Inability to Reach Agreement Sample Clauses

Inability to Reach Agreement. (a) If agreement is not reached within forty-five (45) calendar days of the first collective bargaining meeting in lieu of requesting the State Employment Relations Board to intervene as provided in Section 4117.14(C)(2), the parties agree to submit a joint written request to the Federal Mediation & Conciliation Service (FMCS) for a mediator to assist the parties. Upon mutual agreement, the parties may request mediation from an alternate mediation service. Nothing herein shall prevent the parties from mutually agreeing to continue negotiations without mediation assistance. (b) The mediator shall have the authority to hold bargaining sessions and to confer with any persons deemed necessary to resolve the impasse. The function of the mediator shall be to offer suggestions, ideas, concepts, impressions, etc., for the purpose of moving both parties to a negotiated agreement. (c) If agreement is not reached on unresolved issue(s) by the tenth (10th) calendar day prior to the expiration of the existing agreement or any mutually agreed extension thereof, the Association may give a written ten (10) day notice of an intent to strike to the Board and to the State Employment Relations Board (SERB) in keeping with Section 4117.14(D)(2) of the Ohio Revised Code. (d) Nothing herein shall be construed to prohibit the parties at any time from mutually and voluntarily agreeing to submit any and all issues in dispute to any alternative dispute settlement procedure.
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Inability to Reach Agreement a. If the parties are unable to agree on a successor Agreement, either party may at any time thereafter request in writing the appointment of a mediator. The parties shall attempt for three (3) business days from the receipt of the written request to agree on a mediator. If they are unable to agree on a mediator within those three (3) days, the parties shall sign a joint request for a mediator through the Federal Mediation and Conciliation Service (FMCS). b. Mediation shall take place from the assignment of the mediator for a period of 21 days or the expiration of the contract whichever is less. c. In the event agreement is not reached by the expiration date of the Agreement, the Agreement will be extended pursuant to procedures adopted by the State Employment Relations Board (SERB). Whenever, in the judgment of either party, it appears that no more progress can be accomplished by the expiration date of the Agreement or any mutually agreed to extensions, then the Association may initiate the provisions of Section 4117 of the Ohio Revised Code. Which states in pertinent part, "Public employees other than those listed in Division (D) (1) of this section have the right to strike under Chapter 4117 of the Revised Code provided that the employee organization representing the employee has given a ten (10) day prior written notice of an intent to strike to the public employer and to the Board. d. This procedure of Article II.A.11 is the part the parties mutually agreed alternative Dispute Resolution Procedure and supersedes the Dispute Resolution Procedures of the Ohio Revised Code.
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Inability to Reach Agreement. A. Impasse may be declared by either party in writing, when one or both parties have bargained to the point where they have had several meetings and further discussion or providing of counterproposals has become futile in terms of reaching agreement. B. Impasse shall be considered to have occurred when agreement is not reached within forty-five (45) days prior to contract expiration. Upon declaration by either party that impasse has been reached, the moving party shall contact the Federal Mediation & Conciliation Service (FMCS) to request the services of a mediator whereupon mediation shall be initiated. This process shall continue until either party or the mediator determines that no further progress is attainable at this initial level of impasse whereupon:
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Inability to Reach Agreement. 1. If on June 1, or a date mutually agreed upon, tentative agreement on all items is not reached, both parties shall utilize the services of the Federal Mediation and Conciliation Service (FMCS). 2. If mediation fails to produce an agreement, within five (5) days after expiration of this Agreement, then the Association in keeping with Section 4117.14 (D) (2) of the Ohio Revised Code may give a ten
