Rehearing and Judicial Review Sample Clauses

Rehearing and Judicial Review. 4. The provisions of this Agreement are not severable and this Agreement is made with the understanding that each term is in consideration and support of every other term and is a necessary part of the entire Agreement. In the event that FERC issues a new license with modifications or issues a new license with terms or conditions that are materially inconsistent with the Agreement, the Agreement shall, except as provided in Paragraph 5, be considered modified to conform to the terms of the new license unless any of the Parties advises the other Parties in writing, within 30 days after the issuance of such license, of its objection to the modification, change or condition. The Parties shall then immediately commence negotiations for a period not to exceed 90 days to resolve the issue(s) and modify the Agreement as needed. If agreement cannot be reached within the 90 day period or any extended period to which the negotiating Parties may agree, an objecting Party other than Avista may, by notice to all the other Parties, either withdraw from the Agreement or elect not to be bound by the modification, change or condition except to the extent the Party is otherwise subject to the jurisdiction of the FERC with respect to that modification, change or condition. The foregoing shall not preclude any Party from seeking rehearing or judicial review with respect to the modification, change or condition and the time period within which the parties must attempt to negotiate a resolution of the issue(s) may, at the option of the objecting Party, be tolled pending the disposition of the rehearing request and, if applicable, a petition for judicial review.
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Rehearing and Judicial Review. 5.1 The Parties respectfully request that FERC adopt the Proposed License Articles without material modification or omission. Each term, including Appendices A and B, is in consideration of each other term. Such modification may materially alter the bargained-for benefits of one or more Parties, resulting in their withdrawal or, in the worst case, the termination of the Settlement Agreement. If FERC issues a New License that contains an article, omits a Proposed License Article, or otherwise takes action that is materially inconsistent with the terms of this Settlement Agreement, the Settlement Agreement shall be deemed modified to conform to the New License, only if no Party objects thereto within the time allowed for rehearing. Absent such objection, the Parties will be bound by the terms of this Settlement Agreement as modified and such terms shall be enforceable as described in Section 2.6 of this Settlement Agreement.
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Rehearing and Judicial Review. The Parties agree not to file a request with FERC for rehearing of the New License concerning the Modified Prescription unless: (i) the New License contains conditions which are materially inconsistent with the terms of this Agreement; or (ii) the New License contains fish passage conditions for American eel that are materially additive to the terms of the Agreement. In the event a Party decides to file a request for rehearing in accordance with the terms of this provision, it will provide the other Party written notice of its intention to file a request for rehearing at the earliest practicable time. Any Party, following the issuance of a FERC order on rehearing, may elect to file a petition for judicial review with respect to the matters covered by this provision, and the other Party will not oppose such petition.
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Related to Rehearing and Judicial Review

  • Judicial Review Any determination made by NYSERDA pursuant to this Exhibit that prevents the commencement of the time in which interest will be paid is subject to judicial review in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules. Such proceedings shall only be commenced upon completion of the review procedure specified in Section 504.9 of this Exhibit or any other review procedure that may be specified in this Agreement or by other law, rule, or regulation.

  • Final Approval Order and Judgment 68. Plaintiff’s Motion for Preliminary Approval of the Settlement will include a request to the Court for a scheduled date on which the Final Approval Hearing will occur. Plaintiff shall file her Motion for Final Approval of the Settlement, and application for attorneys’ fees, costs, and expenses and for Service Award for the Class Representative, no later than 45 days before the Final Approval Hearing. At the Final Approval Hearing, the Court will hear argument on Plaintiff’s Motion for Final Approval of the Settlement, and on Class Counsel’s application for attorneys’ fees, costs, and expenses, and for the Service Award for the Class Representative. In the Court’s discretion, the Court also will hear argument at the Final Approval Hearing from any Settlement Class Members (or their counsel) who object to the Settlement or to Class Counsel’s application for attorneys’ fees, costs, expenses, or the Service Award application, provided the objector(s) submitted timely objections that meet all of the requirements listed in the Agreement.

  • LAW APPLICABLE AND COMPETENT COURT 6.1 The Agreement is governed by [insert the national law of the NA].

