Procedure for Review of Administrative Charges Sample Clauses

Procedure for Review of Administrative Charges. The Agreement Administrator may assess administrative charges and penalties as specified in Article 12 pursuant to this Agreement monthly. As needed during the term of this Agreement, the Agreement Administrator will issue a written notice to 1850 Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 1851 assessment. 1852 19.05.1 The assessment will become final unless, within ten (10) calendar days of the date 1853 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 1854 present evidence that the assessment should not be made. 1855 19.05.2 The Agreement Administrator will schedule a meeting between Contractor and the 1856 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 1857 19.05.3 The City Manager will review Contractor’s evidence and render a decision 1858 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 1859 notice of the decision will be provided to Contractor. 1860 19.05.4 In the event Contractor does not submit a written request for a meeting within ten 1861 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 1862 will be final. 1863 19.05.5 City’s assessment or collection of administrative charges will not prevent City from 1864 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 1865 to perform the work and services in the manner set forth in this Agreement. 1866 19.06 Uncontrollable Circumstances. 1867 19.06.1 If either party is prevented from or delayed in performing its duties under this 1868 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 1869 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 1870 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, civil 1871 disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor 1872 disturbances, acts of government or governmental restraint (including but not limited to public health orders 1873 by Contra Costa County or State officials) or other causes, whether of the kind enumerated or otherwise, 1874 that are not reasonably within the control of the affected party, then the affec...
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Procedure for Review of Administrative Charges. The Agreement Administrator may assess administrative charges and penalties as specified in Exhibit 9 pursuant to this Agreement monthly. At the end of each month during the term of this Agreement, the Agreement Administrator will issue a written notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each assessment. 23.05.1 The assessment will become final unless, within ten (10) calendar days of the date of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. 23.05.2 The Agreement Administrator will schedule a meeting between Contractor and the City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 23.05.3 The City Manager will review Contractor’s evidence and render a decision sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written notice of the decision will be provided to Contractor. 23.05.4 In the event Contractor does not submit a written request for a meeting within ten
Procedure for Review of Administrative Charges. The City 2 Representative may assess administrative charges pursuant to this Article 17 by 3 issuing a written notice to CONTRACTOR (“Notice of Assessment”) of the 4 administrative charges assessed, if any, and the basis for each assessment. 5 17.05.1 The administrative charges assessment shall become final 6 unless, within ten (10) calendar days of the date of the Notice of Assessment, 1 CONTRACTOR submits a written request for a meeting with the Director of 2 Environmental Services (“Director”) to present evidence that the assessment should 3 not be made. 4 17.05.2 The City Representative shall schedule a meeting between 5 CONTRACTOR and the Director or the Director’s designee as soon as reasonably 6 possible after timely receipt of CONTRACTOR’s request. 7 17.05.3 The Director or the Director’s designee shall review 8 CONTRACTOR’s evidence and render a decision sustaining or reversing the 9 administrative charges as soon as reasonably possible after the meeting. Written 10 notice of the decision shall be provided to CONTRACTOR. 11 17.05.4 In the event CONTRACTOR does not submit a written request 12 for a meeting within ten (10) calendar days of the date of the Notice of Assessment, 13 the City Representative’s determination shall be final and CITY may deduct the 14 administrative charges from amounts otherwise due to CONTRACTOR.
Procedure for Review of Administrative Charges. The penalties assessed shall become final unless, within ten (10) calendar days of the date of the Notice of Assessment, Franchisee provides a written request for a meeting with the City Manager to present evidence that the assessment should not be made. The City Manager shall schedule a meeting between Franchisee and the City Manager as soon as reasonably possible after timely receipt of Franchisee’s request. The City Manager shall review Franchisee’s evidence and render a decision sustaining or reversing the penalties as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Franchisee.
