Order of Proceedings. Nothing in this Agreement is intended to compel the Bank or the Creditor at any time to declare the Borrower in default or compel the Bank to proceed against or refrain from proceeding against any Collateral in any order or manner. All rights and remedies of the Bank with respect to the Collateral, the Borrower, and any other obligors concerning the Obligations are cumulative and not alternative.
Order of Proceedings. (1) A hearing shall be opened by the filing of the oath of the hearing officer and by the recording of the place, time and date of the hearing, the presence of the hear- ing officer and parties, and counsel, if any, and by the receipt by the hearing officer of the request for hearing and answer, if any.
(2) The hearing officer may, at the beginning of the hearing, ask for state- ments clarifying the issues involved.
(3) The party or parties seeking xxxx- bursement shall then present a claim and proofs and witnesses, who shall submit to questions or other examina- tion. The party or parties from whom reimbursement is sought shall then present a defense and proofs and wit- nesses, who shall submit to questions or other examination. The hearing offi- cer has discretion to vary this proce- dure but shall afford full and equal op- portunity to all parties for the presen- tation of any material or relevant proofs.
(4) Exhibits, when offered by any party, shall be received in evidence by the hearing officer. The names and ad- dresses of all witnesses and exhibits in order received shall be made a part of the record.
Order of Proceedings. The arbitrator may, at his/her discretion, vary the normal procedure under which the initiating party first presents the claim (except in discipline cases) but in any case shall afford full and equal opportunity to all parties for presentation of relevant proofs. The hearings may be reopened by the arbitrator on his/her own motion or on the motion of either party for good cause shown at any time before the award is made, but if the reopening of the hearing would prevent the making of the award within the time specified in these procedures or any other specified time agreed upon by the parties in writing, that matter may not be reopened unless both parties agree upon the extension of such time limit.
Order of Proceedings. Except for a grievance under clause 18.34, any grievance under this Collective Agreement related to discrimination or harassment, whether in whole or in part, will proceed concurrently with this formal complaint process, unless the grievance or complaint is held in abeyance by agreement of the parties. However, a grievance will not proceed to clause 14.08 (Arbitration) unless the Article 18 process is concluded or the parties have otherwise agreed.
Order of Proceedings. The hearing shall ordinarily proceed in the following manner, unless the hearing officer determines that some other order of proceedings would better facilitate the hearing:
a. A brief presentation by or on behalf of landlord, if landlord desires to expand upon the information contained in or appended to the petition for rent adjustment, including presentations of any other affected parties and witnesses in support of the application.
b. A brief presentation of the results of any investigations or staff reports by staff in relation to the petition.
c. A brief presentation by or on behalf of opponents to the petition, including presentations of any other affected parties and witnesses in opposition to the application.
Order of Proceedings. A hearing may be opened by: (1) recording the date, time, and place of the hearing; (2) recording the presence of the arbitrator, the parties, and their representatives, if any; and (3) receiving into the record the Demand and the Answer, if any. The arbitrator may, at the beginning of the hearing, ask for statements clarifying the issues involved. The parties shall bear the same burdens of proof and burdens of producing evidence as would apply if their claims and counterclaims had been brought in court. Witnesses for each party shall submit to direct and cross examination. With the exception of the rules regarding the allocation of the burdens of proof and going forward with the evidence, the arbitrator has the authority to set the rules for the conduct of the proceedings and shall exercise that authority to afford a full and equal opportunity to all parties to present any evidence that the arbitrator deems material and relevant to the resolution of the dispute. When deemed appropriate, the arbitrator may also allow for the presentation of evidence by alternative means including web conferencing, internet communication, telephonic conferences and means other than an in-person presentation of evidence. Such alternative means must still afford a full and equal opportunity to all parties to present any evidence that the arbitrator deems material and relevant to the resolution of the dispute and when involving witnesses, provide that such witness submit to direct and cross-examination. The arbitrator, in exercising his or her discretion, shall conduct the proceedings with a view toward expediting the resolution of the dispute, may direct the order of proof, bifurcate proceedings, and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case. Documentary and other forms of physical evidence, when offered by either party, may be received in evidence by the arbitrator. The names and addresses of all witnesses and a description of the exhibits in the order received shall be made a part of the record.
Order of Proceedings. Unless otherwise determined by the Salary Arbitrator or mutually agreed to by all parties, the order of proceedings shall be as follows:
Order of Proceedings. The hearing shall be opened by recording the name of the grievant or grievants and the name of the respondents, together with the place, time and date of the hearing, the presence of the arbitrator and parties, and counsel, if any, and the receipt by the arbitrator of the demand and answer, if any, or the submission agreement, and if previously submitted, the same shall be duly noted in the record. Exhibits, when offered by either party, may be received in evidence by the arbitrator. The names and addresses of all witnesses and exhibits, in order received, shall be made a part of the record. The arbitrator may, in his discretion, vary the normal procedure under which the initiating party first presents his claim, but, in any case, shall afford full and equal opportunity to all parties for presentation of relevant proofs.
Order of Proceedings. (1) A h e a r i n g s h a ll be ope n ed b y t h e fili n g of t h e o a t h of t h e h e a r i n g office r a n d b y t h e r eco r di n g of t h e pl a ce, t i m e a n d d a t e of t h e h e a r i n g, t h e p r ese n ce of t h e h e a r - i n g office r a n d p a r t ies, a n d co un sel, if a ny , a n d b y t h e r eceip t b y t h e h e a r i n g office r of t h e r eq u es t fo r h e a r i n g a n d a n swe r , if a ny .
(2) T h e h e a r i n g office r m a y , a t t h e begi nn i n g of t h e h e a r i n g, a s k fo r s t a t e- m e n t s cl a r ify i n g t h e iss u es i n volved.
(3) T h e p a r t y o r p a r t ies see k i n g r ei m - b ur se m e n t s h a ll t h e n p r ese n t a cl a i m a n d p r oofs a n d wi t n esses, w h o s h a ll s u b m i t t o q u es t io n s o r o t h e r ex a m i n a- t io n . T h e p a r t y o r p a r t ies f r o m w h o m r ei m b ur xx x x x x x x so u g h t s h a ll t h e n p r ese n t a defe n se a n d p r oofs a n d wi t - n esses, w h o s h a ll s u b m i t t o q u es t io n s o r o t h e r ex a m i n a t io n . T h e h e a r i n g offi- ce r h a s disc r e t io n t o v a ry t h i s p r oce- d ur e b u t s h a ll affo r d fu ll a n d eq u a l op- po r t un i t y t o a ll p a r t ies fo r t h e p r ese n- t a t io n of a ny m a t e r i a l o r r elev a n t p r oofs.
(4) E x h ibi t s, w h e n offe r ed b y a ny p a r t y , s h a ll be r eceived i n evide n ce b y t h e h e a r i n g office r . T h e n a m es a n d a d- x x xxxxx of a ll wi t n esses a n d ex h ibi t s i n o r de r r eceived s h a ll be m a de a p a r t of t h e r eco r d.
Order of Proceedings. Nothing in this Agreement is intended to compel the Senior Lenders or the Creditor at any time to declare the Borrower in default or compel the Senior Lenders to proceed against or refrain from proceeding against any Collateral in any order or manner. All rights and remedies of the Senior Lenders with respect to the Collateral, the Borrower, and any other obligors concerning the Obligations are cumulative and not alternative.
