Procedure When No Mutual Agreement Sample Clauses

Procedure When No Mutual Agreement. If at any time the Partners are unable to agree upon which Market should be designated as a Qualified Market to cause the number of Qualified Markets to equal the Minimum Number, then an additional Market shall be designated as a Qualified Market in accordance with the following provisions: (1) If no Market has been previously designated as a Qualified Market pursuant to the procedure described in this clause (e), then Pace shall designate a Market as a Qualified Market by providing written notice thereof to Sony/Block and such Market shall thereafter be a Qualified Market for all purposes hereof. (2) If a Market has been previously designated as a Qualified Market pursuant to the procedure described in this clause (e), then the Partner which did not designate the last Qualified Market which was so designated pursuant to the provisions of this clause (e) shall have the right to designate the additional Qualified Market by providing written notice thereof to the other Partner and such Market shall thereafter be a Qualified Market for all purposes hereof; however, if a Partner holds the right to designate an additional Qualified Market pursuant to this clause (2) at a time when there are less Qualified Markets than the Minimum Number, then the other Partner may provide written notice to the first Partner requesting that such Partner designate an additional Qualified Market within thirty days after the receipt of such notice and, if an additional Qualified Market is not designated as a Qualified Market within such thirty day period by such Partner, then the other Partner Article X - Management of Partnership Affairs Page 120 shall have the right, at any time thereafter, to designate the additional Qualified Market by providing written notice thereof to the first Partner.
Sample 1
AutoNDA by SimpleDocs
Procedure When No Mutual Agreement. If the Partners are unable to agree upon the selection and designation of the Manager as required by the provisions of clause (b) of this Section 11.3, then the following provisions shall provide the method by which the successor Manager will be designated, selected and retained by the Partnership: (1) If no successor Manager has been previously selected pursuant to the procedure described in this clause (c), then Pace shall designate, select and retain, upon terms acceptable to Pace, the successor Manager by providing written notice thereof to Sony/Block, and such successor Manager shall thereafter be, subject to the provisions of Section 11.3(d) hereof, the Manager for all purposes hereof. (2) If a successor Manager has been previously designated pursuant to the procedure described in this clause (c), then the Partner which did not designate the last successor Manager pursuant to the provisions of this clause (c), shall have the right to designate, select and retain, upon terms acceptable to such Partner, the successor Manager by providing written notice thereof to the other Partner, and such successor Manager shall thereafter be, subject to the provisions of Section 11.3(d) hereof, the Manager for all purposes hereof. So long as the successor Manager which has been designated by a Partner pursuant to the procedure described in this clause (c) has met the Minimum Economic Standards described in Section 11.4 hereof, such Partner's right to designate, select and retain the successor Manager shall include the right to designate subsequent successor Managers following the resignation or termination of any Manager. It shall be expressly permitted for a successor Manager designated, selected and retained by a Partner pursuant to the procedure described in this clause (c) to be an Affiliate of that Partner; provided, however, if Pace should ever designate, select and retain Pace or an Affiliate of Pace as the Manager pursuant to the procedure described in this clause (c), then Sony/Block shall have the right to terminate Pace (or its Affiliate) as the Manager of the Partnership pursuant to the provisions of Section 10.8 hereof at any time after the fourth anniversary of the designation, selection and retention of Pace (or an Affiliate of Pace) as the Manager pursuant to the procedure described in this clause (c) notwithstanding the fact that Sony/Block has previously exercised such right pursuant to the provisions thereof.
Sample 1

Related to Procedure When No Mutual Agreement

  • By Mutual Agreement This Agreement may be terminated by mutual agreement of the parties.

  • Mutual Agreement This Agreement may be terminated at any time by mutual written agreement of the parties.

  • MUTUAL AGREEMENT PROCEDURE 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article.

  • Mutual Agreements No Nurse shall be required or permitted to make any written or verbal agreement with the Employer, its representatives or immediate management supervisors, which is contrary to the terms of this Collective Agreement. This will not prevent a Nurse from making a temporary arrangement with the Employer, its representatives or immediate supervisors, when such an arrangement does not affect other Nurses in the Bargaining Unit.

  • Termination by Mutual Agreement This Contract may be terminated by mutual written agreement of the Parties.

  • CONTRACTUAL AGREEMENT This Invitation for Bids shall be included and incorporated in the final contract or purchase order. The order of contract precedence will be the contract (purchase order), bid document, and response. Any and all legal actions associated with this Invitation for Bids and/or the resultant contract (purchase order) shall be governed by the laws of the State of Florida. Venue for any litigation involving this contract shall be the Ninth Circuit Court in and for Orange County, Florida.

  • Termination by Mutual Agreement of the Parties Executive’s employment with the Company may be terminated at any time upon a mutual agreement in writing of the Parties. Any such termination of employment shall have the consequences specified in such agreement.

  • Individual Agreement The Employer agrees not to enter into any agreement or contract with the employees covered by this Agreement individually or collectively which in any way conflicts with the terms and provisions of this Agreement.

  • Mutual Aid When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY. In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.

  • Mutual Agreement to Arbitrate a. Except as provided in Section 11.b., in the event of a dispute or claim between Executive and Employer related to Executive’s employment or termination of employment, all such disputes or claims will be resolved exclusively by confidential arbitration in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”). This means that the parties agree to waive their rights to have such disputes or claims decided in court by a jury. Instead, such disputes or claims will be resolved by an impartial AAA arbitrator whose decision will be final. b. The only disputes or claims that are not subject to arbitration are any claims by Executive for workers’ compensation or unemployment benefits, and any claim by Executive for benefits under an employee benefit plan that provides its own arbitration procedure. Also, Executive and Employer may seek equitable relief (such as an injunction or declaratory relief) in court in appropriate circumstances. Specifically, Executive recognizes that Employer does not have an adequate remedy at law to protect its business from Executive’s breach of Sections 7, 8, or 9 of this Agreement, and therefore Employer shall be entitled to bring an action for a temporary restraining order and preliminary injunctive relief pre-arbitration, in the event of any actual or threatened breach by Executive of Sections 7, 8, or 9. In such court proceeding, Employer shall not be required to post a bond or other security, and Employer may also be awarded actual damages caused by Executive’s breach of Sections 7, 8, or 9 of this Agreement as well as repayment of all or a portion of any severance that Employer previously paid to Executive. c. Except as provided by section 11.b., the arbitration procedure will afford Executive and Employer the full range of legal, equitable, and/or statutory remedies. Employer will pay all costs that are unique to arbitration, except that the party who initiates arbitration will pay the filing fee charged by AAA. Executive and Employer shall be entitled to discovery sufficient to adequately arbitrate their claims, including access to essential documents and witnesses, as determined by the arbitrator and subject to limited judicial review. In order for any judicial review of the arbitrator’s decision to be successfully accomplished, the arbitrator will issue a written decision that will decide all issues submitted and will reveal the essential findings and conclusions on which the award is based.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!