Order of Presentation Sample Clauses

Order of Presentation. The party saddled with the initial onus of proof is deemed to have initiated the action and makes the first presentation regarding the merits of the case. The first presentation shall include evidence as to the agreed-upon facts, the facts in dispute, the evidence to be given, the presentation of that evidence and the arguments of the case. When the leading party closes their case, the opposing party may ask the Panel and Arbitrator to dismiss the grievance. This is usually done on the basis that the leading party did not meet its case. The moving party is then asked to elect to call evidence or not. If they choose to call evidence the matter is closed. If not, then arguments will be heard on the motion and a ruling is made. Some parties believe that if they lose the motion to dismiss, they can then present their evidence. This in essence gives them two opportunities to receive a favourable ruling. Once the first party has properly presented its case, the onus then shifts to the other party to make its formal presentation of evidence and arguments. The subsequent presentations by both sides are then determined by the rules of evidence regarding newly introduced testimony or documents or the introduction of surprise evidence. Submission of Evidence Evidence may come in the form of witnesses or documents but first must be judged admissible.
Sample 1
AutoNDA by SimpleDocs
Order of Presentation i) The party saddled with the initial onus of proof is deemed to have initiated the action and makes the first presentation regarding the merits of the case.
Sample 1

Related to Order of Presentation

  • TERM OF AGREEMENT This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.

  • WITNESSETH That in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows:

  • Termination for Convenience TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

  • Representations and Warranties The Borrower represents and warrants to the Lenders that:

  • NOW, THEREFORE the parties hereto agree as follows:

  • GRIEVANCE PROCEDURE 7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • Training a. The employer, in consultation with the local, shall be responsible for developing and implementing an ongoing harassment and sexual harassment awareness program for all employees. Where a program currently exists and meets the criteria listed in this agreement, such a program shall be deemed to satisfy the provisions of this article. This awareness program shall initially be for all employees and shall be scheduled at least once annually for all new employees to attend.

  • Procedure If any action is brought against an Underwriter, a Selected Dealer or a Controlling Person in respect of which indemnity may be sought against the Company pursuant to Section 6.1, such Underwriter, such Selected Dealer or Controlling Person, as the case may be, shall promptly notify the Company in writing of the institution of such action and the Company shall assume the defense of such action, including the employment and fees of counsel (subject to the reasonable approval of such Underwriter or such Selected Dealer, as the case may be) and payment of actual expenses. Such Underwriter, such Selected Dealer or Controlling Person shall have the right to employ its or their own counsel in any such case, but the fees and expenses of such counsel shall be at the expense of such Underwriter, such Selected Dealer or Controlling Person unless (i) the employment of such counsel at the expense of the Company shall have been authorized in writing by the Company in connection with the defense of such action, or (ii) the Company shall not have employed counsel to have charge of the defense of such action, or (iii) such indemnified party or parties shall have reasonably concluded that there may be defenses available to it or them which are different from or additional to those available to the Company (in which case the Company shall not have the right to direct the defense of such action on behalf of the indemnified party or parties), in any of which events the reasonable fees and expenses of not more than one additional firm of attorneys selected by such Underwriter (in addition to local counsel), Selected Dealer and/or Controlling Person shall be borne by the Company. Notwithstanding anything to the contrary contained herein, if any Underwriter, Selected Dealer or Controlling Person shall assume the defense of such action as provided above, the Company shall have the right to approve the terms of any settlement of such action which approval shall not be unreasonably withheld.

  • Warranties a. The Investor(s) makes the following representations and warranties to Escrow Agent:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!