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Inability to Reach Agreement. 1. If the parties are unable to agree on a successor agreement by June 1 of the year in which this Agreement expires, either party may any time thereafter request in writing the appointment of a mediator. The parties shall attempt for three (3) business days from the receipt of the written request to agree on a mediator. If they are unable to agree on a mediator within those three (3) business days, the parties shall sign a joint request for selection of a mediator through the Federal Mediation and Conciliation Service (FMCS). 2. The mediator will meet with the parties in an attempt to resolve the remaining issues. He/she shall hold such further meetings as, in his/her judgment, may be necessary to resolve the issues, but may not hold more than a total of three (3) meetings with the parties without the written consent of both. The mediator will confine himself/herself to the process of mediation and shall not engage in fact-finding or other form of interest arbitration without the express written consent of both parties. 3. In the event agreement is not reached by the expiration date of the Agreement, the Agreement may be extended only by mutual consent of both parties. Whenever, in the judgment of either party, it appears that no more progress can be accomplished by the expiration date of the Agreement or any mutually agreed to extensions, then the Association may initiate the provisions of Section 4117.14(D)(2) of the Ohio Revised Code. 4. This procedure of Article II (D) is the parties mutually agreed alternative Dispute Resolution Procedure and supersedes the Dispute Resolution Procedures of 0.R.C 4117.14 (C) (2-6).
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Inability to Reach Agreement. A. Impasse may be declared by either party in writing, when one or both parties have bargained to the point where they have had several meetings and further discussion or providing of counterproposals has become futile in terms of reaching agreement. B. Impasse shall be considered to have occurred when agreement is not reached within forty-five (45) days prior to contract expiration. Upon declaration by either party that impasse has been reached, the moving party shall contact the Federal Mediation & Conciliation Service (FMCS) to request the services of a mediator whereupon mediation shall be initiated. This process shall continue until either party or the mediator determines that no further progress is attainable at this initial level of impasse whereupon: C. The parties shall request a list of arbitrators from the American Arbitration Association (AAA), the majority of which shall be from the state of Ohio. The AAA list shall contain only arbitrators who are able to serve within fifteen (15) days from selection. The AAA shall at the time of mailing the list to the parties, telephone the representatives of the parties with names on the list to facilitate the selection process. The selection of the arbitrator must be made within fifteen (15) days of the declaration of impasse. D. Representatives of both parties will have the authority to call witnesses, hold hearings and confer with either party to effect a recommendation. E. The arbitrator may attempt to mediate a resolution at any time during the process if representatives of the parties mutually agree to such mediation. F. The arbitrator shall make recommendations for settlement of the unresolved issues within twenty (20) days of the hearing. In making the recommendations, the panel shall take into consideration the factors noted in R.C. 4417.14G(7)(a)(f). G. The parties shall accept or reject the arbitrator's recommendation within fifteen (15) calendar days of receipt of the recommendations. If either party rejects the recommendations, the teams shall meet at least once within three (3) days after the above mentioned fifteen (15) day limit to attempt to reach a settlement. 1. If a party fails to vote on the recommendations within the fifteen (15) days, that party shall be viewed as having accepted the recommendations. 2. If either the Board or the Association rejects the recommendations, either party may publicize the findings of fact and recommendations of the fact-finding panel. H. The fees of the a...
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Inability to Reach Agreement. In the event that the Parties are unable to reach agreement on the terms of a Joint Commercialization Agreement for any reason whatsoever within the time set forth in Section 8.2, the provisions of Section 5.3.2 and Section 8.5 shall apply unless the Parties then otherwise agree.
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Related to Inability to Reach Agreement

