Nullification. In the event that after having initiated a grievance through the grievance procedure, an employee endeavours to pursue the same grievance through any other channel, then the Union agrees that pursuant to this Article, the grievance shall be considered to have been abandoned.
Nullification. In the event any one or more of the provisions contained in this Settlement Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions only if Ford and Class Counsel mutually elect to proceed as if such invalid, illegal, or unenforceable provision had never been included in this Settlement Agreement.
Nullification. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions if the Defendants and Class Counsel, on behalf of the Parties, mutually elect to proceed as if such invalid, illegal, or unenforceable provision had never been included in this Agreement.
Nullification. Any teacher who nullifies a certificate or endorsement subsequent to receipt of tentative notice of assignment is not eligible for the first vacancy and may not be eligible for reassignment.
Nullification. (1) Either Party to the dispute may request the annulment of an award, in whole or in part, on one or more of the following grounds, that:
(a) The tribunal was not properly constituted;
(b) The tribunal has manifestly exceeded its powers;
(c) There was corruption on the part of a member of the tribunal or on the part of a person providing decisive expertise or evidence;
(d) There has been a serious departure from a fundamental rule of procedure; or
(e) The award has failed to state the reasons on which it is based.
(2) The request for annulment shall be submitted for decision by a new tribunal which shall be constituted and operate under the rules of this Part. The decision of the tribunal shall be final. Chapter Three : Final Provisions
Nullification. The Company agrees that if the Tender Offer has not commenced by the date which is 30 days following completion of the Private Placement, or is conducted at a per share price of less than $19.00, all of the covenants and obligations of the Stockholder hereunder shall be extinguished and become null and void.
Nullification. 7.1 If (1) the Court should for any reason deny with prejudice preliminary approval of the settlement; or (2) the Court should for any reason fail to approve this Agreement in the form agreed to by the Parties; or (3) the Court should for any reason fail to enter the Judgment; or (4) the Judgment is reversed, modified, or declared or rendered void; or (5) Defendants terminate this Agreement for reasons permitted herein, then (i) this Agreement shall be considered null and void, notwithstanding the severability clause in this Agreement, (ii) neither this Agreement nor any of the related negotiations or proceedings shall be of any force or effect, and, (iii) all Parties to this Agreement shall stand in the same position, without prejudice, as if the Agreement had been neither entered into nor filed with the Court.
7.2 In the event of a timely appeal from the Judgment, the Judgment shall be stayed, the fees and reimbursement of expenses to Class Counsel shall not be paid, and the Settlement Fund shall not be distributed to Class Members pending the completion of the appeal.
Nullification. Either of the Parties to this Agreement may terminate this Agreement rendering it null, void and of no force or effect, if the Company fails for any reason to commence the Tender Offer; provided that, the Company has made a good faith effort to obtain the financing necessary to carry out the Tender Offer and has failed to acquire such financing.
Nullification a. Either party to the dispute may request the annulment of an award, in whole or in part, on one or more of the following grounds, that:
i. the Tribunal was not properly constituted;
ii. the Tribunal has manifestly exceeded its powers;
iii. there was corruption on the part of a member of the Tribunal or on the part of a person providing decisive expertise or evidence;
iv. there has been a serious departure from a fundamental rule of procedure; or
v. the award has failed to state the reasons on which it is based.
b. The request shall be submitted for decision by a tribunal which shall be constituted and operate under the rules applicable to a dispute submitted under paragraph 1 of this article .
c. Such a request must be submitted within 120 days after the date on which the award was rendered or after the discovery of the facts relevant to nullification on the grounds of corruption, whichever is later and, in any event, within five years after the date on which the award was rendered.
d. The tribunal may nullify the award in whole or in part. If the award is nullified, the fact of nullification shall be communicated to the Parties Group. In such a case, the dispute may be submitted for decision to a new tribunal constituted under this Article or to any other available forum, notwithstanding the Contracting Parties waiver under paragraph 1.c. of this article.
Nullification. If any of the provisions herein are deemed to be null and void, the parties agree that the other provisions shall remain valid, and that the contract shall continue to be in force and effect.
