Procedure for Review of Liquidated Damages Sample Clauses

Procedure for Review of Liquidated Damages. The Town Representative may assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each month during the term of this AGREEMENT, the Town Representative shall issue a written notice to FRANCHISEE (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment.
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Procedure for Review of Liquidated Damages. 2 If liquidated damages are applicable, the City Representative shall issue a written 3 notice to CONTRACTOR (“Notice of Nonperformance”) that lists the liquidated damages 4 associated with the nonperformance, and the nature of the nonperformance.
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Procedure for Review of Liquidated Damages. TOWN Representative may 2371 assess liquidated damages pursuant to this Article on a monthly basis. At the end of each 2372 month during the term of this Agreement, the Town Representative shall issue a written notice 2373 to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis 2374 for each assessment. 2375 19.04.1 The assessment shall become final unless, within ten (10) 2376 calendar days of the date of the notice of assessment, CONTRACTOR provides a written 2377 request for a meeting with the TOWN Manager and TOWN Representative to present evidence 2378 that the assessment should not be made. 2379 19.04.2 The TOWN Representative shall schedule a meeting between 2380 CONTRACTOR and the TOWN Manager or the TOWN Manager’s designee as soon as 2381 reasonably possible after receipt of CONTRACTOR’S request for same. 2382 19.04.3 The TOWN Manager or the TOWN Manager’s designee shall 2383 review CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated 2384 damages as soon as reasonably possible after the meeting. Written notice of the decision shall 2385 be provided to CONTRACTOR. 2386 2387 19.04.4 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 TOWN 2388 Representative’s determination shall be final and CONTRACTOR shall submit payment to 2389 TOWN no later than that tenth (10th) day. 2390 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2391 notification to CONTRACTOR, TOWN will deduct the liquidated damages from amounts 2392 otherwise due to CONTRACTOR. 2393 19.04.5 TOWN’S assessment or collection of liquidated damages shall not 2394 prevent TOWN from exercising any other right or remedy, including the right to terminate this 2395 Agreement, for CONTRACTOR’S failure to perform the work and services in the manner set 2396 forth in this Agreement. 2397 ARTICLE 20. Performance Review 2398 20.01.1.1 Selection and Cost. TOWN may conduct two (2) 2399 performance reviews (“reviews”) of CONTRACTOR’S performance, at any time during the term 2400 of this Agreement. For each performance review, CONTRACTOR will be responsible for a 2401 maximum cost of Sixty Thousand Dollars ($60,000.00) for each Performance Review and 2402 escalated annually by the percentage of annual rate increase. 2403 20.01.1.2 The reviews will be performed by a qualified firm under 2404 contract to TOWN. TOWN shall have the final responsi...
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Procedure for Review of Liquidated Damages. The City Representative may 834 assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each 835 month during the term of this AGREEMENT, the City Representative shall issue a written notice 836 to FRANCHISEE (“Notice of Assessment”) of the liquidated damages assessed and the basis for 837 each assessment.
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Procedure for Review of Liquidated Damages. The City Manager may assess administrative charges pursuant to this Article 19 on an as needed basis. Within two (2) Work Days of the assessment of liquidated damages pursuant to this Article 19, the City Manager shall issue a written notice to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment. 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 City Manager to present evidence that the assessment should not be made.
Sample 1
Procedure for Review of Liquidated Damages. The City Manager may assess liquidated damages under this Article 12 on a monthly or less frequent basis. At the end of each period, the City Manager shall issue a written notice to Contractor (“notice of assessment”) of the liquidated damages assessed and the basis for each assessment. The assessment shall become final unless, within ten 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. The City Manager shall schedule a meeting between Contractor and the City Manager as soon as reasonably possible after timely receipt of Contractor’s request. The City Manager 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. An appeal of the City Manager’s decision to the City Council may be taken pursuant to appeal procedures set forth in PHMC Chapter 1.10. If Contractor does not submit a written request for a meeting within ten calendar days of the date of the notice of assessment, the City Manager’s determination shall be final and Contractor shall make payment within five calendar days. City’s assessment or collection of liquidated damages does not prevent City from exercising any other right or remedy, including the right to terminate this Agreement, for Contractor’s failure to perform the work and services in the manner set forth in this Agreement.
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Procedure for Review of Liquidated Damages. If the City elects not to terminate this Agreement for breach, the City Representative may assess liquidated damages pursuant to this Section on a monthly basis. At the end of each month during the term of this Agreement, the City Representative shall issue a written notice to Contractor (“Notice of Assessment”) of the liquidated damages assessed and the basis for each assessment.
Sample 1
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Procedure for Review of Liquidated Damages. City may assess liquidated damages pursuant to this Section 9.4 on a quarterly basis. At the end of each month during the term of this Agreement, City shall issue a written notice to Company of the liquidated damages assessed and the basis for each assessment. The assessment shall become final unless, within ten (10) days of the day Company receives such notice, Company provides a written request for a meeting with the City to present evidence that the assessment should not be made. The Parties shall meet with ten (10) days of City’s receipt of Company’s notice. City shall consider Company’s evidence in good-faith and render a written decision sustaining or reversing any disputed liquidated damages within five (5) days of the meeting. If the total assessed charges for any one (1) quarterly assessment are equal to or less than One Thousand Five Hundred Dollars and No/100 Cents ($1,500.00), then the decision of the City shall be final and non-appealable. If the total assessed damages are greater than One Thousand Five Hundred Dollars and No/100 Cents ($1,500.00), then, within five (5) days of receiving the City’s written decision, the Company may seek alternate dispute resolution pursuant to Section 9.6.
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Related to Procedure for Review of Liquidated Damages

  • 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.

  • 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.

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • PROCEDURE FOR TESTING A. Notification Form - Before requesting an employee to undergo drug or alcohol testing, the Employer shall provide the individual with a form on which to (1) acknowledge that the individual has seen a copy of the Employer's Drug and Alcohol Testing LOA, and (2) indicate consent to undergo the drug and alcohol testing.

  • 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:

  • ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.

  • Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the xxxxxxx or the Union.

  • 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 Benefits Modifications 1. Proposals for major retirement benefit modifications will be negotiated in joint meetings with the certified employee organizations whose memberships will be directly affected. Agreements reached between Management and organizations whereby a majority of the members in LACERS are affected shall be recommended to the City Council by the CAO as affecting the membership of all employees in LACERS. Such modifications need not be included in the MOU in order to be considered appropriately negotiated.

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