  • Inability to Pay Debts; Attachment (i) Any Loan Party or any Subsidiary thereof becomes unable or admits in writing its inability or fails generally to pay its debts as they become due, or (ii) any writ or warrant of attachment or execution or similar process is issued or levied against all or any material part of the property of any such Person and is not released, vacated or fully bonded within 30 days after its issue or levy; or

  • Warranty of Ability to Perform The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract.

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. Contractor’s candidates shall complete this Resume Self-Certification Form. Completed Resume Self-Certification Forms shall be submitted within the Contractor’s response to Customer’s requests for quote. “I the undersigned do hereby certify, under the penalty of perjury, that information in my resume submitted for consideration of the State of Florida contract position is true, correct, complete, and made in good faith to the best of my knowledge and belief. If an omission, falsification, misstatement, or misrepresentation has been made regarding my education, work ability, experience, employment history, and/or fitness for employment as a contractor, I may be disqualified as a contractor, and the matter will be reported to appropriate agency or law enforcement personnel. I understand that there may be civil and/or criminal penalties for misrepresenting pertinent information in connection with contract positions, including, but not limited to, penalties available under sections 287.133 or 817.566, Florida Statutes. I further understand that if I am not a United States citizen, violation cases may be reported to the US Department of Homeland Security for potential deportation.” “In addition, I the undersigned do hereby consent to the release of my information by employers, educational institutions, law enforcement agencies, and other individuals and organizations to investigators and other authorized agents of Florida for verification and investigation purposes. I understand that any documents submitted to procure a contract(s) with the State of Florida, including resumes, are public records.” Print Full Legal Name of Candidate Candidate’s Signature Date Candidate’s Form of Identification Presented Identification number Contractor’s Witness Signature One Date Contractor’s Witness Signature Two Date Print Name Contractor’s Witness One Print Name Contractor’s Witness Two Customers shall complete this Contractor Selection Justification Form for each candidate selected and attach all completed forms to the purchase order. Date: Contractor’s Name: Contractor’s Contact Information: Candidate’s Name: Address: _ Phone: _ Email: Date Candidate will be available: _ Hourly rate of candidate: $ Position candidate recommended for: _ Justification for selection of candidate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Agency: Division/Section/Unit: _ Printed Name: _ Title: _ Signature _ Date: Contractor's Name: Quarter: Purchase Order (PO) Number: PO Total $ Amount: PO Starting Date Ending Date Please review the attached Rating Definitions and provide your opinion by rating the following: 1. Effectiveness performing tasks 2. Quality & completeness of work 3 ❒ 3 ❒ 2 ❒ 2 ❒ 1 ❒ 1 ❒

  • Ability to Abandon CVR A Holder may at any time, at such Holder’s option, abandon all of such Holder’s remaining rights in a CVR by transferring such CVR to Parent without consideration therefor. Nothing in this Agreement is intended to prohibit Parent from offering to acquire CVRs for consideration in its sole discretion.

  • Eligibility to Work The Contractor must ascertain and validate that all proposed staff resources, including all employees, subcontractors and agents, (hereinafter “Contractor Staff Member”), are either U.S. citizens or non-U.S. citizens.

  • Termination of Services 6.2. To promote a non-discriminatory work environment based on the principle of equality, employers and the trade union should adopt appropriate measures to ensure that employees with HIV and AIDS are not unfairly discriminated against and are protected from victimisation through positive measures such as: (i) preventing unfair discrimination and stigmatisation of people living with HIV or AIDS through the development of HIV/AIDS policies and programmes for the workplace; (ii) awareness, education and training on the rights of all persons with regard to HIV and AIDS; (iii) mechanisms to promote acceptance and openness around HIV/AIDS in the workplace; (iv) providing support for all employees infected or affected by HIV and AIDS; and (v) grievance procedures and disciplinary measures to deal with HIV-related complaints in the workplace. 7. HIV TESTING, CONFIDENTIALITY AND DISCLOSURE

  • Suspension or Termination of Services You agree that Firstrade Securities Inc. reserves the right in its sole discretion to suspend or terminate your access to any or all of Firstrade Securities Inc.'s Electronic Services for any reason and without prior notice to you. You agree not to hold Firstrade Securities Inc. responsible or liable for any disruptions in service due to: telephone network, computer network or other system problems beyond the control of Firstrade Securities Inc.: system maintenance or system upgrades; or any other event or circumstance beyond the control of Firstrade Securities Inc.

