Procedural Law Sample Clauses

Procedural Law. Except as otherwise provided herein, the arbitration of all Covered Claims will be governed by California procedural law (including the Code of Civil Procedure, Civil Code and Evidence Code (excluding local rules) as if the Covered Claims had been brought in a Superior Court of the State of California; provided, however, that (i) the parties waive any right to jury; (ii) there shall be no interlocutory appellate relief (such as writs) available; and (iii) discovery will be limited to matters which are directly relevant to the issues in the arbitration.
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Procedural Law. Illinois law shall govern the conduct of arbitrations pursuant to this Agreement.
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Procedural Law. Except as otherwise provided herein, the arbitration of all Covered Claims will be governed by New York procedural law (excluding local rules) as if the Covered Claims had been brought in a Supreme Court of the State of New York; provided, however, that (i) the parties waive any right to jury; (ii) there shall be no interlocutory appellate relief (such as writs) available; and (iii) discovery will be limited to matters which are directly relevant to the issues in the arbitration.
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Procedural Law. Except as otherwise provided herein, the arbitration of all Covered Claims will be governed by the procedural Law of the state in which the arbitration is taking place (including the Code of Civil Procedure, Civil Code, Evidence Code and Rules of Court (excluding local rules and the procedural references contained with such state’s arbitration statute)) as if the Covered Claims had been brought in a trial court of general jurisdiction of such state; provided, however, that (i) the parties waive any right to jury; (ii) there shall be no interlocutory appellate relief (such as writs) available; and (iii) discovery will be limited to matters which are directly relevant to the issues in the arbitration.
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Procedural Law. Except as otherwise provided herein, the arbitration of all Covered Claims will be governed by Colorado procedural law (including the rules of civil procedure, evidence and court (excluding local rules)) as if the Covered Claims had been brought in a District Court of the State of Colorado; provided, however, that (i) the parties waive any right to jury, (ii) there shall be no appellate relief available, and (iii) discovery will be limited to matters which are directly relevant to the issues in the arbitration.
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Procedural Law. Except as otherwise provided herein, the arbitration of all Covered Claims will be governed by procedural law of Delaware as if the Covered Claims had been brought in a state court of Delaware; provided, however, that (i) the parties waive any right to jury; (ii) there shall be no interlocutory appellate relief (such as writs) available; and (iii) discovery will be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect.
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Procedural Law a) State Parties shall take the necessary legislative measures to ensure that where the data stored in a computer system or in medium where computerized data can be stored in the territory of a State Party, are useful in establishing the truth, the court applied to may carry out a search to access all or part of a computer system through another computer system, where the said data are accessible from or available to the initial system; b) State Parties shall take the necessary legislative measures to ensure that where the judicial authority in charge of investigation discovers data stored in a computer system that are useful for establishing the truth, but the seizure of the support does not seem to be appropriate, the data as well as all such data as are required to understand them, shall be copied into a computer storage medium that can be seized and sealed, in accordance with the modalities provided for under the legislations of State Parties; c) State Parties shall take the necessary legislative measures to ensure that judicial authorities can, for the purposes of investigation or execution of a judicial delegation, carry out the operations provided for under this Convention; d) State Parties shall take the necessary legislative measures to ensure that if information needs so require, particularly where there are reasons to believe that the information stored in a computer system are particularly likely to be lost or modified, the investigating judge may impose an injunction on any person to preserve and protect the integrity of the data in his/her possession or under his/her control, for a maximum period of two years, in order to ensure the smooth conduct of the investigation. The custodian of the data or any other person responsible for preserving the data shall be expected to maintain secrecy with regard to the data; e) State Parties shall take the necessary legislative measures to ensure that where information needs so require, the investigating judge can use appropriate technical means to collect or record in real time, data in respect of the contents of specific communications in its territory, transmitted by means of a computer system or compel a service provider, within the framework of his/her technical capacities, to collect and record, using the existing technical facilities in its territory or that of State Parties, or provide support and assistance to the competent authorities towards the collection and recording of the said computerized ...
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Related to Procedural Law

  • Procedural Rules 1 The provisions of Union law governing the different types of administrative procedures covered by this Chapter shall apply to the procedures referred to in Articles 92, 93 and 96.