  • Hearing Decision The decision of the Board shall be in writing and shall contain findings of fact and the personnel action approved, if any. The findings may reiterate the language of the pleadings or simply refer to them. The decision of the Board shall be certified to the Superintendent or designee who recommended the personnel action, and he/she shall enforce and follow this decision. A copy of the decision shall be delivered to the appellant or his/her designated representative personally or by registered mail. The decision of the Board shall be final.

  • Dispute Resolution and Venue Any disputes relating to the Manufacturer XXXX and to this Rider shall be resolved in accordance with the FAR, and the Contract Disputes Act, 41 U.S.C. §§ 7101-7109. The Ordering Activity expressly acknowledges that Carahsoft, on behalf of the Manufacturer, shall have standing to bring such claim under the Contract Disputes Act.

  • Hearing Aids Any active employee who is insured under any one of the 9 District sponsored medical plans may request reimbursement for the costs of 10 hearing aids. The maximum amount of reimbursement shall not exceed one 11 thousand dollars ($1,000) within any three (3) year period. The cost of 12 hardware, fitting tests, and other tests related to the hearing aids purchased 13 shall be included for reimbursement purposes. 14

  • Judicial Reference (1) Other than (a) nonjudicial foreclosure and all matters in connection therewith regarding security interests in real or personal property; or (b) the appointment of a receiver, or the exercise of other provisional remedies (any and all of which may be initiated pursuant to applicable law), each controversy, dispute or claim between the parties arising out of or relating to this Loan Agreement or the other Loan Documents, which controversy, dispute or claim is not settled in writing within thirty (30) days after the "Claim Date" (defined as the date on which a party subject to this Loan Agreement gives written notice to all other parties that a controversy, dispute or claim exists), will be settled by a reference proceeding in California in accordance with the provisions of Section 638 et seq. of the California Code of Civil Procedure, or their successor section ("CCP"), which shall constitute the exclusive remedy for the settlement of any controversy, dispute or claim concerning this Loan Agreement, including whether such controversy, dispute or claim is subject to the reference proceeding and except as set forth above, the parties waive their rights to initiate any legal proceedings against each other in any court or jurisdiction other than the Superior Court in the County where the real property, if any, is located or Santa Xxxxx County, if none (the "Court"). The referee shall be a retired Judge of the Court selected by mutual agreement of the parties, and if they cannot so agree within forty-five (45) days after the Claim Date, the referee shall be promptly selected by the Presiding Judge of the Court (or his/her representative). The referee shall be appointed to sit as a temporary judge, with all of the powers for a temporary judge, as authorized by law, and upon selection should take and subscribe to the oath of office as provided for in Rule 244 of the California Rules of Court (or any subsequently enacted Rule). Each party shall have one peremptory challenge pursuant to CCP (S) 170.6. The referee shall (x) be requested to set the matter for hearing within sixty (60) days after the date of selection of the referee and (y) try any and all issues of law or fact and report a statement of decision upon them, if possible, within ninety (90) days of the Claim Date. Any decision rendered by the referee will be final, binding and conclusive and judgement shall be entered pursuant to CCP (S) 644 in any court in the State of California having jurisdiction. Any party may apply for a reference proceeding at any time after thirty (30) days following notice to any other party of the nature of the controversy, dispute or claim, by filing a petition for a hearing and/or trial. All discovery permitted by this Loan Agreement shall be completed no later than fifteen (15) days before the first hearing date established by the referee. The referee may extend such period in the event of a party's refusal to provide requested discovery for any reason whatsoever, including, without limitation, legal objections raised to such discovery or unavailability of a witness due to absence or illness. No party shall be entitled to "priority" in conducting discovery. Depositions may be taken by either party upon seven (7) days written notice, and request for production or inspection of documents shall be responded to within ten (10) days after service. All disputes relating to discovery which cannot be resolved by the parties shall be submitted to the referee whose decision shall be final and binding upon the parties. Pending appointment of the referee as provided herein, the Superior Court is empowered to issue temporary and/or provisional remedies, as appropriate.

  • Arbitration Board Hearings Where operational requirements permit, the Employer shall grant leave without loss of pay to a reasonable number of employees representing the Union before an Arbitration Board, provided the dispute involves the Employer.

  • Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

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