WHO SHALL BE APPOINTED UNDER A GENERAL REFERENCE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 638. THE REFEREE’S DECISION WOULD STAND AS THE DECISION OF THE COURT, WITH JUDGMENT TO BE ENTERED ON HIS STATEMENT OF DECISION IN THE SAME MANNER AS IF THE ACTION HAD BEEN TRIED BY THE COURT. THE ADMINISTRATIVE AGENT AND THE BORROWER SHALL SELECT A SINGLE NEUTRAL REFEREE, WHO SHALL BE A RETIRED STATE OR FEDERAL JUDGE WITH AT LEAST FIVE YEARS OF JUDICIAL EXPERIENCE IN CIVIL MATTERS. IN THE EVENT THAT THE AGENT AND THE BORROWER CANNOT AGREE UPON A REFEREE, THE REFEREE SHALL BE APPOINTED BY THE COURT. BORROWER SHALL BEAR THE FEES AND EXPENSES OF THE REFEREE UNLESS THE REFEREE OTHERWISE PROVIDES IN THE STATEMENT OF DECISION. EACH PARTY AGREES THAT ANY PARTY TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 11.22 WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE SIGNATORIES HERETO TO THE REFERENCE TO A JUDICIAL REFEREE AS PROVIDED ABOVE.”

  • EMPLOYMENT REFERENCES D3.01 On application by an employee, the Employer shall provide personal references to the prospective employer of such employee, indicating length of service, principal duties and responsibilities, and performance of such duties.

  • California Judicial Reference If any action or proceeding is filed in a court of the State of California by or against any party hereto in connection with any of the transactions contemplated by this Agreement or any other Loan Document, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee (who shall be a single active or retired judge) to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision, provided that at the option of any party to such proceeding, any such issues pertaining to a “provisional remedy” as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) without limiting the generality of Section 10.04, the Borrower shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.

  • Terms of Reference The SSEC shall update, not later than January 31, 2023, the terms of reference for the committee. If no such agreement can be reached the SSEC shall make recommendations to the Provincial Labour Management Committee (PLMC). Commencing July 1, 2022, there will be $50,000 of annual funding allocated for the purposes set out above. Commencing July 1, 2024, there will be an additional $1,000,000 of annual funding allocated for the purposes set out above.

  • CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

  • Cross-References References in this Amendment to any Article or Section are, unless otherwise specified, to such Article or Section of this Amendment.

  • Section References All section references, unless otherwise indicated, shall be to Sections in this Agreement.

  • Time References Unless otherwise indicated herein, all references to time of day refer to Eastern Standard Time or Eastern daylight saving time, as in effect in New York City on such day. For purposes of the computation of a period of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”; provided, however, that with respect to a computation of fees or interest payable to any Secured Party, such period shall in any event consist of at least one full day.

  • Exhibits Incorporated by Reference Each of the exhibits and schedules attached hereto is expressly incorporated herein and made a part of this Agreement, and all references to this Agreement shall include the exhibits. In the event of any inconsistency between this Agreement (without reference to the exhibits) and the exhibits, the terms of the exhibits shall govern. This Agreement (without reference to the exhibits) may be interpreted with reference to the definitions set forth in the exhibits, to the extent such terms are used herein.

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