Resolution by Third Party Sample Clauses

Resolution by Third Party. 7.1.1 If the Dispute is not resolved in accordance with clause 1.10.1 of the Agreement: a) the Dispute will be referred to an independent mediator in accordance with clause 2 of this Schedule, if the parties to the dispute agree: i. that the Dispute is appropriate for resolution by an independent mediator; and ii. on the independent mediator; or b) the Dispute will be determined by the Australian Industrial Relations Commission (AIRC) in accordance with clause 3 of this Schedule if: i. it is agreed that resolution by an independent mediator is not appropriate; or ii. agreement is not able to be reached as to the referral of such Dispute to an independent mediator.
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Resolution by Third Party. 1.1 If the Dispute is not resolved in accordance with clause 1.13 of the Agreement: a) the Dispute will be referred to an independent mediator in accordance with clause 2 of this Schedule, if the parties to the dispute agree: i. that the Dispute is appropriate for resolution by an independent mediator; and ii. on the independent mediator; or b) the Dispute will be determined by the Commission in accordance with Clause 3 of this Schedule if: i. it is agreed that resolution by an independent mediator is not appropriate; or ii. agreement is not able to be reached as to the referral of such Dispute to an independent mediator.
Sample 1
Resolution by Third Party. If within thirty (30) days from the initial Technical Committee meeting, there is still no resolution of the dispute, Section 6.10.2. ("Arbitration") shall govern its resolution.
Sample 1
Resolution by Third Party. The parties shall attempt to reach a resolution with the assistance of the third party mediator. If a resolution cannot be reached within 30 calendar days of the designation of the third party mediator, the third party shall provide recommendations on how to resolve the dispute.
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Resolution by Third Party. If the Officers are unable to reach consensus within thirty (30) Business Days after the matter has been referred to them, except for Excluded Issues under Section 3.06(c), the final decision will be made by a mutually acceptable Third Party arbitrator. Either Party can initiate such arbitration on 30 days written notice to the other Party (given at any time following the period of the Officers’ discussions). The Parties will use best efforts to agree on an arbitrator within such 30-day period. If the Parties do not agree on an arbitrator within such 30 days, then the Parties’ proposed arbitrators (one proposed by each Party) shall within 15 additional days choose the arbitrator, who shall be unaffiliated with both Parties and their respective Affiliates. If the Parties’ proposed arbitrators fail to timely select the arbitrator, the Parties shall engage a single arbitrator (unaffiliated with both Parties) from and selected by the organization JAMS (standing for “Judicial Arbitration and Mediation Services”) (“JAMS”), to be appointed within ten (10) additional Business Days. Such arbitration will occur as promptly as practicable, but in no event later than 60 days following selection of the arbitrator and will be held in New York City, New York. The arbitration shall be conducted in accordance with the JAMS rules. The decision of the arbitrator will be final and binding on the Parties; provided that either Party shall retain all rights to bring an action against the other to enforce the arbitrator’s decision.
Sample 1

Related to Resolution by Third Party

  • Action by the Board (a) Meetings of the Board may be called by any Manager upon two (2) days prior written notice to each Manager. The presence of a majority of the Managers then in office shall constitute a quorum at any meeting of the Board. All actions of the Board shall require the affirmative vote of a majority of the Managers then in office. (b) Meetings of the Board may be conducted in person or by conference telephone facilities. Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if such number of Managers sufficient to approve such action pursuant to the terms of this Agreement consent thereto in writing. Notice of any meeting may be waived by any Manager.

  • Termination by the University i) The university may terminate this agreement under the following circumstances:

  • Cooperation by the Company If any Shareholder shall transfer any Registrable Securities pursuant to Rule 144, the Company shall cooperate, to the extent commercially reasonable, with such Shareholder and shall provide to such Shareholder such information as such Shareholder shall reasonably request.

  • TERMINATION BY THE PARTIES This Agreement may be terminated upon sixty (60) days’ written notice (a) by the Independent Directors of the Company or the Advisor, without Cause and without penalty, (b) by the Advisor for Good Reason, or (c) by the Advisor upon a Change of Control. The provisions of Sections 19 through 31 of this Agreement shall survive termination of this Agreement.

  • TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certificate for Payment as provided in Paragraph 9.7 of these General Conditions or because the State has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven additional days written notice to the State and the Architect, terminate the Contract and recover from the State payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages.

  • Termination by the Corporation If the Executive’s employment is terminated by the Corporation upon the giving of written notice of such termination to the Executive at any time within the 6 month period following a Change of Control (other than for Just Cause, Disability or Death), then the Executive shall be entitled to the following: i. such payments on account of severance as provided for under Section 12(b) of this Agreement; and ii. notwithstanding anything to the contrary in Section 12 hereof or in this Agreement, all options granted by the Corporation to the Executive shall, following the giving of any notice by the Corporation under this Section 14(a), be deemed to vest immediately and shall be exercisable by the Executive for a period of 90 days following the giving of such notice by the Corporation hereunder.

  • Modification by the Parties The Parties may by mutual agreement amend the Appendices to this Agreement, by a written instrument duly executed by all three of the Parties. Such an amendment shall become effective and a part of this Agreement upon satisfaction of all Applicable Laws and Regulations.

  • Termination by the HSP (a) The HSP may terminate this Agreement at any time, for any reason, upon giving 6 months’ Notice (or such shorter period as may be agreed by the HSP and the Funder) to the Funder provided that the Notice is accompanied by: satisfactory evidence that the HSP has taken all necessary actions to authorize the termination of this Agreement; and a Transition Plan, acceptable to the Funder, that indicates how the needs of the HSP’s clients will be met following the termination and how the transition of the clients to new service providers will be effected within the six-month Notice period. (b) In the event that the HSP fails to provide an acceptable Transition Plan, the Funder may reduce Funding payable to the HSP prior to termination of this Agreement to compensate the Funder for transition costs.

  • Indemnification by the Manager The Trust shall not be responsible for, and the Manager shall indemnify and hold the Trust or any Fund harmless from and against, any and all losses, damages, costs, charges, counsel fees, payments, expenses and liability arising out of or attributable to the willful misfeasance, bad faith, negligent acts or reckless disregard of obligations or duties on the part of the Manager or any of its officers, directors, employees or agents.

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