INDEPENDENT REVIEWER Sample Clauses

INDEPENDENT REVIEWER. A. The Parties have selected Xxxxxxx Xxxxxxx as an expert to monitor the State’s implementation of this Agreement (the “Reviewer”). The Reviewer shall have full authority to independently assess, review, and report annually on the State’s implementation of and compliance with the provisions of this Agreement. In the event that the Reviewer resigns or the Parties agree to replace the Reviewer, the Parties shall meet and confer within 30 days of the notice of resignation or the Parties’ agreement to select a replacement Reviewer. If they are unable to agree on a replacement Reviewer, the Parties shall each, within 21 days of the meet and confer, nominate two individuals with expertise in the provision of community- based services to persons with mental illness. The Court will select the replacement Reviewer from among those nominated by the Parties. B. The annual budget for the Reviewer shall be $250,000.00. All reasonable fees, costs and expenses of the Reviewer, including the cost of any consultants or staff hired by the Reviewer, shall be borne by the State up to the amount of this annual budget. The Reviewer shall provide a monthly accounting justifying the fees, costs and expenses. In no event will the State reimburse the Reviewer for any fees, costs or expenses that exceed the amount of this annual budget. The State shall be the final arbiter of what costs and expenses are considered reasonable. C. Within the budget described in Section IV(B), above, the Reviewer may hire staff and consultants, in consultation with and subject to reasonable objections by the State, to assist in his or her evaluations of the State’s compliance with this Agreement. The Reviewer and any hired staff or consultants are neither agents nor business associates of the State, the United States, or the Court. D. The Reviewer will confer regularly and informally with the Parties on matters related to implementation efforts and compliance. E. The Reviewer, and any hired staff or consultants, may: 1. Have ex parte communications at any time with the Parties, including counsel for the Parties, and employees, agents, contractors and all others working for or on behalf of the State or the United States to implement the terms of this Agreement. 2. Request meetings with either or both Parties. The purpose of these meetings shall include, among other things, prioritizing areas for the Reviewer to review, scheduling visits, discussing areas of concern, and discussing areas in which technic...

INDEPENDENT REVIEWER. 1. A neutral Independent Reviewer shall be selected to act as a subject matter expert and to assess compliance as specifically authorized by the terms of this Agreement, or as required by the Court. The Independent Reviewer should have prior experience administering a state government program that includes providing employment services to individuals with I/DD. The parties agree that the Independent Reviewer must not have served as an expert, consultant, monitor, or independent reviewer for any of the parties or their counsel in connection with this action. The Independent Reviewer shall be selected as follows: a. The parties shall attempt to jointly select an Independent Reviewer. b. If the parties are unable to agree on an Independent Reviewer, each party shall submit to the Court a list of up to three nominees, and the Court shall select an Independent Reviewer from those lists pursuant to Fed. R. Evid. 706(a). c. With respect to any Independent Reviewer proposed or nominated by any party in connection with Sections XIV(1)(a) and (1)(b), the nominating party must identify and describe each nominee’s qualifications and experience, including listing and describing each instance in which the nominee has served as an expert, consultant, monitor, or independent reviewer in any action involving the parties. d. A similar process will apply to the replacement of the Independent Reviewer, as necessary. 2. At defendants’ request, the Independent Reviewer will be available to assist the defendants in implementing the provisions of the Agreement, including, at defendants’ request, providing training and technical assistance. Such assistance may include recommendations to facilitate compliance; and identifying any obstacles to compliance and strategies to address such obstacles. 3. Other than the assistance available at defendants’ request under Section XIV.2 of this Agreement, the Independent Reviewer shall assess the defendants’ progress in achieving substantial compliance through the following: a. Conducting an annual review of the State’s compliance with Sections IV(2), V(B)(1),and VI(3) of this Agreement; b. Conducting a review of the State’s compliance with Section VI(5) of this Agreement as of July 1, 2022; c. Conducting an annual review of the State’s substantial compliance on a systemic basis with the other terms of this Agreement and the Executive Order; d. To the extent reasonably necessary, conducting reviews for individuals in the Sheltered Workshop Tar...

INDEPENDENT REVIEWER. A. The Parties have jointly selected Xxxxxx X. Xxxxxxxx as the Independent Reviewer for this Settlement Agreement. In the event that the Independent Reviewer resigns or the Parties agree to replace the Independent Reviewer, the Parties will select a replacement. If the Parties are unable to agree on a replacement within 30 days from the date the Parties receive a notice of resignation from the Independent Reviewer, or from the date the Parties agree to replace the Independent Reviewer, they shall each submit the names of up to three candidates to the Court, and the Court shall select the replacement from the names submitted. B. The Independent Reviewer shall conduct the factual investigation and verification of data and documentation necessary to determine whether the Commonwealth is in compliance with this Settlement Agreement, on a six-month cycle continuing during the pendency of the Agreement. The Independent Reviewer is not an agent of the Court, nor does the Independent Reviewer have any authority to act on behalf of the Court. The Independent Reviewer may hire staff and consultants, in consultation with and subject to reasonable objections by the Parties, to assist in his compliance investigations. The Independent Reviewer and any hired staff or consultants are neither agents nor business associates of the Commonwealth or DOJ. C. The Independent Reviewer shall file with the Court a written report on the Commonwealth’s compliance with the terms of this Agreement within 60 days of the close of each review cycle. The first report shall be filed nine months from the effective date of this Agreement. With the consent of the Court, the Court will hold a status conference after the filing of each written report. The Independent Reviewer shall provide the Parties a draft of his/her report at least 21 days before issuing the report. The Parties shall have 14 days to review and comment on the proposed report before it is filed with the Court. The Parties may agree to allow the Independent Reviewer an additional 20 days to finalize a report after he/she receives comments from the Parties, and such an agreement does not require Court approval. In preparing the report, the Independent Reviewer shall use appendixes or other methods to protect confidential information so that the report itself may be filed with the Court as a public document. Either Party may file a written report with the Court noting its objections to the portions of the Independent Reviewer’s r...