Procedure for Review of Administrative Charges. The City 2 Representative may assess administrative charges pursuant to this Article 18 by issuing
Procedure for Review of Administrative Charges. The Contract Administrator may assess administrative charges pursuant to this Article 17 on a monthly basis. At the end of each month during the term of this Contract, the Contract Administrator shall issue a written notice to CONTRACTOR (“Notice of Assessment”) of the administrative charges assessed and the basis for each assessment. 17.05.1 The assessment shall become final unless, within ten (10) calendar days of the date of the notice of assessment, CONTRACTOR provides a written request for a meeting with the Contract Administrator to present evidence that the assessment should not be made. 17.05.2 The Contract Administrator shall schedule a meeting with the CONTRACTOR as soon as reasonably possible after timely receipt of CONTRACTOR’S request. 17.05.3 The Contract Administrator shall review CONTRACTOR’S evidence and render a decision sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to CONTRACTOR. 17.05.4 In the event CONTRACTOR does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the Contract Administrator’s determination shall be final and the administrative charges shall be due within thirty (30) calendar days of the date of the Notice of Assessment. 17.05.5 The DISTRICT’S assessment or collection of administrative charges shall not prevent the DISTRICT from exercising any other right or remedy, including the right to terminate this Contract, for CONTRACTOR’S failure to perform the work and services in the manner set forth in this Contract.
Procedure for Review of Administrative Charges. 2 The City Representative may assess administrative charges pursuant to this 3 Article on a monthly basis. If administrative charges are applicable, the City 1 Representative shall issue a written notice to CONTRACTOR (“Notice of Assessment”) 2 of the administrative charges assessed and the basis for each assessment. 3 The administrative charges assessment shall become final unless, within ten (10) 4 calendar days of the date of the Notice of Assessment, CONTRACTOR provides a 5 written request for a meeting with the Director of Environmental Services (“Director”) to 6 present evidence that the assessment should not be made.
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Procedure for Review of Administrative Charges. The Agreement Administrator may assess administrative charges and penalties as specified in Exhibit 6 pursuant to this Agreement quarterly. 2773 At the end of each quarter during the term of this Agreement, the Agreement Administrator will issue a written 2774 notice to Contractor (“Notice of Assessment”) of the administrative charges assessed and the basis for each 2775 assessment. 2776 25.03.1 The assessment will become final unless, within ten (10) calendar days of the date 2777 of the notice of assessment, Contractor provides a written request for a meeting with the City Manager to 2778 present evidence that the assessment should not be made. 2779 25.03.2 The Agreement Administrator will schedule a meeting between Contractor and the 2780 City Manager as soon as reasonably possible after timely receipt of Contractor’s request. 2781 25.03.3 The City Manager will review Contractor’s evidence and render a decision 2782 sustaining or reversing the administrative charges as soon as reasonably possible after the meeting. Written 2783 notice of the decision will be provided to Contractor. 2784 25.03.4 In the event Contractor does not submit a written request for a meeting within ten 2785 (10) calendar days of the date of the Notice of Assessment, the Agreement Administrator’s determination 2786 will be final. 2787 25.03.5 City’s assessment or collection of administrative charges will not prevent City from 2788 exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure 2789 to perform the work and services in the manner set forth in this Agreement. 2790 25.04 Uncontrollable Circumstances. 2791 25.04.1 If either party is prevented from or delayed in performing its duties under this 2792 Agreement by circumstances beyond its control, whether or not foreseeable, including, without limitation, 2793 acts of terrorism, landslides, lightning, forest fires, storms, floods, severe weather, freezing, earthquakes, 2794 other natural disasters, the threat of such natural disasters, pandemics (or threat of same), quarantines, 2795 civil disturbances, acts of the public enemy, wars, blockades, public riots, strikes, lockouts, or other labor 2796 disturbances, acts of government or governmental restraint or other causes, whether of the kind 2797 enumerated or otherwise, that are not reasonably within the control of the affected party, then the affected 2798 party will be excused from performance hereunder during the period ...
Procedure for Review of Administrative Charges. The Agreement Administrator may assess administrative charges pursuant to this Agreement on a monthly basis. At the end of each month during the term of this Agreement, the Agreement Administrator will issue a written notice to CONTRACTOR (“Notice of Assessment”) of the administrative charges assessed and the basis for each assessment.

