Procedure for Review of Liquidated Damages Sample Clauses

Procedure for Review of Liquidated Damages. TOWN Representative 2317 may assess liquidated damages pursuant to this Article on a monthly basis. At the end of each 2318 month during the term of this Agreement, the Town Representative shall issue a written notice 2319 to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis 2320 for each assessment. 2321 19.04.1 The assessment shall become final unless, within ten (10) calendar 2322 days of the date of the notice of assessment, CONTRACTOR provides a written request for a 2323 meeting with the TOWN Manager and TOWN Representative to present evidence that the 2324 assessment should not be made. 2325 19.04.2 The TOWN Representative shall schedule a meeting between 2326 CONTRACTOR and the TOWN Manager or the TOWN Manager’s designee as soon as 2327 reasonably possible after receipt of CONTRACTOR’S request for same. 2328 19.04.3 The TOWN Manager or the TOWN Manager’s designee shall review 2329 CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated 2330 damages as soon as reasonably possible after the meeting. Written notice of the decision shall 2331 be provided to CONTRACTOR. 2332 19.04.4 In the event CONTRACTOR does not submit a written request for a 2333 meeting within ten (10) calendar days of the date of the Notice of Assessment, the TOWN 2334 Representative’s determination shall be final and CONTRACTOR shall submit payment to 2335 TOWN no later than that tenth (10th) day. 2336 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2337 notification to CONTRACTOR, TOWN will deduct the liquidated damages from amounts 2338 otherwise due to CONTRACTOR. 2339 19.04.5 TOWN’S assessment or collection of liquidated damages shall not 2340 prevent TOWN from exercising any other right or remedy, including the right to terminate this 2341 Agreement, for CONTRACTOR’S failure to perform the work and services in the manner set 2342 forth in this Agreement. 2343 ARTICLE 20. Performance Review 2344 20.01 Selection and Cost. TOWN may conduct two (2) performance reviews 2345 (“reviews”) of CONTRACTOR’S performance, at any time during the term of this Agreement. 2346 For each performance review, CONTRACTOR will be responsible for a maximum cost of Sixty 2347 Thousand Dollars ($60,000.00) for each Performance Review and escalated annually by the 2348 percentage of annual rate increase. CONTRACTOR will reimburse TOWN thirty (30) days from 2349 TOWN submitting invoice or request to CONTRACTOR for reimbursement 2350 20...
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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. 11.4.1. The assessment 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 Town Manager and Town Representative to present evidence that the assessment should not be made. 11.4.2. The Town Representative shall schedule a meeting between FRANCHISEE and the Town Manager or the Manager’s designee as soon as reasonably possible after timely receipt of FRANCHISEE’S request for the same. 11.4.3. The Town Manager or the Manager’s designee shall review FRANCHISEE’S evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to FRANCHISEE. 11.4.4. In the event FRANCHISEE does not submit a written request for a meeting within ten (10) calendar days of the date of the Notice of Assessment, the Town Representative’s determination shall be final and FRANCHISEE shall submit payment to TOWN no later than that tenth (10th) day. 11.4.5. If monies are owed to FRANCHISEE, TOWN with notification to FRANCHISEE, will deduct the liquidated damages from amounts otherwise due to FRANCHISEE. 11.4.6. TOWN’S assessment or collection of liquidated damages shall not prevent TOWN from exercising any other right or remedy, including the right to terminate this AGREEMENT, for FRANCHISEE’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. The City Representative may 832 assess Liquidated Damages pursuant to this Article 11 on a monthly basis. At the end of each 833 month during the term of this AGREEMENT, the City Representative shall issue a written notice 834 to FRANCHISEE (“Notice of Assessment”) of the liquidated damages assessed and the basis for 835 each assessment.
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Procedure for Review of Liquidated Damages. The City Representative may 771 assess liquidated damages pursuant to this Article 11 on a monthly basis. At the end of each 772 month during the term of this Agreement, the City Representative shall issue a written notice to 773 CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis for 774 each assessment. 775 11.4.1. The assessment shall become final unless, within ten (10) calendar days 776 of the date of the notice of assessment, CONTRACTOR provides a written request to present 777 evidence that the assessment should not be made. 778 11.4.2. The City Representative shall schedule a meeting between 779 CONTRACTOR and the City Public Works Director as soon as reasonably possible after timely 780 receipt of CONTRACTOR’S request.
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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 liquidated damages are applicable, the City Representative shall issue a written notice to CONTRACTOR (“Notice of Nonperformance”) that lists the liquidated damages associated with the nonperformance, and the nature of the nonperformance. 18.3.1 The liquidated damages shall become final unless, within ten (10) calendar days of the date of the Notice of Nonperformance, CONTRACTOR provides a written request for a meeting with the Director to present evidence that the liquidated damages should not be applied. 18.3.2 The City Representative shall schedule a meeting between CONTRACTOR and the Director or the Director’s designee as soon as reasonably possible after timely receipt of CONTRACTOR’s request. 18.3.3 The Director or the Director’s designee shall review CONTRACTOR’s evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to CONTRACTOR. 18.3.4 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 Nonperformance, the City Representative’s determination shall be final and CITY may deduct the liquidated damages from amounts otherwise due to CONTRACTOR. 18.3.5 CITY’s collection of liquidated damages shall 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. 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. 5 16.3.1 The liquidated damages shall become final unless, within ten (10) 6 calendar days of the date of the Notice of Nonperformance, CONTRACTOR 7 provides a written request for a meeting with the Director of Environmental 8 Services (“Director”) to present evidence that the liquidated damages should not 9 be applied. 10 16.3.2 The City Representative shall schedule a meeting between 11 CONTRACTOR and the Director or the Director’s designee as soon as 12 reasonably possible after timely receipt of XXXXXXXXXX’s request. 13 16.3.3 The Director or the Director’s designee shall review 14 CONTRACTOR’s evidence and render a decision sustaining or reversing the 1 liquidated damages as soon as reasonably possible after the meeting. Written
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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. 30.5.1 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 City Manager to present evidence that the assessment should not be made. 30.5.2 The City Representative shall schedule a meeting between Contractor and the City Manager or the Manager’s designee as soon as reasonably possible after timely receipt of Contractor’s request. 30.5.3 The City Manager or the Manager’s designee shall review Contractor’s evidence and render a decision sustaining or reversing the liquidated damages as soon as reasonably possible after the meeting. Written notice of the decision shall be provided to Contractor. 30.5.4 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 City Representative’s determination shall be final and Contractor shall submit payment to City no later than that tenth (10th) day 30.5.5 City’s assessment or collection of liquidated damages shall 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. 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.

