Procedures for Dispute Resolution Sample Clauses

Procedures for Dispute Resolution. If the parties have any dispute with regard to the results of KPMG, the dispute shall be resolved in the following manner: (i) during the 30 days after receipt of KPMG's report, each party shall in good faith attempt to resolve any disputes with respect to KPMG's report; (ii) if such dispute(s) cannot be resolved within 30 days, the party contesting KPMG's report (if contested, the "DISPUTED DETERMINATION") shall notify the other party in writing on the last day of such time period, which notice shall specify in reasonable detail the nature of the dispute including, (i) the disputed term or calculation, (ii) the basis for the dispute with respect to each term or such calculation, and (iii) the adjustments sought with respect to each such term or calculation and each such dispute; (iii) if, at the end of the 30-day period specified in subsection (i) above, the parties shall have failed to reach a written accord with respect to the Disputed Determination, the disputed issues shall be arbitrated by the Referee, in accordance with the arbitration procedures set forth on EXHIBIT 2.10(C)(III) hereto. The Referee shall act as an expert to determine, based solely on the presentations by the parties, and not by independent review, only those items or calculations in dispute. The parties acknowledge that in submitting disputed items to the Referee, neither party shall be entitled to present items not disputed in the notice of dispute delivered in accordance with Section 2.10(c)(ii). The determination of the Referee with respect to those items in dispute, which shall be made within 30 days of its selection, shall be set forth in a written statement delivered to Crompton and GE, together with the determinations of the parties with respect to those items accepted by the parties (not otherwise affected by this Section 5.22(d)(iv)) or otherwise resolved between Crompton and GE, and shall become the "FINAL DETERMINATION." The decision of the Referee in accordance with the provisions hereof shall be final and binding, and there shall be no right of appeal therefrom except in the event of any fraud or material misrepresentation to the Referee. Each party shall bear the costs, fees and expenses of its own accountants and the costs, fees and expenses of or related to the Referee shall be borne equally, one-half by Crompton and one-half by GE.
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Procedures for Dispute Resolution. The designated liaison for the State VR agency and the EN will make every effort to informally resolve any disputes arising out of this agreement within 30 days of notification of the dispute. If the liaisons cannot resolve the dispute, it will be referred to (a VR Grants and Contracts person) and the Executive Director (or CEO) of the EN for resolution within 30 days of notification. Any dispute concerning implementation of the provisions of this agreement that has not been resolved through these processes will be referred to the Commissioner/Director of the SVRA for resolution within 30 days of notification. Before rendering a decision with respect to any disputed matter, the Commissioner or his/her designee shall provide the parties with a full and fair opportunity to set forth their positions regarding the matter in dispute and an opportunity to be heard and to offer evidence in support of their positions. Should these informal dispute resolution processes fail to satisfactorily resolve the dispute, either party may seek resolution through OSM in accordance with the procedures delineated in 20 CFR Section 411.435(c). If either the EN or the State VR agency does not agree with OSM’s recommended resolution to the dispute, the EN or the State VR agency may request a decision by Social Security on the matter in dispute. Similar to the Rehabilitation Act of 1973 as amended, the Ticket to Work and Work Incentives Improvement Act of 1999 made the informed choice of beneficiaries a cornerstone of the Ticket program. The choice of the beneficiary regarding Ticket assignment is the deciding factor, regardless of referral procedures that exists in this agreement between the State VR agency and the EN that is party to this agreement. Services provided or paid for by the State VR agency entitle the beneficiary to all of the protections available through the Rehabilitation Act of 1973, as amended, including access to assistance available through the Client Assistance Program (CAP). If the Ticket Holder has a dispute with the EN regarding the services being provided under the beneficiary’s IWP, the EN shall follow the EN’s administrative processes as appropriate. If the dispute cannot be resolved through the EN’s administrative processes, the beneficiary shall be referred to the Protection and Advocacy for Beneficiaries of Social Security (PABSS) program for assistance in resolving the dispute. Nothing in this agreement will impact a Ticket Holder’s rights and respon...
