Reference to Courts Clause Samples
Reference to Courts. Any constitutional issue arising out of, or in respect to, this Agreement or the matters implemented or settled by this Agreement, and any dispute relating to the interpretation or administration of this Agreement or the use or administration of Trust Funds, other than for the use of Trust Funds for the payment of Claims as described in articles 5.0 and 6.0, shall be referred to court and not decided by a Claims Officer or an Appeal Claims Officer under articles 5.0 or 6.0. Name: Address: City/Town: Commercial Fishing Licence (if applicable): Commercial Trapping Licence No. (if applicable): Band Name and Number (if applicable): DETAILS OF CLAIM Date & Time of Injury/Loss/Damage: Activity at time of Injury/Loss/Damage: Cause of Injury/Loss/Damage: Compensation Claimed: Nature of Injury: Goods or Property Lost or Damaged: o General Description: o Make: o Model: o Serial No.: o Year Manufactured: o Year Purchased: o Purchase Price: o Location where Injury/Loss/Damage occurred (Attach Sketch or Map): o Names of Witnesses to Injury/Loss/Damage: Is the Claim covered by insurance in whole or in part: Yes? No? o If yes, give particulars: o If yes, has a claim been made under the insurance policy? Yes? No? o Give particulars: I hereby consent to my insurer releasing information about my insurance policy and insurance coverage relating to the injury/loss/damage that is the subject of my Claim to the Claims Officer who is responsible for assessing my Claim. (Signature of Claimant) (date)
Reference to Courts. If:
12.1. there is any dispute in respect of matters referred to in 44 (Change in Law), 66 (Compensation on Termination for Authority Default), 68 (Compensation on Termination for Contractor Default), 70 (Compensation on Termination for Force Majeure), 72 (Compensation on Corrupt Gifts and Fraud), 74 (Compensation on Voluntary Termination by the Authority), 76 (Compensation on Termination for Breach of the Refinancing Provisions) or paragraphs 2 and 3 (Authority and Contractor Changes) of Schedule 21 (Change Protocol);
12.2. either Party is dissatisfied with or otherwise wishes to challenge the Adjudicator’s decision made in accordance with paragraph 6 (Adjudicator’s Decision); or
12.3. both Parties agree, then either Party may (within twenty (20) Business Days of receipt of the Adjudicator’s decision, where appropriate), notify the other Party of its intention to refer the dispute to the courts.