INDEPENDENT REVIEWER a. The Parties have jointly selected an independent expert reviewer, Xx. Xxxxx Xxxxxx (“Independent Reviewer”). The Independent Reviewer will have responsibility and authority to review relevant facts and assess and report on the County’s progress in implementing this Agreement for its duration. b. The Parties will cooperate fully with the Independent Reviewer as the Independent Reviewer carries out their responsibilities specified herein. The Independent Reviewer will pursue a problem-solving approach so that disagreements can be amicably resolved when possible and the Parties’ energies can be devoted to implementation. c. Reasonable fees, costs, and expenses of the Independent Reviewer, including the cost of any consultants or staff hired by the Independent Reviewer, during the term of the Agreement shall be borne by the County up to (a) a maximum of $100,000 for reasonable fees, costs, and expenses for the period leading up to, and including the preparation of, the first Reviewer Report (as defined in section III.1.i of this Agreement), (b) a maximum of $125,000 for reasonable fees, costs, and expenses for the period leading up to, and including the preparation of, the second Reviewer Report, (c) a maximum of $85,000 per Reviewer Report for reasonable fees, costs, and expenses for the period leading up to, and including the preparation of, each of the third, fourth, and fifth Reviewer Reports, and (d) a maximum of $32,000 for the time period following the completion of the final Reviewer Report and until the termination of the Agreement. The Independent Reviewer shall provide an accounting justifying their reasonable fees, costs, and expenses monthly, and the County will pay such reasonable fees, costs, and expenses monthly, except that the County may withhold up to 40% of the maximum for each reporting period, with any remainder to be paid after the Reviewer Report is completed. d. Within the budget described in section III.1.c above, the Independent Reviewer may retain or utilize staff and consultants, in consultation and subject to reasonable objections by the County to assist in their evaluations of the County’s compliance with this Agreement.

INDEPENDENT REVIEWER. The Independent Reviewer is appointed jointly by the Crown and the Contractor to provide them with specified services in connection with this Agreement.

INDEPENDENT REVIEWER i. The initial Independent Reviewer will be Houlihan, Lokey, Howaxx & Xukix Xxxancial Advisors Inc. ii. If the Person serving as the Independent Reviewer ceases to so serve or is unable (as a result of a conflicts of interest or otherwise) to act with respect to any proposed investment, the Investment Advisor shall select a replacement or substitute Independent Reviewer, as the case may be, which replacement or substitute shall be a Person with significant experience in the valuation, acquisition and trading of equity securities, including securities similar to the Investment Securities intended to be acquired by SVI-International, and shall be independent of, and unaffiliated with, Prudential. The Investment Advisor shall give written notice of such replacement or substitute to the Investors. Such replacement or substitute Independent Reviewer will be deemed approved by the Investors unless one-third or more in Interest of the Unaffiliated Investors object in writing to such proposed replacement or substitute within 15 days after notice with respect thereto is sent to the Investors. Any replacement or substitute Independent Reviewer will be engaged on terms and conditions substantially similar to those on which the initial Independent Reviewer was engaged.

INDEPENDENT REVIEWER. The Company will not undertake any transaction to acquire Investment Securities unless the Independent Reviewer has issued a fairness opinion with respect to the terms and conditions of the proposed investment. It is not contemplated that the Independent Reviewer will have a role with respect to any Investment Securities after the same have been acquired. The Independent Reviewer will be independent of, and unaffiliated with, the Investment Advisor, PREI and Prudential and will have significant experience in the valuation, acquisition and trading of equity securities, including securities similar to the Investment Securities.

INDEPENDENT REVIEWER. 1 A neutral Independent Reviewer shall be selected to act as a subject matter expert and to assess compliance as specifically authorized by the terms of this Agreement, or as required by the Court. The Independent Reviewer should have prior experience administering a state government program that includes providing employment services to individuals with I/DD. The parties agree that the Independent Reviewer must not have served as an expert, consultant, monitor, or independent reviewer for any of the parties or their counsel in connection with this action. The Independent Reviewer shall be selected as follows: a The parties shall attempt to jointly select an Independent Reviewer. b If the parties are unable to agree on an Independent Reviewer, each party shall submit to the Court a list of up to three nominees, and the Court shall select an Independent Reviewer from those lists pursuant to Fed.

INDEPENDENT REVIEWER. The Independent Reviewer is a person, appropriate to the circumstances, appointed by the Vice-Chancellor by agreement with the NTEU prior to appointment. The Independent Reviewer will not be an employee of the University. The NTEU will not unreasonably withhold agreement.

INDEPENDENT REVIEWER. The Parties shall select an independent reviewer to continue to monitor the Cabinet’s implementation of this Third Amended Agreement, who shall have authority to independently assess, review, and file quarterly status reports to all parties to the Third Amended Agreement. Such assessment and review shall include analysis of unsuccessful transitions, including recommendations.