  • Financial Ability to Perform (a) The Purchaser has as of the date hereof, and at Closing will have, sufficient Cash, available lines of credit or other sources of immediately available funds available to it, in each case sufficient, when taken together with the net Cash proceeds of the debt financing contemplated by the Debt Commitment Letter (as defined below), assuming such debt financing is funded, to enable the Purchaser to perform all of its obligations hereunder, including delivering the Closing Purchase Price and any amount required to be delivered by it in accordance with Section 2.07, as and when contemplated by this Agreement and to pay all related costs, fees and expenses of the Purchaser that are necessary to consummate the Transactions, and the Purchaser has provided written evidence thereof to the Seller Parties prior to the date hereof. Without limiting Section 11.09, in no event shall the receipt or availability of any funds or financing by or to the Purchaser or any of its Affiliates, including any Debt Financing, or any other financing transaction be a condition to any of the obligations of the Purchaser hereunder, including to consummate the Transactions hereunder. (b) The Purchaser has delivered to the Seller Parties, on or prior to the date hereof, a true, complete and correct copy of a duly executed debt commitment letter (as attached hereto as Exhibit F, including all related fee letters and side letters (as customarily redacted for a transaction of this nature with respect to fees, none of which redacted terms would reasonably be expected to adversely affect conditionality, amount or availability of the debt financing contemplated by the Debt Commitment Letter), and all exhibits, schedules, annexes, supplements and term sheets forming a part thereof), addressed to the Purchaser and dated as of the date hereof (as amended or modified only in accordance with Section 7.18, the “Debt Commitment Letter”), from the Financing Sources party thereto, pursuant to which such Financing Sources have committed to provide the Purchaser with debt financing for the transactions contemplated hereby in an aggregate amount as set forth therein. As of the date hereof, the Debt Commitment Letter is a legal, valid and binding obligation of the Purchaser and, to the Knowledge of the Purchaser, the other parties thereto, is in full force and effect, and is enforceable against the parties thereto in accordance with its terms, subject to the Bankruptcy and Equity Exception. There are no side letters or other Contracts, agreements or understandings to which the Purchaser or any of its Affiliates is a party relating to the debt financing contemplated by the Debt Commitment Letter other than as expressly set forth in the Debt Commitment Letter. Except as specifically set forth in the Debt Commitment Letter, there are no conditions precedent to the obligations of any Financing Sources to fund the debt financing contemplated by the Debt Commitment Letter and there are no contingencies pursuant to any Contract, agreement or other understanding relating to the transactions contemplated hereby to which the Purchaser or any of its Affiliates is a party that would permit the Financing Sources to reduce the total amount of the debt financing contemplated by the Debt Commitment Letter or impose any additional condition precedent that would adversely affect, prevent or delay the availability of the debt financing contemplated by the Debt Commitment Letter. As of the date of this Agreement, the Debt Commitment Letter has not been amended or modified (and no such amendment or modification is contemplated as of the date of this Agreement) and the commitments set forth in the Debt Commitment Letter have not been withdrawn or rescinded in any respect (and no such withdrawal or rescission is contemplated as of the date of this Agreement). No event has occurred, and the Purchaser has not received any notice or other communication from any other party to the Debt Commitment Letter with respect to the occurrence of any event, which, with or without notice, lapse of time or both, would or could reasonably be expected to result in any breach by the Purchaser of, or constitute a default by the Purchaser under, any term or condition to closing of the Debt Commitment Letter, and as of the date hereof, to the Knowledge of the Purchaser, no other party to the Debt Commitment Letter is in breach of the Debt Commitment Letter. The Purchaser (i) is not aware of any fact or occurrence that makes any of the representations or warranties of the Purchaser in the Debt Commitment Letter inaccurate in any material respect, (ii) has no reason to believe that it will be unable to satisfy on a timely basis any term or condition of closing to be satisfied by it or its Affiliates contained in the Debt Commitment Letter and (iii) has no reason to believe that any portion of the debt financing contemplated by the Debt Commitment Letter required to consummate the transactions contemplated hereby will not be made available to the Purchaser on the Closing Date. The Purchaser has fully paid any and all commitment fees and other fees required by the Debt Commitment Letter to be paid as of the date of this Agreement. To the extent this Agreement must be in a form acceptable to any Financing Source(s), such Financing Source(s) have approved this Agreement.

  • Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.

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