Resolution of Claim. 7.1 The parties agree that this Agreement is being entered into by the Secretary for the benefit of the individual school Boards of Trustees as the employers of teacher aides.
7.2 The parties agree that this Agreement is being entered into by NZEI Te Riu Roa on behalf of its members who fall within the coverage clause and that NZEI Te Riu Roa has the authority to settle the claim and reach agreement as to the claim on a full and final basis, subject to the variation to the Support Staff in Schools’ Collective Agreement being ratified.
7.3 The parties agree that the process undertaken and the information collated to assess and resolve the Claim was suitable and sufficient for the parties to reach agreement on the Claim.
7.4 The parties agree that this Agreement is in full and final resolution of the Claim. The agreement reached reflects the parties view that it achieves pay equity and that there is no differentiation between male and female employees in the manner set out in section 3(1) of the Act. Nor will any claim be made that any remuneration paid to any teacher aide is subject to any differentiation or undervaluation based on sex.
7.5 No claim will be brought by either NZEI Te Riu Roa or an NZEI Te Riu Roa member covered by this Agreement against either the State Services Commissioner or the Secretary or a Board of Trustees seeking back pay for any period prior to which the Agreement comes into effect.
7.6 Nothing in this Agreement prevents either party from bringing a claim in the future based on a failure to review and maintain pay equity as required by clause 4 of this Agreement; nor from bringing a claim against the other party to this Agreement for a breach of this Agreement.
Resolution of Claim. If the decision on the Pre-Resolution is not issued within the required timeframe or if Contractor is not satisfied with the decision, Contractor may submit a Claim as a prerequisite for any further consideration by County or the right to any judicial review of the issue giving rise to the claim.
42.2.1 The Claim must be filed in writing by Contractor with County’s Division of Contracts and Procurement and County Project Manager within twenty-one (21) days after the decision is issued on the Pre-Resolution.
42.2.2 The Claim shall include: (1) a description of the issues in dispute; (2) the basis and justification for the Claim, including documentation and analysis required by the contract and applicable law and rules that allow for the proper determination of the Claim; (3) a detailed cost estimate for any amount sought, including copies of any related invoices; and (4) a specification identification of the relief sought.
Resolution of Claim. Mimecast may, at its own expense and in its sole discretion, attempt to resolve any indemnified claim by: (a) modifying the Services or Material to avoid the alleged infringement; (b) obtaining a license to permit Customer’s use of the Services or Material as contemplated by this Agreement; or (c) terminating the rights set forth in this Agreement and giving Customer a refund for any fees paid for the remainder of the then-effective Subscription Term. Customer will cooperate fully with Mimecast in the implementation of any of the above-described resolutions. Mimecast will have no liability under this Section 6 to the extent any third-party claim results from the combination of the Services with third-party products, services, data, or business processes used by Customer or from content, instructions, or information supplied by Customer.
Resolution of Claim. Except in the event that the claim for indemnification is based upon a claim of a third party and Shareholders shall have notified Purchaser as provided in paragraph 8.2 that they will contest the claim, unless Shareholders object to the determination or computation of the total amount of the indemnification shown on the written notice specified in subparagraph 8.2 within 60 days after receipt, the total amount of indemnification shown by notice shall be paid by Shareholders to Purchaser. If Shareholders object to the determination contained in the written notice specified in subparagraph 8.2 within 60 days after receipt, they shall have the right to submit any claim for indemnification not brought by a third party to the American Arbitration Association for binding arbitration in accordance with its rules, and the expenses of the American Arbitration Association shall be borne equally by the parties.
Resolution of Claim. Except in the event that the claim for indemnification is based upon a claim of a third party and shareholders shall have notified JDI as provided in paragraph 8.2 that they will contest the claim, unless shareholders object to the determination or computation of the total amount of the indemnification shown on the written notice specified in subparagraph 8.2 within 60 days after receipt, the total amount of indemnification shown by notice shall be paid by shareholders to JDI. If shareholders object to the determination contained in the written notice specified in subparagraph 8.2 within 60 days after receipt, they shall have the right to submit any claim for indemnification not brought by a third party to the American Arbitration Association for binding arbitration in accordance with its rules, and the expenses of the American Arbitration Association shall be borne equally by the parties.
Resolution of Claim. (a) If the Indemnifying Party does not object to an Indemnification Claim by the Indemnified Party during the 30-day period following receipt of the Indemnified Party's Notice of its Indemnification Claim (the "Objection Period"), the Indemnified Party's Indemnification Claim shall be considered undisputed, and (subject to the threshold and cap under Section 10.3) the Indemnified Party shall be entitled to recover the full amount of its Indemnifiable Loss (or estimate of its Indemnifiable Loss) from the Indemnifying Party.
