Resolution Mechanism Sample Clauses
Resolution Mechanism. In the event of a disagreement between the parties to this User Agreement, the parties shall meet and confer to attempt to negotiate a resolution. If the parties cannot negotiate a resolution, the dispute shall be submitted in writing to the Deputy Commissioner of Systems, who will render a final determination binding on both parties.
Resolution Mechanism. (a) Upon the occurrence of a Deadlock, the Proponent may cause the Proposal and the Deadlock to be referred to the Chief Executive Officers of the ultimate U.S. parent company of each of their respective Affiliated group of companies (i.e., Trigen Solutions Energy Corporation, a Delaware corporation, in the case of Trigen Solutions and Cinergy Corp., a Delaware corporation, in the case of Cinergy Solutions). If such Chief Executive Officers are unable to resolve the Deadlock within ten (10) business days thereafter, then (but only then) the provisions of Section 5.2(b) shall apply; provided, however, that the provisions of Section 5.2(b) shall not apply until the first anniversary of the formation of the Company, unless a failure to act by the Company would result in a breach of a material agreement to which the Company is a party or violate any applicable legal or regulatory requirement.
(i) Within thirty (30) days after the expiration of the ten (10) business-day period referred to in paragraph (a) above, the Proponent may offer to purchase (“Purchase Offer”) all (but not less than all) of the Interests and any indebtedness of the Company (collectively the “Applicable Interest”) owned by the other Member (“Offeree”), specifying (x) the aggregate price to be paid for the Applicable Interest (which aggregate price shall specify separately the price placed by the Proponent on each component of the Applicable Interest and be payable only in cash_ and other terms and conditions of the Purchase Offer, (y) a date by which the Purchase Offer must be accepted (which may not be less than thirty (30) days nor more than sixty (60) days after the date the Purchase Offer is made) (the “Acceptance Date”) and (z) a proposed settlement date (the “Settlement Date”) therefor (which may not be less than thirty (30) days nor more than sixty (60) days after the specified Acceptance Date). The foregoing notwithstanding, the Settlement Date may be extended by either member by written notice to the other Member to the extent reasonably required to accommodate (i) any necessary approval or non-objection by or filing with any governmental or regulatory authority (each, a “Regulatory Approval”) including, without limitation, under the Public Utility Holding Company Act of 1935 (the “1935 Act”), or (ii) the removal of any liens, claims, charges or encumbrances attributable to the selling Member and existing on the Applicable Interest (each, a “Lien”), in either case being sought in ...
Resolution Mechanism. In the event of a disagreement between the parties to this Agreement, the parties will meet and confer to attempt to negotiate a resolution. If the parties cannot agree on a resolution, the parties will submit the dispute in writing to the Deputy Commissioner, Office of Budget, Finance, and Management, of SSA, who will render a final determination binding on both parties.
Resolution Mechanism. 1. Any individual or organization may file a written complaint with DOE to resolve any systemic issues regarding the provision of Early Intervention Services and Special Education. See 34 CFR §303.510(a)(1)(i) and CFR§303.510 (b). DOE will investigate all IDEA Part B and Part C administrative complaints in the same manner as it does for Part B and Part C administrative complaints. See Article Four Section A - DOE, 34 CFR §303.512(a) and (b). The written complaint must be signed and include a statement that the Participating Agency or any funded recipient has violated a requirement of IDEA Part B or Part C and must provide facts to support the complaint. See 34 CFR §303.511. The alleged violation must have occurred not more than one (1) year before the date that the complaint is received by DOE unless (1) the violation continues for that infant or toddler or other infants or toddlers; or (2) the complainant is requesting reimbursement or corrective action for a violation that occurred not more than three (3) years prior to the date of receipt of the complaint by DOE. See 34 CFR §303.511(b).
2. DOE, as lead agency, shall ensure that all due process hearings requested by Parents to resolve issues of IDEA eligibility, evaluation, placement, or the provision of appropriate Early Intervention Services will be conducted in accordance with all applicable state and federal statutes and regulations. All due process hearings under IDEA shall be conducted consistently with state and federal law. See 34 CFR §303.425.
3. Upon request and with the consent of both the Parent and the agency providing the Early Intervention Service in dispute, DOE, as lead agency, will assign a mediator to resolve disputes arising under IDEA. Consent to mediation by the Parent of an IDEA Part C eligible infant or toddler is voluntary and will not delay or deny a Parent’s right to a due process hearing nor shall it deny Parents any other rights afforded them under IDEA Part ▇. ▇▇▇ shall bear the cost of the mediation process. Consistent with IDEA, all discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. The parties to the mediation process are required to sign a confidentiality pledge prior to the commencement of the process. An agreement reached by the parties to the dispute in the mediation process must be set forth in a written mediation agreement. See 34
Resolution Mechanism. Where any employee has a concern dealing with the operation of the Society, whether specifically covered by this Agreement or not, the following procedure will be followed, unless deemed inappropriate by the concerned employee:
(a) The employee shall first discuss the matter with the person or persons directly involved, in an attempt to identify and rectify the concern/problem.
(b) Where resolution is not forthcoming in (a) above, the employee shall bring the concern/problem to the weekly Operations Meeting, which shall attempt to find a resolution acceptable to all parties.
(c) Where resolution is not forthcoming in (b) above, the employee may use the grievance procedure as set out.
(d) Nothing in 13.01 shall require an employee to use this process where the employee prefers to go straight to the grievance procedure.
Resolution Mechanism. (a) Upon the occurrence of a Deadlock, the Proponent may cause the Proposal and the Deadlock to be referred to the Chief Executive Officers of the ultimate U.S. parent company of each of their respective Affiliated group of companies (i.e., Trigen Solutions Energy Corporation, a Delaware corporation, in the case of Trigen Solutions and Cinergy Corp., a Delaware corporation, in the case of Cinergy Solutions). If such Chief Executive Officers are unable to resolve the Deadlock within ten (10) business days thereafter, then (but only then) the provisions of Section 5.2(b) shall apply; provided, however, that the provisions of Section 5.2(b) shall not apply until the first anniversary of the formation of the Company, unless a failure to act by the Company would result in a breach of a material agreement to which the Company is a party or violate any applicable legal or regulatory requirement.
Resolution Mechanism. In the event of any disagreement arising under this agreement, the parties shall, in good faith, negotiate a resolution to the disagreement with assistance from the Office of Management and Budget.