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Procedures for Dispute Resolution. 2.1.1 In the event of a dispute about a matter arising under this Agreement or the National Employment Standards the dispute shall be dealt with in accordance with the following procedure: (a) The matter shall first be discussed between the employee affected and the appropriate supervisor. (b) If the matter remains unresolved, the matter shall be discussed between the employee and a more senior manager. (c) If the matter remains unresolved, the matter shall be discussed between the employee and an appropriate representative of the employer (for example, a Human Resources officer). (d) If the matter remains unresolved after (a) – (c) have been exhausted, either the employer or employee(s) may seek the assistance of the Fair Work Commission (‘FWC’), for resolution of the dispute using conciliation. If the matter remains unresolved after conciliation, a party to the dispute may refer the dispute to the FWC for arbitration. (e) The decision of the FWC member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. (f) A party to the dispute may appoint another person, organisation or association to accompany or represent them at any stage of the dispute. 2.1.2 Employees must, while the dispute is being resolved: (a) continue to work in accordance with their contract of employment, unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and (b) comply with any reasonable direction given by the employer to perform other available work, either at the same workplace or at another workplace. 2.1.3 In directing an employee to perform other available work, the employer must have regard to: (a) the provisions (if any) of the law of the Commonwealth or of a State or Territory dealing with occupational health and safety that apply to that employee or that other work; and (b) whether that work is appropriate for the employee to perform (eg. they have been trained to perform the functions of the other available work). 2.1.4 This dispute resolution procedure will not apply to the dismissal of any employee.
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Procedures for Dispute Resolution. Disputes arising from or relating to the contract shall be settled through friendly consultations; if consensus can not be reached, either party has the right to files suit in the district court.
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Procedures for Dispute Resolution. (a) The basis of this procedure is that all matters affecting employment should as far as possible be resolved at the Workplace level and without interruption to work. At all stages during this process, an employee is entitled to have another employee or an employee representative present during the discussions (b) Disputes between a supervisor or a representative of Xxxxxxxxx and an employee or a group of employees should be referred to the Supervisor or equivalent by either the employee/employees(or their representative, which may include the Transport Workers’ Union) or the supervisor/Armaguard representative. The Supervisor or equivalent will maintain a record of matters discussed. (c) If not settled, the matter shall then be discussed by the affected employee or employees and the Branch Manager. (d) In the event that the matter cannot be resolved at Branch level the following procedures shall then apply:- • The Branch Manager will brief the appropriate Human Resources Manager along with a written submission by the employee and their supervisor. • The Human Resources Manager will then consult the appropriate parties to decide the issue and issue a directive in writing. 1. If the matter is not resolved by following the procedure set above under paragraphs (a) to (d), either party may refer the matter to the Australian Industrial Relations Commission for conciliation. 2. If conciliation is unsuccessful, then, provided that all the above steps have been exhausted, that the matter does not constitute an extra claim in the terms envisaged by clause 34, no extra claims, herein, and provided no industrial action is threatened, impending or probable, the AIRC will, at the election of either party, arbitrate in relation to the issue." (f) The parties may choose to engage external representation in matters appearing before the Australian Industrial Relations Commission or other external bodies.
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Procedures for Dispute Resolution. Any dispute, controversy or claim (a "Dispute") between any parties hereto arising out of or relating to this Agreement shall be resolved in accordance with the procedures described in this Article XI. The parties hereto agree to establish an internal hierarchy to facilitate resolution of these issues as set forth below.
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Procedures for Dispute Resolution. If the Controlling Shareholders do not agree with the amounts set forth on the Final Balance Sheet, the Controlling Shareholders shall promptly so notify SEEC. Should the Controlling Shareholders and SEEC be unable to reach agreement on the Final Balance Sheet, the disputed amounts shall be determined by arbitration as described in Section 10.3.2
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Procedures for Dispute Resolution. 7.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter is outlined in APPENDIX A of this Agreement.