  • Procedure for Third Party Claims The obligations and liabilities of each Party with respect to Third-Party Claims shall be subject to the following terms and conditions: (i) Promptly upon receiving a written notice of a Third-Party Claim, the Indemnifying Party may elect, at its sole option, to undertake the defense thereof by outside counsel of its own choosing, which outside counsel shall be reasonably satisfactory to the Indemnified Party, by sending written notice of its election to the Indemnified Party; provided however, that if, in the Indemnified Party’s and the Indemnifying Party’s reasonable judgment, a conflict of interest exists between the Indemnified Party and the Indemnifying Party with respect to such Third-Party Claim, or if the Indemnifying Party elects not to defend or otherwise does not promptly defend such Third-Party Claim, such Indemnified Party shall be entitled to undertake the defense of, and to compromise or settle, such Third-Party Claim on behalf, for the account, and at the risk of the Indemnifying Party, to the extent that the Indemnifying Party is determined to be obligated to indemnify the Indemnified Party under this Agreement with respect to such Third-Party Claim. The written notice of the Third-Party Claim shall contain all material information known to the Indemnified Party with respect to such Third-Party Claim and shall include copies of materials submitted to Indemnified Party by the Third-Party with respect to such Third-Party Claim. (ii) If the Indemnifying Party elects to undertake and diligently pursue the defense of a Third-Party Claim hereunder, the Indemnifying Party shall control all aspects of the defense and settlement of such Third-Party Claim and may settle, compromise or enter into a judgment with respect to such Third-Party Claim; provided that the Indemnifying Party shall not enter into any such settlement, compromise or judgment without the prior written consent of the Indemnified Party if such settlement, compromise or judgment would result in the imposition of any non-monetary liability or obligation on the Indemnified Party. If the Indemnifying Party assumes control of the defense under this Article 9, the Indemnified Party shall fully cooperate with the Indemnifying Party in connection therewith and may employ, at any time, a separate outside counsel to represent it; provided however, that the Indemnified Party shall be solely responsible for the costs and expenses of any such separate outside counsel. If the Indemnified Party undertakes the defense of a Third-Party Claim hereunder, the Indemnified Party shall not settle, compromise, or enter into any judgment with respect to such Third-Party Claim for which it is seeking or shall seek indemnification hereunder without the prior written consent of Indemnifying Party, which written consent shall not be unreasonably withheld, conditioned or delayed. (iii) The Indemnified Party shall provide the Indemnifying Party with access to all reasonably requested records and documents of the Indemnified Party relating to any Third-Party Claim, other than documents for which the Indemnified Party has claimed or shall claim a legal privilege.

  • 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.

  • Procedure for Offer Subject to the terms hereof, Landlord shall notify Tenant (the “First Offer Notice”) prior to entering into any lease with a third party for the First Offer Space, which notice shall outline the base rent, allowance amounts if any, length of term, and other economic terms on which Landlord would be willing to lease the First Offer Space (as set forth in such proposal) to Tenant (the “Fundamental Terms”). Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the applicable First Offer Space on the Fundamental Terms.

  • 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. 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 Advance Payment of Expenses Indemnitee shall submit to the Company a written request specifying the Indemnifiable Expenses for which Indemnitee seeks an advancement under Section 8 of this Agreement, together with documentation evidencing that Indemnitee has incurred such Indemnifiable Expenses. Payment of Indemnifiable Expenses under Section 8 shall be made no later than ten (10) calendar days after the Company’s receipt of such request.

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