  • Procedural Requirements All holders of record of shares of Preferred Stock shall be sent written notice of the Mandatory Conversion Time and the place designated for mandatory conversion of all such shares of Preferred Stock pursuant to this Section 6. Such notice need not be sent in advance of the occurrence of the Mandatory Conversion Time. Upon receipt of such notice, each holder of shares of Preferred Stock shall surrender his, her or its certificate or certificates for all such shares (or, if such holder alleges that such certificate has been lost, stolen or destroyed, a lost certificate affidavit and agreement reasonably acceptable to the Corporation to indemnify the Corporation against any claim that may be made against the Corporation on account of the alleged loss, theft or destruction of such certificate) to the Corporation at the place designated in such notice. If so required by the Corporation, certificates surrendered for conversion shall be endorsed or accompanied by written instrument or instruments of transfer, in form satisfactory to the Corporation, duly executed by the registered holder or by his, her or its attorney duly authorized in writing. All rights with respect to the Preferred Stock converted pursuant to Section 6.1, including the rights, if any, to receive notices and vote (other than as a holder of Common Stock), will terminate at the Mandatory Conversion Time (notwithstanding the failure of the holder or holders thereof to surrender the certificates at or prior to such time), except only the rights of the holders thereof, upon surrender of their certificate or certificates (or lost certificate affidavit and agreement) therefor, to receive the items provided for in the next sentence of this Subsection 6.2. As soon as practicable after the Mandatory Conversion Time and the surrender of the certificate or certificates (or lost certificate affidavit and agreement) for Preferred Stock, the Corporation shall issue and deliver to such holder, or to his, her or its nominees, a certificate or certificates for the number of full shares of Common Stock issuable on such conversion in accordance with the provisions hereof, together with cash as provided in Subsection 5.2 in lieu of any fraction of a share of Common Stock otherwise issuable upon such conversion and the payment of any declared but unpaid dividends on the shares of Preferred Stock converted. Such converted Preferred Stock shall be retired and cancelled and may not be reissued as shares of such series, and the Corporation may thereafter take such appropriate action (without the need for stockholder action) as may be necessary to reduce the authorized number of shares of Preferred Stock accordingly.

  • Procedural Steps Grievances shall be presented and adjusted in the following manner: A. Step I - An employee shall present the grievance informally via oral or electronic communication to his/her immediate supervisor. B. Step 2 - Any grievance not resolved informally in Step 1 shall be submitted in writing to the immediate supervisor provided that such grievance is submitted within twenty (20) days following knowledge of the act or condition which is the basis of the complaint. The immediate supervisor shall have ten (10) days to give a written decision after receipt of the grievance. C. Step 3 - If the grievance is not settled in Step 2, the grievant may move it to Step 3 by written notice to the Superintendent of Schools or his/her designee within ten (10) days after receipt of the Step 2 decision. The Superintendent of Schools or his/her designee shall have ten (10) days to give a written decision after receipt of the grievance. D. Step 4 - If the grievance is not settled in Step 3, the grievant may move it to Step 4 by written notice to the Chairman of the Board of Education within ten (10) days after receipt of the Step 3 decision. The Board shall have twenty (20) days to give a written decision after receipt of the grievance. If the Board chooses not to consider the grievance, they will notify the grievant within ten (10) days, and said grievance may be moved to Step 5 without comment or prejudice. E. Step 5 - Arbitration Procedure - Any grievance concerning the alleged violation, misinterpretation or misapplication of any provision of this Agreement that has been properly processed through level four of the grievance procedure as set forth above and has not been settled or waived may be appealed to arbitration by the Association by serving written notice on the Board within five (5) days after the Board’s answer at level four of the said grievance procedure. If the Association fails to serve such notice of its intention to arbitrate within this time limitation, it shall be deemed to have waived the arbitration and the grievance shall be considered settled.

  • PROCEDURAL HISTORY On May 16, 2008, pursuant to 83 Illinois Administrative Code Part 763, Illinois Bell Telephone Company (“AT&T Illinois”) and Vertex Broadband, Corp. d/b/a AthenaTel d/b/a Reason to Switch d/b/a TownLink Communications d/b/a INT Connections (“Vertex”), filed a joint petition for approval of the 1st Amendment to the Interconnection Agreement dated May 6, 2008 under Section 252 of the Telecommunications Act of 1996 (47 U.S.C. § 252 et seq.) (“the Act”). The 1st Amendment to the Agreement was submitted with the petition. A statement in support of the petition was filed along with verifications sworn to by Xxxxx X. Xxxx, Xx. on behalf of AT&T Illinois and by Xxxxxx X. Xxxxx on behalf of Vertex, stating that the facts contained in the petition are true and correct to the best of their knowledge, information, and belief. Pursuant to notice as required by law and the rules and regulations of the Commission, this matter came on for hearing by the duly authorized Administrative Law Judge of the Commission at its offices in Chicago, Illinois, on June 9, 2008. Staff previously filed the Verified Statement of A. Xxxxxxxx Xxxxxxx of the Commission’s Telecommunications Division on June 6, 2008. At the hearing on June 9, 2008, AT&T Illinois, Vertex and Staff appeared and agreed that there were no unresolved issues in this proceeding. Subsequently Xx. Xxxxxxx’x Verified Statement was admitted into evidence and the record was marked “Heard and Taken.”

  • Procedural Matters The Trustee may maintain a proceeding even if it does not possess any of the Notes or does not produce any of them in such proceeding. A delay or omission by the Trustee or any Holder in exercising any right or remedy following an Event of Default will not impair the right or remedy or constitute a waiver of, or acquiescence in, such Event of Default. All remedies will be cumulative to the extent permitted by law.

