Initiation of Formal Proceedings Sample Clauses

Initiation of Formal Proceedings. (1) Where the professional librarian employee declines an invitation extended under the provisions of Article 11.4(c)(ii) or the President, after reasonable efforts, is unable to arrange a meeting within a reasonable time after extending such an invitation, or if a meeting is held and no mutually agreeable settlement is reached, the President, if he/she intends to proceed with a recommendation of dismissal, shall so inform the professional librarian employee in writing and shall set out his/her reasons for so doing. Such reasons shall be set out in sufficient particularity to allow the professional librarian employee to prepare a reply. (2) The President shall at the same time advise the professional librarian employee whether he/she intends to refer his/her intended recommendation to the Review Chairperson. If the President indicates that he/she intends to refer the matter to the Review Chairperson, he/she shall forward to the Review Chairperson a copy of the information given to the professional librarian employee. (3) If the President does not indicate to the professional librarian employee that he/she intends to refer the matter to the Review Chairperson, the professional librarian employee may require the President to do so by notice given in writing to the President within fourteen (14) days after the professional librarian employee is notified under this provision of the President's intention to recommend his/her dismissal. Upon being required to refer the matter, the President shall do so in the manner specified in Article 11.4(c) (iii) (2) above. (4) If the President does not indicate to the professional librarian employee that he/she intends to refer the matter to the Review Chairperson and the professional librarian employee does not require him/her to do so in the manner and within the time specified in the preceding paragraph, the matter need not be referred to the Review Chairperson.
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Initiation of Formal Proceedings. (1) Where the professional librarian employee declines an invitation extended under the provisions of Article 11.4(c)(ii) or the President, after reasonable efforts, is unable to arrange a meeting within a reasonable time after extending such an invitation, or if a meeting is held and no mutually agreeable settlement is reached, the President, if he/she intends to proceed with a recommendation of dismissal, shall so inform the professional librarian employee in writing and shall set out his/her reasons for so doing. Such reasons shall be set out in sufficient particularity to allow the professional librarian employee to prepare a reply.
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Initiation of Formal Proceedings. If the College President decides to begin proceedings for probation, suspension without pay, or dismissal against the faculty member, their representative shall state in writing the specific cause for which the College is seeking probation, suspension without pay, or dismissal of the individual. Within 10 business days of the most recent meeting between the faculty member and the Xxxx/VPAA, the College President shall send a certified letter to the faculty member informing them that a hearing will be conducted by the faculty-elected Judicial Committee to review the evidence and recommend what type of sanction, if any, should be imposed. The faculty member will have 10 business days to decide whether to accept the recommended sanction or proceed to a Judicial Committee hearing. If the faculty member chooses to proceed to a Judicial Committee hearing, the committee will be notified of the charges as soon as reasonably possible. The Judicial Committee shall schedule its initial hearing at a specified time and place, allowing sufficient time for the faculty member to prepare their defense. Such period shall not be less than 30 calendar days and no more than 45 calendar days. The faculty member shall be informed of procedural rights that will be accorded them, such as their right to counsel and the right to be informed of the grounds proposed for probation or dismissal. In particular, procedures specified in Section 5.5.6.5 below shall be made known to them. During the period preceding the Judicial Committee hearing, the College must provide a list of likely witnesses to the faculty member at least 15 calendar days prior to the hearing. Both parties will be able to offer rebuttal witnesses. The College will assist the faculty member in identifying and locating his or her witnesses if possible. The College agrees to secure the appearance of witnesses who are employees of the College.
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Initiation of Formal Proceedings. Where the professional librarian employee declines an invitation
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Initiation of Formal Proceedings. If the College President action decides to begin proceedings for probation or dismissal against the faculty member, he/she or his/her representative shall state in writing the specific cause for which the College is seeking probation or dismissal of the individual. Within 10 days of the most recent informal meeting between the faculty member and the Xxxx/Vice President, the College President shall send a certified letter to the faculty member informing him/her that a hearing will be conducted by the faculty-elected judicial committee to review the evidence and recommend what type of sanction, if any, should be imposed. The judicial committee shall schedule its initial hearing at a specified time and place allowing sufficient time for the faculty member to prepare his/her defense. Such period shall not be less than thirty (30) calendar days and no more than forty-five (45) calendar days. The faculty member shall be informed of procedural rights that will be accorded him/her, such as his/her right to counsel and the right to be informed of the grounds proposed for probation or dismissal. In particular, procedures specified in Section 5.5.6.5 below shall be made known to him/her.
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Initiation of Formal Proceedings 
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Related to Initiation of Formal Proceedings