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Procedures for Dispute Resolution 
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Related to Procedures for Dispute Resolution

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute. (b) If the Receiver and the Assuming Institution fail to resolve any outstanding SF Shared-Loss Dispute Items by the Resolution Deadline Date, then either party may notify the other of its intent to submit the SF Shared-Loss Dispute Item to arbitration pursuant to the provisions of this Article VII. Failure of either party to submit pursuant to paragraph (c) hereof any unresolved SF Shared-Loss Dispute Item to arbitration within thirty (30) days following the Resolution Deadline Date (the date on which such thirty (30) day period expires is herein called the “Arbitration Deadline Date”) shall extinguish that party’s right to submit the non-submitted SF Shared-Loss Dispute Item to arbitration, and constitute a waiver of the submitting party’s right to dispute such non-submitted SF Shared-Loss Dispute Item (but not a waiver of any similar claim which may arise in the future). (c) If a SF Shared-Loss Dispute Item is submitted to arbitration, it shall be governed by the rules of the American Arbitration Association (the “AAA”), except as otherwise provided herein. Either party may submit a matter for arbitration by delivering a notice, prior to the Arbitration Deadline Date, to the other party in writing setting forth: (i) A brief description of each SF Shared-Loss Dispute Item submitted for arbitration; (ii) A statement of the moving party’s position with respect to each SF Shared-Loss Dispute Item submitted for arbitration; (iii) The value sought by the moving party, or other relief requested regarding each SF Shared-Loss Dispute Item submitted for arbitration, to the extent reasonably calculable; and (iv) The name and address of the arbiter selected by the moving party (the “Moving Arbiter”), who shall be a neutral, as determined by the AAA. Failure to adequately include any information above shall not be deemed to be a waiver of the parties right to arbitrate so long as after notification of such failure the moving party cures such failure as promptly as reasonably practicable. (d) The non-moving party shall, within thirty (30) days following receipt of a notice of arbitration pursuant to this Section 7.1, deliver a notice to the moving party setting forth: (i) The name and address of the arbiter selected by the non-moving party (the “Respondent Arbiter”), who shall be a neutral, as determined by the AAA; (ii) A statement of the position of the respondent with respect to each Dispute Item; and (iii) The ultimate resolution sought by the respondent or other relief, if any, the respondent deems is due the moving party with respect to each SF Shared-Loss Dispute Item. Failure to adequately include any information above shall not be deemed to be a waiver of the non-moving party’s right to defend such arbitration so long as after notification of such failure the non-moving party cures such failure as promptly as reasonably practicable (e) The Moving Arbiter and Respondent Arbiter shall select a third arbiter from a list furnished by the AAA. In accordance with the rules of the AAA, the three (3) arbiters shall constitute the arbitration panel for resolution of each SF Loss-Share Dispute Item. The concurrence of any two (2) arbiters shall be deemed to be the decision of the arbiters for all purposes hereunder. The arbitration shall proceed on such time schedule and in accordance with the Rules of Commercial Arbitration of the AAA then in effect, as modified by this Section 7.1. The arbitration proceedings shall take place at such location as the parties thereto may mutually agree, but if they cannot agree, then they will take place at the offices of the Corporation in Washington, DC, or Arlington, Virginia. (f) The Receiver and Assuming Institution shall facilitate the resolution of each outstanding SF Shared-Loss Dispute Item by making available in a prompt and timely manner to one another and to the arbiters for examination and copying, as appropriate, all documents, books, and records under their respective control and that would be discoverable under the Federal Rules of Civil Procedure.

  • Governing Law; Dispute Resolution (a) This Limited Guarantee shall be interpreted, construed and governed by and in accordance with the Laws of the State of New York without regard to the conflicts of law principles thereof that would subject such matter to the Laws of another jurisdiction other than the State of New York. (b) Any disputes, actions and proceedings against any party or arising out of or in any way relating to this Limited Guarantee shall be submitted to the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Arbitration Rules of HKIAC in force at the relevant time (the “Rules”) and as may be amended by this Section 10(b). The place of arbitration shall be Hong Kong. The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”). The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be nominated jointly by the first two Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate or agree on the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the Rules, such Arbitrator shall be appointed promptly by the HKIAC. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any party to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum. (c) Notwithstanding the foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in Section 10(b), any party may, to the extent permitted under the Laws of the jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the Laws of the State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Section 10(c) is only applicable to the seeking of interim injunctions and does not restrict the application of Section 10(b) in any way.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • Dispute Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

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