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Common use of Process for Paying Legal Expenses Clause in Contracts

Process for Paying Legal Expenses. It is recognized that the Association assists its members in arranging for legal counsel when counsel is required in the situations noted in Sections 12, 13 and 14. The City is required to reimburse the Association the reasonable expenses as noted in Sections 12, 13 and 14 after its review of the accounts and conclusion about the reasonableness of a particular legal xxxx subject to the limitations on payments under Section 15. 1. So that the City may assess whether particular costs, expenses and legal fees are reasonable, a member using outside legal counsel will provide the City with a copy of written instructions to that counsel to answer all reasonable questions the City has with respect to an account rendered for which the member seeks payment from the City. The member and/or the Association shall answer any such reasonable questions put to them in that regard. 2. The Association may pay, at its discretion, legal fees on behalf of the members facing circumstances noted in Sections 12, 13 and/or 14. 3. At the end of each calendar year, the Association will account to the City for all fees, costs and/or expenses paid by the Association in that year pursuant to Sections 12, 13 and/or 14. 4. The Association will forward a copy of the detailed invoice for fees, costs and/or expenses to the City. 5. The City will review the fees, costs and expenses claimed to determine whether they are reasonable within the meaning of Section 15 or payable under the provisions of this Article. Where the City takes the position that the fees are not reasonable or payable within the meaning of Section 15, it shall notify the Association, and any such fees shall be deducted from any subsequent payment owing to the Association until paid in full. 6. The Association reserves its right to grieve a finding by the City that a fee/cost and/or expense were not reasonable. In addition, so long as the Law Society of Manitoba operates a fee dispute resolution process, the parties may submit to that process rather than follow the grievance procedure herein. In such a case, the member and the Association will execute any documents allowing the City to stand in the shoes of the client of the legal fees, costs and/or expenses.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Process for Paying Legal Expenses. It is recognized that the Association assists its members in arranging for legal counsel when counsel is required in the situations noted in Sections 129, 13 10 and 1411. The City is required to reimburse the Association the reasonable expenses as noted in Sections 1210, 13 11 and 14 12 after its review of the accounts and conclusion about the reasonableness of a particular legal xxxx subject to the limitations on payments under Section 1512. 1. a) So that the City may assess whether particular costs, expenses and legal fees are reasonable, a member using outside legal counsel will provide the City with a copy of written instructions to that counsel to answer all reasonable questions the City has with respect to an account rendered for which the member seeks payment from the City. The member and/or the Association shall answer any such reasonable questions put to them in that regard. 2. b) The City will pay to the Association by April 1st of a given calendar year an amount equal to forty percent (40%) of the average of approved legal fees under Sections 9 through 12 for the previous three (3) years. c) The Association may pay, at its discretion, legal fees on behalf of the members facing circumstances noted in Sections 129, 13 10 and/or 1411. 3. d) At the end of each calendar year, the Association will account to the City for all fees, costs and/or expenses paid by the Association in that year pursuant to Sections 129, 13 10 and/or 1411. 4. e) The Association will forward a copy of the detailed invoice for fees, costs and/or expenses to the City. 5. f) The City will review the fees, costs and expenses claimed to determine whether they are reasonable within the meaning of Section 15 12 or payable under the provisions of this Article. Where the City takes the position that the fees are not reasonable or payable within the meaning of Section 1512, it shall notify the Association, and any such fees shall be deducted from any subsequent payment owing to the Association until paid in full. 6. g) The Association reserves its right to grieve a finding by the City that a fee/cost and/or expense were not reasonable. In addition, so long as the Law Society of Manitoba operates a fee dispute resolution process, the parties may submit to that process rather than follow the grievance procedure herein. In such a case, the member and the Association will execute any documents allowing the City to stand in the shoes of the client of the legal fees, costs and/or expenses.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Process for Paying Legal Expenses. It is recognized that the Association assists its members in arranging for legal counsel when counsel is required in the situations noted in Sections 129, 13 10 and 1411. The City is required to reimburse the Association the reasonable expenses as noted in Sections 1210, 13 11 and 14 12 after its review of the accounts and conclusion about the reasonableness of a particular legal xxxx bill subject to the limitations on payments under Section 1512. 1. a) So that the City may assess whether particular costs, expenses and legal fees are reasonable, a member using outside legal counsel will provide the City with a copy of written instructions to that counsel to answer all reasonable questions the City has with respect to an account rendered for which the member seeks payment from the City. The member and/or the Association shall answer any such reasonable questions put to them in that regard. 2. b) The City will pay to the Association by April 1st of a given calendar year an amount equal to forty percent (40%) of the average of approved legal fees under Sections 9 through 12 for the previous three (3) years. c) The Association may pay, at its discretion, legal fees on behalf of the members facing circumstances noted in Sections 129, 13 10 and/or 1411. 3. d) At the end of each calendar year, the Association will account to the City for all fees, costs and/or expenses paid by the Association in that year pursuant to Sections 129, 13 10 and/or 1411. 4. e) The Association will forward a copy of the detailed invoice for fees, costs and/or expenses to the City. 5. f) The City will review the fees, costs and expenses claimed to determine whether they are reasonable within the meaning of Section 15 12 or payable under the provisions of this Article. Where the City takes the position that the fees are not reasonable or payable within the meaning of Section 1512, it shall notify the Association, and any such fees shall be deducted from any subsequent payment owing to the Association until paid in full. 6. g) The Association reserves its right to grieve a finding by the City that a fee/cost and/or expense were not reasonable. In addition, so long as the Law Society of Manitoba operates a fee dispute resolution process, the parties may submit to that process rather than follow the grievance procedure herein. In such a case, the member and the Association will execute any documents allowing the City to stand in the shoes of the client of the legal fees, costs and/or expenses.

Appears in 1 contract

Samples: Collective Agreement