  • NOTICE OF FORMAL PROCEEDINGS The Trust, MFS, and the Company agree that each such party shall promptly notify the other parties to this Agreement, in writing, of the institution of any formal proceedings brought against such party or its designees by the NASD, the SEC, or any insurance department or any other regulatory body regarding such party's duties under this Agreement or related to the sale of the Policies, the operation of the Accounts, or the purchase of the Shares.

  • Submission of Formal Disputes a. A Formal Dispute must be filed in writing with the Director of Procurement Services by mail or email, using the following contact information: Email: xxxxxxxx.xxxxxxxx@xxx.xx.xxx b. The Formal Dispute must include: i. Name, address, e-mail address and telephone numbers of the filer. ii. Solicitation or Contract number. iii. Detailed statement of the legal and factual grounds for the Formal Dispute, including a description of resulting prejudice to the filer. iv. Copies of relevant documents. v. Request for a ruling by the agency. vi. Statement as to the form of relief requested. vii. All information establishing that the filer is an Interested Party for the purpose of filing a Formal Dispute. viii. All information establishing the timeliness of the Formal Dispute.

  • Initiation of Proceedings If foreclosure approval has not been withheld by the Master Servicer and, where applicable, by the respective Primary Mortgage Insurer and/or the respective Pool Insurer, with respect to a Mortgaged Property, including Co-op Shares, the Servicer shall, unless it arranges for the sale by the Borrower of the Mortgaged Property to a third party pursuant to Section 13.3.3, initiate or cause to be initiated such foreclosure actions as are authorized by law and consistent with practices in the locality where the Mortgaged Property is located, including, in the case where such Mortgaged Property includes a residential long-term lease, the succession by the Servicer to the rights of the Borrower under the lease by foreclosure, assignment in lieu of foreclosure or other comparable means. If such Mortgaged Property has been abandoned or vacated by the Borrower and the Borrower has evidenced no intention of honoring his obligations under the related Mortgage Loan, the foreclosure process shall be expedited to the fullest extent permitted by law.

  • Termination of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

  • Initiation of Proceeding Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or officer of the Company unless (i) the Company has joined in or the Board has consented to the initiation of such Proceeding; (ii) the Proceeding is one to enforce indemnification rights under Section 5; or (iii) the Proceeding is instituted after a Change in Control (other than a Change in Control approved by a majority of the directors on the Board who were directors immediately prior to such Change in Control) and Independent Counsel has approved its initiation.

  • Commencement of Proceedings Any claim notified pursuant to paragraph 4.2 of this Schedule 4 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in paragraph 2 of this Schedule 4 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except: (A) where the claim relates to a contingent liability, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served with 9 months of it having become an actual liability; or (B) where the claim is a claim for breach of any Warranty of which notice is given for the purposes of paragraph 4.2 of this Schedule 4 at a time when the amount set out in paragraph 1.1 of this Schedule 4 has not been exceeded, in which case it shall be deemed to have been withdrawn unless legal proceedings in respect of it have been commenced by being both issued and served within 9 months of the date of any subsequent notification to that Seller pursuant to paragraph 4.2 of this Schedule 4 of one or more claims which result(s) in the total amount claimed in all claims notified to that Seller pursuant to paragraph 4.2 of this Schedule 4 exceeding the amount set out in paragraph 1.1 of this Schedule 4 for the first time.