Related to Procedure for Review of Administrative Charges

  • Procedure for Rebate The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio.

  • Administrative Procedure iTrip staff will administer and determine whether a damage qualifies as Covered Damage. Such staff will have the sole authority to determine the nature and extent of damages, necessary repairs and eligibility for the waiver of liability described herein. The Covered Guest must report any theft or damage to the unit or its contents to iTrip staff by the time of check-out or any otherwise applicable damage waiver for such Covered Guest will be void. The iTrip Franchisee has ultimate claim administration authority. Arbitration is required prior to litigation.

  • Procedure for Advances (a) During the Reinvestment Period, the Note Purchaser will make Advances on any Business Day at the request of the Borrower, subject to and in accordance with the terms and conditions of Sections 2.01 and 2.02 and subject to the provisions of Article III hereof. (b) Each Advance shall be made on at least one Business Day’s irrevocable written notice from the Borrower to the Agent, with a copy to the Trustee and the Collateral Custodian, in the form of a Notice of Borrowing; provided that such Notice of Borrowing shall be deemed to have been received by the Agent on a Business Day if delivered no later than 5:00 p.m. (New York City time) on such Business Day and if not delivered by such time, shall be deemed to have been received on the following Business Day. The Borrower or Servicer shall post all Loan Agreements and other loan documents and information with respect to each proposed Eligible Loan Asset, if any, to an IntraLinks (or other replacement) website to which the Agent has access. Each Notice of Borrowing shall include a duly completed Borrowing Base Certificate (updated to the date such Advance is requested and giving pro forma effect to the Advance requested and the use of the proceeds thereof), and shall specify: (i) the aggregate amount of such Advance, which amount shall not cause the Advances Outstanding to exceed the Borrowing Base; provided that, except with respect to an Advance pursuant to Section 2.02(f), the amount of such Advance must be at least equal to $500,000; (ii) the proposed date of such Advance; (iii) a representation that all conditions precedent for an Advance described in Article III hereof have been satisfied; and (iv) the amount of cash that will be funded into the Unfunded Exposure Account in connection with the Advance, if applicable. On the date of each Advance, the Note Purchaser shall, upon satisfaction of the applicable conditions set forth in Article III, make available to the Borrower on the applicable Advance Date in same day funds, the amount of such Advance, by payment into the account which the Borrower has designated in writing; provided that, with respect to an Advance funded pursuant to Section 2.02(f), the Note Purchaser shall remit the Advance equal to the Exposure Amount Shortfall in same day funds to the Unfunded Exposure Account. (c) The Advances shall bear interest at the Yield Rate. (d) Subject to Section 2.18 and the other terms, conditions, provisions and limitations set forth herein (including, without limitation, the payment of the Make-Whole Premium, as applicable), the Borrower may (i) borrow and reborrow Advances without any penalty, on and after the Restatement Date and prior to the end of the Reinvestment Period and (ii) repay or prepay Advances without any penalty, on and after the Restatement Date and prior to the Facility Maturity Date. (e) Determinations by the Note Purchaser of the existence of any Eurodollar Disruption Event (any such determination to be communicated to the Borrower by written notice from the Agent promptly after the Agent learns of such event), or of the effect of any Eurodollar Disruption Event on its making or maintaining Advances at LIBOR, shall be conclusive absent manifest error. (f) Notwithstanding anything to the contrary herein (including, without limitation, the occurrence of an Event of Default or the existence of an Unmatured Event of Default or a Borrowing Base Deficiency), if, on the last day of the Reinvestment Period, the amount on deposit in the Unfunded Exposure Account is less than the aggregate of all Exposure Amounts, the Borrower shall request an Advance in the amount of such shortfall (the “Exposure Amount Shortfall”). Following receipt of a Notice of Borrowing (which shall specify the account details of the Unfunded Exposure Account where the funds will be made available), the Note Purchaser shall fund such Exposure Amount Shortfall in accordance with Section 2.02(b), notwithstanding anything to the contrary herein (including, without limitation, the Borrower’s failure to satisfy any of the conditions precedent set forth in Section 3.02).

  • 000 GRIEVANCE PROCEDURE 7. 100 It is agreed that it is the spirit and intent of this Agreement to adjust grievances promptly. All grievances, including discharge for just cause, but not those pertaining to jurisdictional disputes that may arise on any work covered by this Agreement, must be initiated within fifteen (15) working days of the incident by either the employee in Step I or the Local Union in Step II and shall be handled in the following manner:

  • Appeals Procedure If Employee appeals to the Administrator, Employee or his authorized representative may submit in writing whatever issues and comments he believes to be pertinent. The Administrator shall reexamine all facts related to the appeal and make a final determination of whether the denial of benefits is justified under the circumstances. The Administrator shall advise Employee in writing of: (1) The Administrator's decision on appeal. (2) The specific reasons for the decision. (3) The specific provisions of the Agreement on which the decision is based. Notice of the Administrator's decision shall be given within 60 days of the Claimant's written request for review, unless additional time is required due to special circumstances. In no event shall the Administrator render a decision on an appeal later than 120 days after receiving a request for a review.