  • Notification; Procedural Matters Promptly after receipt by an Indemnified Party under Section 3.1 of notice of any claim or the commencement of any action, such Indemnified Party shall, if a claim in respect thereof is to be made against the Indemnifying Party (or if a claim for contribution is to be made against another party) under Section 3.1, notify the Indemnifying Party (or other contributing party) in writing of the claim or the commencement of such action; provided, however, that the failure to notify the Indemnifying Party (or other contributing party) shall not relieve it from any liability which it may have under Section 3.1 except to the extent it has been materially prejudiced by such failure; and provided, further, however, that the failure to notify the Indemnifying Party shall not relieve it from any liability which it may have to any Indemnified Party (or to the party requesting contribution) otherwise than under Section 3.1. In case any such action is brought against any Indemnified Party and it notifies the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate therein and, to the extent that, by written notice delivered to the Indemnified Party promptly after receiving the aforesaid notice from such Indemnified Party, the Indemnifying Party elects to assume the defense thereof, it may participate with counsel reasonably satisfactory to such Indemnified Party; provided, however, that if the defendants in any such action include both the Indemnified Party and the Indemnifying Party and the Indemnified Party or parties shall reasonably have concluded that there may be legal defenses available to it or them and/or other Indemnified Parties that are different from or additional to those available to the Indemnifying Party, or if the use of counsel chosen by the Indemnifying Party to represent the Indemnified Parties would present such counsel with a conflict of interest, the Indemnified Party or parties shall have the right to select separate counsel to assert such legal defenses and to otherwise participate in the defense of such action on behalf of such Indemnified Party or parties. Upon receipt of notice from the Indemnifying Party to such Indemnified Party of its election so to assume the defense of such action and approval by the Indemnified Party of such counsel, the Indemnifying Party shall not be liable to such Indemnified Party under this paragraph for any legal or other expenses subsequently incurred by such Indemnified Party in connection with the defense thereof, unless (i) the Indemnified Party shall have employed separate counsel (plus any local counsel) in connection with the assertion of legal defenses in accordance with the proviso to the immediately preceding sentence, (ii) the Indemnifying Party shall not have employed counsel reasonably satisfactory to the Indemnified Party to represent the Indemnified Party within a reasonable time after notice of commencement of the action or (iii) the Indemnifying Party shall have authorized the employment of counsel for the Indemnified Party at the expense of the Indemnifying Party. No party shall be liable for contribution with respect to any action or claim settled without its consent, which consent shall not be unreasonably withheld. In no event shall the Indemnifying Party be liable for the fees and expenses of more than one counsel (in addition to any local counsel) separate from its own counsel for all Indemnified Parties in connection with any one action or separate but similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances.

  • Procedural and Operational Requirements By accepting and using the Financial Assistance awarded under this Agreement and for this Program Element, LPHA agrees to conduct the following activities in accordance with the indicated procedural and operational requirements: a. LPHA must operate its Communicable Disease program in accordance with the Requirements and Standards for the Control of Communicable Disease set forth in ORS Chapters 431, 432, 433 and 437 and OAR Chapter 333, Divisions 12, 17, 18, 19 and 24, as such statutes and rules may be amended from time to time. b. LPHA must use all reasonable means to investigate in a timely manner all reports of Reportable Diseases, infections, or conditions. To identify possible sources of infection and to carry out appropriate control measures, the LPHA Administrator shall investigate each report following procedures outlined in OHA’s Investigative Guidelines or other procedures approved by OHA. OHA may provide assistance in these investigations, in accordance with OAR 333-019-0000. Investigative guidelines are available at: xxxx://xxx.xxxxxx.xxx/oha/PH/DiseasesConditions/CommunicableDisease/ReportingCommuni cableDisease/ReportingGuidelines/Pages/index.aspx c. As part of its Communicable Disease control program, LPHA must, within its service area, investigate the Outbreaks of Communicable Diseases, institute appropriate Communicable Disease control measures, and submit required information in a timely manner regarding the Outbreak to OHA in Orpheus (or Opera for COVID-19 Cases and XXXXX for COVID-19 contacts) as prescribed in OHA CD Investigative Guidelines available at: d. LPHA must establish and maintain a single telephone number whereby physicians, hospitals, other health care providers, OHA and the public can report Communicable Diseases and Outbreaks to LPHA 24 hours a day, 365 days a year. LPHA may employ an answering service or 911 system, but the ten-digit number must be available to callers from outside the local emergency dispatch area, and LPHA must respond to and investigate reported Communicable Diseases and Outbreaks. e. LPHA must attend Communicable Disease 101 and Communicable Disease 303 training. f. LPHA must attend monthly Orpheus user group meetings or monthly Orpheus training webinars.

  • Law Governing This Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of Delaware (without reference to the conflict of laws rules or principles thereof).

  • The Arbitration Act The parties hereby incorporate herein the provisions and procedures set forth in the Utah Uniform Arbitration Act, U.C.A. § 78B-11-101 et seq. (as amended or superseded from time to time, the “Arbitration Act”). Notwithstanding the foregoing, pursuant to, and to the maximum extent permitted by, Section 105 of the Arbitration Act, in the event of conflict or variation between the terms of these Arbitration Provisions and the provisions of the Arbitration Act, the terms of these Arbitration Provisions shall control and the parties hereby waive or otherwise agree to vary the effect of all requirements of the Arbitration Act that may conflict with or vary from these Arbitration Provisions.

  • Texas Law This Agreement has been made under and shall be governed by the laws of the State of Texas.

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