Limitation of Action. No claim or cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel Report, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
Appears in 13 contracts
Samples: Match Participation Agreement, Match Participation Agreement, Match Participation Agreement
Limitation of Action. No claim or cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding any forum by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel Report, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
Appears in 8 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
Limitation of Action. No claim or cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant applicant, program, or program medical school participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding any forum by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel Report, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
Appears in 7 contracts
Samples: Match Participation Agreement, Match Participation Agreement, Match Participation Agreement
Limitation of Action. No claim Any party who desires to contest a violation decision by an NRMP Review Panel, as outlined in the Disposition of Match Violation Investigation (“Disposition”), must notify the NRMP in writing of its intent to do so within 10 business days from that party's receipt of the Disposition. Moreover, any party who wishes to challenge a decision of an NRMP Review Panel or bring a separate cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than must file a written demand for arbitration within 30 calendar days after of receipt of the Disposition or within 30 calendar days of the accrual of the cause of action has accruedaction, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel ReportDisposition, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel ReportDisposition, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief. The obligation to file a written demand for arbitration does not apply to any party that is a state entity and that state’s laws mandate that such entity not be compelled to participate in an arbitration proceeding.
Appears in 5 contracts
Samples: Match Participation Agreement, Match Participation Agreement, Participation Agreement
Limitation of Action. No claim or cause of action, regardless of form, arising out of or related to the Main Residency MatchSpecialties Matching Service, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency MatchSpecialties Matching Service, may be brought in an arbitral, judicial, or other proceeding any forum by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel Report, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
Appears in 5 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
Limitation of Action. No claim or cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel Report, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
Appears in 2 contracts
Samples: Match Participation Agreement, Match Participation Agreement
Limitation of Action. No claim Any party who desires to contest a decision by an NRMP Review Panel, as outlined in the Disposition of Match Violation Investigation (“Disposition”), must notify the NRMP in writing of its intent to do so within 10 business days from that party's receipt of the Disposition. Moreover, any party who wishes to challenge a decision of an NRMP Review Panel or bring a separate cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than must file a written demand for arbitration within 30 calendar days after of receipt of the Disposition or within 30 calendar days of the accrual of the cause of action has accruedaction, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel ReportDisposition, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel ReportDisposition, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief. The obligation to file a written demand for arbitration does not apply to any party that is a state entity and that state’s laws mandate that such entity not be compelled to participate in an arbitration proceeding.
Appears in 1 contract
Samples: Participation Agreement
Limitation of Action. No claim Any party who desires to contest a decision by an NRMP Review Panel, as outlined in the Disposition of Match Violation Investigation (“Disposition”), must notify the NRMP in writing of its intent to do so within 10 business days from that party's receipt of the Disposition. Moreover, any party who wishes to challenge a decision of an NRMP Review Panel or bring a separate cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than must file a written demand for arbitration within 30 calendar days after of receipt of the Disposition or within 30 calendar days of the accrual of the cause of action has accruedaction, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel ReportDisposition, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel ReportDisposition, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief. The obligation to file a written demand for arbitration does not apply to any party that is a state entity and that State’s laws mandate that such entity not be compelled to participate in an arbitration proceeding.
Appears in 1 contract
Samples: Participation Agreement
Limitation of Action. No claim or cause of action, regardless of form, arising out of or related to the Main Residency MatchSpecialties Matching Service, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency MatchSpecialties Matching Service, may be brought in an arbitral, judicial, or other proceeding any forum by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel Report, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel Report, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.relief.
Appears in 1 contract
Samples: Match Participation Agreement
Limitation of Action. No claim Any party who desires to contest a violation decision by an NRMP Review Panel, as outlined in the Disposition of Match Violation Investigation (“Disposition”), must notify the NRMP in writing of its intent to do so within 10 business days from that party's receipt of the Disposition. Moreover, any party who wishes to challenge a decision of an NRMP Review Panel or bring a separate cause of action, regardless of form, arising out of or related to the Main Residency Match, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Main Residency Match, may be brought in an arbitral, judicial, or other proceeding by any party more than must file a written demand for arbitration within 30 calendar days after of receipt of the Disposition or within 30 calendar days of the accrual of the cause of action has accruedaction, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception. In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP in writing of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a written demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party’s intent to seek arbitration is not received in writing by the NRMP within 10 business days from that party’s receipt of the Review Panel ReportDisposition, or if the party does not file a written demand for arbitration within 30 calendar days of receipt of the Review Panel ReportDisposition, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief. The obligation to file a written demand for arbitration does not apply to any party that is a state entity and that State’s laws mandate that such entity not be compelled to participate in an arbitration proceeding.
Appears in 1 contract
Samples: Participation Agreement