  • Procedure for Payment Whenever a payment for fractional Rights, Preferred Shares or Common Shares is to be made by the Rights Agent pursuant to this Agreement, the Company will (i) promptly prepare and deliver to the Rights Agent a certificate setting forth in reasonable detail the facts related to such payment and the prices or formulas utilized in calculating such payments; and (ii) provide sufficient monies to the Rights Agent to make such payments. The Rights Agent will be fully protected in relying upon such certificate and will have no duty with respect thereto, and will not be deemed to have knowledge of any payment for fractional Rights, Preferred Shares or Common Shares pursuant to this Agreement unless and until the Rights Agent has received such certificate and sufficient monies.

  • Timing of Administrator Response The Administrator shall respond to such Claimant within ninety (90) days after receiving the claim. If the Administrator determines that special circumstances require additional time for processing the claim, the Administrator can extend the response period by an additional ninety (90) days by notifying the Claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Administrator expects to render its decision.

  • Administrative Procedures Administrative procedures with respect to the sale of Notes shall be agreed upon from time to time by the Agents and the Company (the "Procedures"). The Agents and the Company agree to perform the respective duties and obligations specifically provided to be performed by them in the Procedures.

  • Review Procedure If the Plan Administrator denies part or all of the claim, the claimant shall have the opportunity for a full and fair review by the Plan Administrator of the denial, as follows:

  • Procedure for Claims (1) In the event the Indemnitee is named as a party in any action, claim, suit, proceeding or investigation upon which the Indemnitee intends to base a claim for indemnification hereunder, the Indemnitee shall give the Indemnitor prompt written notice of such action, claim, suit, proceeding or investigation (provided, however, that failure of the Indemnitee to provide such notice shall not relieve the Indemnitor of any liability to the Indemnitee the Indemnitor may have under this Agreement except to the extent that the Indemnitor is materially prejudiced by such failure). (2) The Indemnitor shall participate in and, assume the defence of any such action, including for certainty any derivative action, claim, suit, proceeding or investigation all at the Indemnitor's expense provided, however, that counsel retained by the Indemnitor shall be satisfactory to the Indemnitee in the exercise of his reasonable judgement. Notwithstanding the Indemnitor's assumption of the defense of such action, claim, suit, proceeding or investigation, the Indemnitee shall have the right to employ separate counsel and to participate in, but not control, the defense of such action, claim, suit, proceeding or investigation, and the Indemnitor shall bear the reasonable fees, costs and expenses of such separate counsel as such fees, costs and expenses are incurred (provided that with respect to any single action, claim, suit, proceeding or investigation, the Indemnitor shall not be required to bear the fees, costs and expenses of more than one such counsel in any single jurisdiction) if (a) the use of counsel chosen by the Indemnitor to represent the Indemnitee would present such counsel with a conflict of interest; (b) the defendants, respondents or other parties in any such action, claim, suit, proceeding or investigation include both the Indemnitee on the one hand and the Indemnitor on the other hand, and the Indemnitee has reasonably concluded that representation of both parties by the same counsel would be inappropriate due to actual or potential differing interests between them (in which case the Indemnitor shall not have the right to direct the defense of such action, claim, suit, proceeding or investigation on behalf of the Indemnitee); (c) the Indemnitor shall not have employed counsel satisfactory to the Indemnitee in the exercise of the Indemnitee's reasonable judgment to represent him, within a reasonable time after notice of the institution of such action, proceeding or investigation; or (d) the Indemnitor authorizes the Indemnitee to employ separate counsel at the Indemnitor's expense. (3) The Indemnitee shall cooperate with the Indemnitor in the Indemnitor's defense by providing such information and other assistance which the Indemnitor may reasonably request in connection with such defense. (4) The Indemnitor shall not, without the Indemnitee's prior written consent, settle, compromise, consent to the entry of any judgment in or otherwise seek to terminate any action, claim, suit or proceeding in respect of which indemnification may be sought hereunder (whether or not the Indemnitee is a party thereto) unless such settlement, compromise, consent or termination includes a release of the Indemnitee from any liabilities arising out of such action, claim, suit or proceeding. The Indemnitee shall not, without the Indemnitor's prior written consent, admit liability, settle, compromise, consent to the entry of any judgment in or otherwise seek to terminate any action, claim, suit, investigation or proceeding referred to in the preceding paragraph and the Indemnitee shall not disclose the existence of this Agreement unless required by law, subpoena, court order or upon the advice of counsel.

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