Non-Compliance and Dispute Resolution. 13.1. Substantial compliance with the Voluntary Agreement shall be assessed by the Independent Administrator based upon data for the most recently completed Reporting Period on the basis of the information provided by each Signatory and data collected under the verification testing program.
Non-Compliance and Dispute Resolution. 10.1 Substantial compliance with the Voluntary Agreement shall be assessed by the Independent Administrator, provided that the Signatory may appeal to the Steering Committee. The Steering Committee will establish dispute and compliance resolution procedures that provide notice of a claim to the Signatory, consultation, and an opportunity to provide a satisfactory remedial plan to the Steering Committee. The Steering Committee shall endeavor in good faith to resolve the issue within three (3) months.
Non-Compliance and Dispute Resolution. Substantial compliance with the Voluntary Agreement shall be assessed by the Independent Administrator based upon data for the most recently completed Reporting Period and the information provided by each Signatory and data collected under the verification testing program. The Steering Committee will establish dispute and compliance resolution procedures that provide notice of a claim to the Signatory, consultation, and an opportunity to appeal to the Steering Committee or provide a satisfactory remedial plan to the Steering Committee. The Steering Committee shall endeavor in good faith to resolve the issue within three (3) months. Energy usage incident to patches released to SNE to address security and cybersecurity issues shall not be deemed a violation of Voluntary Agreement energy allowances or commitments. In mitigation of any claims or concerns raised with respect to any Reporting Period and in evaluating substantial compliance with the Voluntary Agreement, a Signatory shall be credited for alternative energy efficiency steps which the Signatory demonstrates will provide net energy efficiency gains in the delivery of services that are superior to those required by the Voluntary Agreement. The Steering Committee shall adopt procedures for evaluating such alternative energy efficiency steps. The Steering Committee may raise a claim against a Signatory concerning compliance with the Voluntary Agreement. A Signatory that fails to fulfill its remedial plan may have its Signatory status terminated by the Steering Committee and its termination reported to such persons as the Chair may deem appropriate. Involuntary termination constitutes the sole and complete remedy available to the Steering Committee, Signatories, Independent Administrator, auditor or any third party or other individuals or entities with respect to any alleged noncompliance with any term, provision or obligation of the Voluntary Agreement by a Signatory. Remedies under this SNE Voluntary Agreement are independent of remedies under the Set-Top Box Voluntary Agreement. A default under either such agreement is not a default of the other agreement.
Non-Compliance and Dispute Resolution. If the invoice is not submitted with all the requested information or the disbursements are considered unreasonable (as determined by WCMRC acting reasonably), the invoice will be returned for resubmission with a request for more information or a deficiency notice. If there is disagreement with respect to an invoice that cannot be resolved by the Vessel Owner or WCMRC, WCMRC will promptly pay all agreed to costs and the unresolved item(s) may be subject to the dispute resolution procedures set out in Section 15.1 of the Charter Agreement. ~ 35 ~
