OTHER RECURRING ISSUES Sample Clauses

OTHER RECURRING ISSUES. Each Party has raised a number of recurring objections to the opposing Party’s Requests. While the Tribunal has considered all of the Parties’ arguments to decide on document production, this section briefly addresses two recurring objections or issues that warrant particular attention in the interest of streamlining the proceedings and of procedural economy. This section thus aims at informing the Tribunal’s decisions on some of the individual Requests while providing guidance to the Parties on the implementation of those decisions and the remaining steps of the jurisdictional/admissibility phase of this arbitration. The foreseeability of the Amendment Act The Claimant argues that the overarching dispute before the Tribunal commenced with and is determined by the Amendment Act passed by Western Australia (“WA”) in August 2020.31 According to the Claimant, the Amendment Act, through which the Respondent inter alia “terminate[d] the Arbitration Agreement and the Mediation Agreement and the State Agreement Arbitration which the Respondent had just entered into one month earlier”, is what “has given rise to this [a]rbitration”.32 Thus, the Claimant argues that it only seeks “relief in this arbitration in respect of the damages caused to it by the Amendment Act”.33 In this context, with respect to the APO,34 the Claimant contends that, “regardless of the purpose” behind the Restructure, at the time the Restructure was planned or took place “the specific dispute before this Tribunal” (namely the passing the Amendment Act) “was not in existence […] nor was it foreseeable as a reasonable prospect”.35 In consequence, the Claimant submits that the APO 27 Supra, ¶ 13.i. 28 Supra, ¶ 13.ii. 29 Supra, ¶ 13.iii 30 Supra, ¶ 13.v. 31 See inter xxxx XXXX Response, ¶¶ 221, 32 SOPO Response, ¶ 9. 33 See inter xxxx XXXX Response, ¶¶ 221, 34 See supra, ¶ 23. 35 SOPO Response, ¶ 490. See also SOPO Response, ¶ 634. For the avoidance of doubt, the Tribunal takes note that the Claimant also argues that the Restructure was effected for a “genuine commercial purpose” (SOPO Response, ¶ 489). “must fail”.36 This being so, several of the Claimant’s Requests seek documents to prove that the Amendment Act was not and could not have been foreseeable before the Restructure occurred (the “Foreseeability Requests”).37 The Respondent objects to the Foreseeability Requests inter alia on the basis that the documents sought are not relevant and material to the Claimant’s defense against the APO,...
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Related to OTHER RECURRING ISSUES

  • INTELLECTUAL PROPERTY The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • General The Trustee shall keep proper books of record and account of all the transactions of each Trust under this Indenture at its corporate trust office, including a record of the name and address of, and the Units issued by each Trust and held by, every Unit holder, and such books and records of each Trust shall be open to inspection by any Unit holder of such Trust at all reasonable times during the usual business hours. The Trustee shall make such annual or other reports as may from time to time be required under any applicable state or federal statute or rule or regulations thereunder.

  • Amendments This Agreement may not be amended, modified or waived as to any particular provision, except by a written instrument executed by all parties hereto.

  • Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).

  • Taxes The Company shall pay, and shall cause each of its Subsidiaries to pay, prior to delinquency, all material taxes, assessments, and governmental levies except such as are contested in good faith and by appropriate proceedings or where the failure to effect such payment is not adverse in any material respect to the Holders of the Notes.

  • Sick Leave The employee is eligible for long term disability benefits if provided for in the Collective Agreement. An employee will not receive pay for the first two (2) weeks of any period of absence due to a legitimate illness. The employee may utilize the paid holiday bank as income replacement for absences due to illness, as described in Article (c) above. An employee who is eligible may apply for Employment Insurance for weeks three (3) through seventeen (17) for any absence due to a legitimate illness. The Home will provide the employee with Disability Income Protection as per Article 14.01 (c) for weeks eighteen (18) through thirty (30) for any absence due to a legitimate illness. Employees may be required to provide medical proof of illness for any absence of a scheduled shift, which is neither vacation nor an approved leave of absence.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • 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.

  • Headings The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

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