  • Arbitration; Choice of Forum (a) BY ACCEPTING THIS AWARD, YOU ARE INDICATING THAT YOU UNDERSTAND AND AGREE THAT THE ARBITRATION AND CHOICE OF FORUM PROVISIONS SET FORTH IN SECTION 3.17 OF THE PLAN SHALL APPLY TO THIS AWARD. SUCH PROVISIONS, WHICH ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE, PROVIDE AMONG OTHER THINGS THAT ANY DISPUTE, CONTROVERSY OR CLAIM BETWEEN THE FIRM AND YOU ARISING OUT OF OR RELATING TO OR CONCERNING THE PLAN OR THIS AWARD AGREEMENT SHALL BE FINALLY SETTLED BY ARBITRATION IN NEW YORK CITY, PURSUANT TO THE TERMS MORE FULLY SET FORTH IN SECTION 3.17 OF THE PLAN. (b) To the fullest extent permitted by applicable law, no arbitrator shall have the authority to consider class, collective or representative claims, to order consolidation or to join different claimants or grant relief other than on an individual basis to the individual claimant involved. (c) Notwithstanding any applicable forum rules to the contrary, to the extent there is a question of enforceability of this Award Agreement arising from a challenge to the arbitrator’s jurisdiction or to the arbitrability of a claim, it shall be decided by a court and not an arbitrator. (d) All references to the New York Stock Exchange in Section 3.17 of the Plan shall be read as references to the Financial Industry Regulatory Authority. (e) The Federal Arbitration Act governs interpretation and enforcement of all arbitration provisions under the Plan and this Award Agreement, and all arbitration proceedings thereunder. (f) Nothing herein creates a substantive right to bring a claim under U.S., Federal, state, or local employment laws.

  • Completion of Proceedings All corporate and other proceedings taken or to be taken in connection with the transactions contemplated hereby and all documents incidental thereto not previously found acceptable by Administrative Agent, acting on behalf of Lenders, and its counsel shall be satisfactory in form and substance to Administrative Agent and such counsel, and Administrative Agent and such counsel shall have received all such counterpart originals or certified copies of such documents as Administrative Agent may reasonably request.

  • Litigation and Proceedings There are no actions, suits, proceedings, or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company does not have any knowledge of any material default on its part with respect to any judgment, order, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality or of any circumstances which, after reasonable investigation, would result in the discovery of such a default.

  • Initiation of Appeal Following the entry of the Arbitration Award, either party (the “Appellant”) shall have a period of thirty (30) calendar days in which to notify the other party (the “Appellee”), in writing, that the Appellant elects to appeal (the “Appeal”) the Arbitration Award (such notice, an “Appeal Notice”) to a panel of arbitrators as provided in Paragraph 5.2 below. The date the Appellant delivers an Appeal Notice to the Appellee is referred to herein as the “Appeal Date”. The Appeal Notice must be delivered to the Appellee in accordance with the provisions of Paragraph 4.1 above with respect to delivery of an Arbitration Notice. In addition, together with delivery of the Appeal Notice to the Appellee, the Appellant must also pay for (and provide proof of such payment to the Appellee together with delivery of the Appeal Notice) a bond in the amount of 110% of the sum the Appellant owes to the Appellee as a result of the Arbitration Award the Appellant is appealing. In the event an Appellant delivers an Appeal Notice to the Appellee (together with proof of payment of the applicable bond) in compliance with the provisions of this Paragraph 5.1, the Appeal will occur as a matter of right and, except as specifically set forth herein, will not be further conditioned. In the event a party does not deliver an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline prescribed in this Paragraph 5.1, such party shall lose its right to appeal the Arbitration Award. If no party delivers an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline described in this Paragraph 5.1, the Arbitration Award shall be final. The parties acknowledge and agree that any Appeal shall be deemed part of the parties’ agreement to arbitrate for purposes of these Arbitration Provisions and the Arbitration Act.

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