Limited Right to Appeal. As explained above, court review of the arbitrator’s decision is limited pursuant to the FAA; however, the Terms provide a limited right to appeal the arbitrator’s decision to a panel of JAMS arbitrators, as set forth in this sub-section. Specifically, in the event that the arbitrator awards injunctive relief against either you or us, the party against whom injunctive relief was awarded may—within 21 days of the arbitrator’s final decision—appeal that decision to JAMS, in accordance with the following procedure:

Limited Right to Appeal. The Parties covenant and agree not to appeal the Final Order and Judgment. Nothing in this paragraph should be construed to grant or confer any right of appeal to any party or nonparty to the Actions, other than as already exists and as provided by applicable law, if any. With respect to any other action that is not listed above as part of the Actions and that is currently pending or is later filed in any state or federal court asserting claims that are related to the subject matter of the Actions prior to Final Approval of the Settlement, Plaintiffs shall provide supporting documentation as is reasonably requested by Defendants in order to obtain the dismissal, stay, or withdrawal of such related litigation, including where appropriate joining in any motion to dismiss or stay such litigation.

Limited Right to Appeal. The Parties agree that a final decision of the arbitrators under Section 17.4 shall be subject to a limited arbitral appellate review process as set forth in this Section 17.5 (an “Appeal”). Within fifteen (15) calendar days of the Parties’ receipt of a final decision of the arbitrators, either Party may make an Appeal of such decision under this Section 17.5 upon written notice to the other Party. Such notice shall attach a copy of the arbitrators’ decision and the bases for appealing such decision. If neither Party provides such written notice to the other Party within such fifteen (15) day period, then the decision of the arbitrators under Section 17.4 shall be final, binding, and immediately enforceable. Any decision submitted to an Appeal in accordance with this Section 17.5 shall be heard and decided by a three (3) person appellate arbitral tribunal (“Tribunal”). The Tribunal shall be constituted using the same selection process as used for arbitrators pursuant to Section 17.3, except that candidates for the Tribunal shall be persons who have served as district court judges or circuit court judges in the United States federal court system, or who are agreed upon by the Parties, and no person having served as an arbitrator in the arbitration under Section 17.3 may serve on the Tribunal. Any Appeal proceedings shall be held in New York, New York, unless the Parties otherwise agree in writing. The Tribunal, in addition to deciding any Appeal, shall have the authority to make a full and final determination as to any challenge to the Tribunal’s authority to act. The Parties intend for the Appeal to proceed expeditiously and not be used to delay, or have the effect of unduly delaying, the enforcement of the decision of the arbitrators under Section 17.4 and therefore agree to use the following process. A telephonic, or where feasible in-person, pre-hearing conference shall be held with the Tribunal within fourteen (14) calendar days following the Tribunal being constituted. Within fourteen (14) calendar days following the pre-hearing conference, each Party shall provide to the other Party and the Tribunal a document stating its position with respect to the Appeal, not to exceed fifty (50) pages double spaced/letter sized paper (viewed in its totality, and not on a per claim basis), per Appeal. The Tribunal shall determine whether to hold an in-person or telephonic hearing, which in either case shall be held within fourteen (14) days after the date that the...

Related to Limited Right to Appeal

Right to Appeal Notwithstanding a determination by any forum listed in Section VI.D above that the Indemnitee is not entitled to indemnification with respect to a specific Proceeding, the Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending, or to any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification pursuant to this Agreement. Such enforcement action shall consider the Indemnitee’s entitlement to indemnification de novo, and the Indemnitee shall not be prejudiced by reason of a prior determination that the Indemnitee is not entitled to indemnification. The Company shall be precluded from asserting that the procedures and presumptions of this Agreement are not valid, binding and enforceable. The Company further agrees to stipulate in any such judicial proceeding that the Company is bound by all the provisions of this Agreement and is precluded from making any assertion to the contrary.
Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.
Relation to Applicable Law The provisions of Sections 8.4, 8.5 and 8.6 of this Attachment with regard to the confidentiality of information shall be in addition to and not in derogation of any provisions of Applicable Law with regard to the confidentiality of information, including, but not limited to, 47 U.S.C. § 222, and are not intended to constitute a waiver by Verizon of any right with regard to protection of the confidentiality of the information of Verizon or Verizon Customers provided by Applicable Law.
TEXAS LAW TO APPLY 12.01 This Agreement shall be construed and the provisions thereof interpreted under and in accordance with the laws of the State of Texas.
Right to Participate The indemnified party agrees to afford the indemnifying party and its counsel the opportunity to be present at, and to participate in, conferences with all persons, including Governmental Authorities, asserting any Indemnity Claim against the indemnified party or conferences with representatives of or counsel for such persons.
Right of Review Once Lessor shall have finally determined said Operating, Utility and Energy or Real Estate Tax Costs at the expiration of a Lease Year, then as to the item so established, Lessee shall only be entitled to dispute said charge as finally established for a period of six (6) months after such charge is finally established, and Lessee specifically waives any right to dispute any such charge at the expiration of said six (6) month period.
Right to Participate in Defense Without limiting Section 10.3.2(a), any Indemnified Party shall be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, however, that such employment shall be at the Indemnified Party's own expense unless (i) the employment thereof has been specifically authorized by the indemnifying Party in writing or (ii) the indemnifying Party has failed to assume the defense and employ counsel in accordance with Section 10.3.2 (a) (in which case the Indemnified Party shall control the defense).
Right of Appeal 13.1 If the Administrator: 13.1.1 decides not to certify a facility or to vary a certificate which has been issued; 13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or 13.1.3 decides to vary or not to vary the target for a target unit, the Operator may appeal to the Tribunal against the decision. 13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator. 13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit. 13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are: 13.4.1 that the decision was based on an error of fact; 13.4.2 that the decision was wrong in law; 13.4.3 that the decision was unreasonable; 13.4.4 any other reason. 13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal. 13.6 On determining an appeal under these Rules the Tribunal must either: 13.6.1 affirm the decision; 13.6.2 quash the decision; or 13.6.3 vary the decision.
Right to Grieve Where an employee feels that she has been aggrieved by a decision of the Employer related to promotion, demotion or transfer, the employee may grieve the decision at Step 3 of the grievance procedure in Article 9 of this Agreement within seven (7) days of being notified of the results.
Conformance to Applicable Laws Contractor shall comply with the standard of care regarding all applicable federal, state and county laws, rules and ordinances. Contractor shall not discriminate in the employment of persons who work under this contract because of race, the color, national origin, ancestry, disability, sex or religion of such person.

Limited Right to Appeal Sample Clauses

Filter & Search

Related Clauses

Parent Clauses

Related to Limited Right to Appeal