Law Suits. Any grievance that either (a) is not processed or (b) is disposed of in accordance with this Grievance Procedure shall be considered settled and such settlement shall be final and binding upon the Company, the employee or employees involved, the Union and its members. Except with respect to the right to present an individual grievance as expressly set forth in Section (3.2) Step 2 (a), the Union shall, in the redress of alleged violations by the Company of this Agreement or any local or other agreement supplementary hereto, be the exclusive representative of employees or groups of employees covered by this Agreement, and only the Union shall have the right to assert and press against the Company in any judicial or adjudicatory proceeding any claim or action asserting a violation of the Agreement. No employee or former employee shall have any right of action under this Agreement on the basis of or by reason of any claim that the Union or any Union officer or representative has acted or failed to act relative to presentation, prosecution or settlement of any grievance or other matter as to which the Union or any Union representative has authority or discretion to act or not to act under the terms of this Agreement.
Law Suits. Any grievance that either (a) is not processed or
Law Suits. Except as listed in Schedule 8.14, there are not now pending and have not been in the past five (5) years any law suits, court actions or similar proceedings including such regarding product warranty or product liability (Produkthaftung) before a court of justice, arbitration panel or an administrative authority pending (rechtshängig) or, to the Sellers’ Knowledge, threatened to be filed against the Company. Except as set forth on Schedule 8.14, to the Seller’s Knowledge no event has occurred or conditions exist which would provide the basis for such a lawsuit.
Law Suits. Both parties promise never to file any claim or lawsuit against the other or allow any other party acting on their behalf to file any claim or lawsuit against the other based on any claims that are released in Sections 12 or 13 of this Agreement.
Law Suits. DISCHARGE AND DISCIPLINE Maintenance of Discipline. . . .
Law Suits. At the Signing Date, the Target Company is not a claimant, or defendant, or to the Managing Directors’ best knowledge any other participant in legal proceedings, especially law suits in front of courts, including arbitration and labor court proceedings, nor party to any administrative procedures on the reason of breaching statutory obligations. To the Managing Directors’ best knowledge at the Signing Date, no such law suits or procedures are about to be started or threatened, nor are to the Managing Directors’ best knowledge any circumstances known to exist which might reasonably be expected to provide a basis for such proceedings, except for the Deveritec case.
Law Suits. Any grievance that either (a) is not processed or is disposed of in accordance with this Grievance Procedure shall be considered and such settlement shall be final and binding upon the Corporation, the employee or employees involved, the Union and its members. Except with respect to the right to present an individual grievance as expressly set forth in Section Step 2 (a), the Union shall, in the redress of alleged violations by the Corporation of this Agreement or any local or other agreement supplementary hereto, be the exclusive representative of or groups of covered by this Agreement, and only the Union shall have the right to assert and press against the Corporation in any judicial or adjudicatory proceeding any claim or action asserting a violation of the Agreement. No or former employee shall have any right of action under this Agreement on the basis of or by reason of any claim that the Union or any Union officer or representative has acted or failed to act relative to presentation, prosecution or settlement of any grievance or other matter as to which the Union or any Union representative has authority or discretion to act or not to act under the terms of this Agreement. Maintenance of Discipline It is that the maintenance of discipline for just cause is essential to the satisfactory operation of the plant. Notice Suspension, Disciplinary Layoff or Discharge The plant management agrees promptly upon the suspension, disciplinary layoff or discharge of an employee including a probationary employee to notify in writing the employee and the Xxxxxxx or Plant Shop Committeeperson in the district of the suspension, disciplinary layoff or discharge, and the reason therefor. - - - - - PROCEDURE Such notice will be provided at a reasonable time where practicable prior to the of the shift and will advise the employee that the employee has the right to request union representation. If such an employee is absent from the plant at the time the action is taken, or where it was not practicable to provide written notice prior to leaving the plant, management will send to the employee’s last known address notice of suspension, disciplinary layoff or discharge and notice that the employee has the right to request representation. Union Representation The employee may ask to discuss the suspension, disciplinary layoff or discharge with either the Xxxxxxx or Plant Shop Committeeperson for the district. The management will designate an office where the employee may do so...
Law Suits. Gen-Probe shall promptly notify STRATEC of the commencement of any action, suit or proceeding for which indemnification may be sought, and STRATEC, through counsel reasonably satisfactory to Gen-Probe, shall assume the defense thereof; provided, however, that Gen-Probe shall be entitled to participate in any such action, suit or proceeding with counsel of its own choice, but at its own expense. STRATEC shall have the exclusive right to control the action, suit or proceeding and, subject to the foregoing, enter into any settlement with respect thereto.
Law Suits. At Closing Seller shall have delivered, or caused to be delivered, to Purchaser dismissals with prejudice (as to Seller and Stockholder) from the following law suits:
Law Suits. Any grievance that either (a) is not processed or (b) is disposed of in accordance with this Grievance Procedure shall be considered settled and such settlement shall be final
