Procedure for Disputes Sample Clauses

Procedure for Disputes. 25.1 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute. 25.2 The Adjudicator shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will be final and binding. 25.3 The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special Conditions of Contract.

Procedure for Disputes. The procedures set forth in Sections 14.6.1 and 14.6.2 are the sole and exclusive procedures for the resolution of disputes among the parties arising out of or related to this Agreement; provided, however, that any party may seek a preliminary injunction or other provisional judicial relief if, in its sole judgment, such action is necessary to avoid irreparable damage or to preserve the status quo.

Procedure for Disputes. 25.1 The Dispute Review committee shall give a decision in writing within 28 days of receipt of a notification of a dispute. 25.2 The Dispute Review committee shall be paid daily at the rate specified in the Contract Data together with reimbursement expenses of the types specified in the Contract. *. Dispute Review committee consist of three members 1. One official member. Chairman of the Dispute review committee, not below the rank of Additional Secretary to the state Government. 2. One official member not below the rank of chief Engineer 3. One non official member who will be technical expert of chief Engineer level selected by the Contractor from a panel of three persons given to him by the Employer Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Dispute Review comittee. Either party may give notice to the other to refer a decision of the Dispute Review comittee to an Arbitrator within 28 days of the Dispute Review expert’s written decision. If neither party refers the dispute to arbitration within the next 28 days, the Dispute Review committee’s decision will be final and binding. 25.3 The arbitration shall be conducted in accordance with the arbitration procedure started in the Special Conditions of Contract.

Procedure for Disputes. 28.1 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute. 28.2 The Adjudicator shall be paid by the hour at the rate specified in the Tender Data Sheet and Contract Data Sheet, together with reimbursable expenses of the types specified in the Contract Data Sheet, and the cost shall be divided equally between the CGK and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator’s decision will be final and binding.

Procedure for Disputes. 16.2.1 In the event that any party to this Agreement does not agree with another party’s determination of a Calculation Matter pursuant to this Agreement, then the disputing party shall, within five (5) Business Days following receipt of such other party’s determination of such Calculation Matter, deliver notice to the other party of its objection, along with its own determination of the Calculation Matter. Each party shall use its best efforts to resolve such disputes within forty-five (45) days following delivery of the notice of such dispute. 16.2.2 In the event any dispute regarding a Calculation Matter remains unresolved following the forty-five (45) day period described in Section 16.2.1 above, NOLHGA, prior to the Closing Date, or NEWCO, after the Closing (in either case on behalf of any PGAs affected by the particular Calculation Matter or NEWCO), and the Receiver shall, as appropriate given the nature of the dispute, each retain one actuarial consulting firm or independent certified public accounting firm which will perform the calculations required as expeditiously as possible and issue their reports to NOLHGA or NEWCO, as the case may be, and the Receiver. To the extent the variation between the reports of the firms relates to dollar amounts and is less than five percent of the larger dollar amount, or the dollar difference is less than $500,000 (if the Calculation Matter involves a determination of asset values, liabilities or surplus), the two shall be averaged, with the result deemed to be a final and determinative calculation of the amount at issue. In the event the reports have a variation of five percent or more of the larger dollar amount, or the difference is more than $500,000 (if the Calculation Matter involves a determination of asset values, liabilities or surplus), the two firms shall choose a third firm, which shall perform the calculations and issue a report to NOLHGA or NEWCO, as the case may be, and the Receiver. Thereafter, the two calculations that are the closest shall be averaged, with the result deemed to be a final and determinative calculation of the amount at issue. Prior to the Closing, the fees and expenses of the actuaries and accountants retained pursuant to this Section 16.2.2 shall be paid equally by the PGAs (pro rata in accordance with their Payment Percentage), and by the Receiver from assets in the ELNY Estate. After the Closing, all such fees and expenses shall be borne by the PGAs. Such dispute resolution pro...

Procedure for Disputes. 25.1 Deleted 25.2 Deleted

Procedure for Disputes. 31.1 The arbitration shall be conducted in accordance with the arbitration procedure published by the institution named and in the place shown in the SCC.

Procedure for Disputes. 25.1 The Adjudicator should be in position before ―notice to proceed with work‖ is issued to the contractor and an agreement should be signed with the Adjudicator jointly by Employer/Contractor in the form attached next to Section 8 s‘– Forms of securities . 25.2 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute. 25.3 The Adjudicator shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator's written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator's decision will be final and binding. 25.4 The arbitration shall be conducted in accordance with the arbitration procedures published by the institution named and in the place specified in the SCC. The Arbitrators shall give a decision in writing within 120 days of start of the proceedings except otherwise agreed to by the Parties. The Arbitrators shall entertain only those issues which have been earlier referred to the Adjudicator and either party is dissatisfied with the decision given by the Adjudicator.

Procedure for Disputes. 25.1. The Dispute Review Board shall be constituted with three members, one from Employer, One from Contractor and the other to be nominated jointly by the above two members to give a decision in writing within 28 days of receipt of a notification of a dispute. 25.2. The Dispute Review Board shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of types specified in the Contract Data and the cost shall be divided equally between the Managing Director, ASTC ,Paltanbazar, Guwahati-8 and the Contractor, whatever decision is reached by the Dispute Review Board. Either party may give notice to the other to refer a decision of the Dispute Review Board to an Arbitrator within 28 days of the Dispute Review Board’s written decision. If neither party refers the dispute to arbitration within the next 28 days, the Dispute Review Board’s decision will be final and binding.

Procedure for Disputes. 25.1 The Adjudicator shall give a decision in writing within 28 days of receipt of a notification of a dispute. 25.2 The Adjudicator shall be paid daily at the rate specified in the Contract Data together with reimbursable expenses of the types specified in the Contract Data and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 25.3 The arbitration shall be conducted in accordance with the arbitration procedure stated in the Special Conditions of Contract.