(b) If the Indemnifying Party gives Notice to the Indemnified Party within the Objection Period that the Indemnifying Party objects to the Indemnified Party's Indemnification Claim, the Indemnifying Party and the Indemnified Party shall attempt in good faith to resolve their differences during the 30-day period following the Indemnified Party's receipt of the Indemnifying Party's Notice of its objection (the "Resolution Period"). If they fail to resolve their disagreement during the Resolution Period, either of them may unilaterally submit the disputed Indemnification Claim for binding arbitration before the American Arbitration Association in Chicago, Illinois, in accordance with its rules for commercial arbitration in effect at the time. The award of the arbitrator or panel of arbitrators may include attorneys' fees to the prevailing party, and judgment on the award may be entered in the United States District Court for the Northern District of Illinois, the Circuit Court of Cook Xxxnty, Illinois, or in any other court of competent jurisdiction.
Resolution of Claim. (a) If within thirty (30) days after a Notice of Claim is received by the Indemnifying Party, the Indemnifying Party does not give written notice to the Indemnified Party (with a copy to the Escrow Agent if the Claim involves recovery against the Escrow Amount) contesting the basis for, or the amount of, such claim (the “Contest Notice”), the Indemnifying Party shall be conclusively deemed to have consented to the recovery of the full amount of Damages (subject to the limits contained in this Section 8.7) specified in the Notice of Claim in accordance with this Section 8.7, and, without further notice, to have stipulated to the entry of a final judgment for Damages against the Indemnifying Parties for such amount in any court having jurisdiction over the matter where venue is proper.
Resolution of Claim. (a) If within thirty (30) days after a Notice of Claim is received by the Representative, the Representative does not give written notice to the Buyer (with a copy to the Escrow Agent if the Claim involves recovery against the Escrow Amount) contesting the basis for, or the amount of, such claim (the “Contest Notice”), the Representative shall be conclusively deemed to have consented, on behalf of the Shareholders, to the recovery of the full amount of Damages (subject to the limits contained in this Article 8) specified in the Notice of Claim in accordance with this Article 8 including the forfeiture of all or a portion of the Escrow Amount, and, without further notice, to have stipulated to the entry of a final judgment for damages against the Securityholders for such amount in any court having jurisdiction over the matter where venue is proper.
(b) If the Contest Notice is given by the Representative, then the Buyer and Representative shall use reasonable efforts to reach agreement with respect to such Claim. If Representative and Buyer are unable to agree to a resolution of any Claim within thirty (30) days after Buyer’s receipt of a Contest Notice, then such Claim shall be resolved by either (i) a written settlement agreement or memorandum executed by Buyer and the Representative (a copy of which shall be furnished to the Escrow Agent) or (ii) in the absence of such a written settlement agreement within 60 days following receipt by Buyer of the Contest Notice from the Representative, by binding arbitration between Buyer and the Representative in accordance with the terms and provisions of Section 8.6(c) and (d) below. The Escrow Agent shall be entitled to rely on any such memorandum or agreement and shall distribute from the Escrow Amount in accordance with the terms of the memorandum or agreement.
(c) If no such agreement can be reached after good faith negotiation, any of Buyer or the Representative may, by written notice to the other, demand arbitration of the matter unless the amount of the damage or loss is at issue in pending litigation with a third party, in which event arbitration shall not be commenced until such amount is ascertained or both parties agree to arbitration; and in either such event the matter shall be settled by arbitration conducted by three arbitrators. Within 15 days after such written notice is sent, Buyer (on the one hand) and the Representative (on the other hand) shall each select one arbitrator, and the two arbitrators ...
Resolution of Claim. (a) If within thirty (30) days after a Notice of Claim is received by the Representative, the Representative does not give written notice to the Buyer (with a copy to the Escrow Agent if the Claim involves recovery against the Escrow Shares) contesting the basis for, or the amount of, such claim (the “Contest Notice”), the Representative shall be conclusively deemed to have consented, on behalf of the Indemnifying Selling Shareholders, to the recovery of the full amount of Damages (subject to the limits contained in this Article 8) specified in the Notice of Claim in accordance with this Article 8 including the forfeiture of all or a portion of the Escrow Shares, and, without further notice, to have stipulated to the entry of a final judgment for damages against the Indemnifying Selling Shareholders for such amount in any court having jurisdiction over the matter where venue is proper.
(b) If Representative and Buyer are unable to agree to a resolution of any Claim within thirty (30) days after Buyer’s receipt of a Contest Notice, then such Claim shall be resolved by either (i) a written settlement agreement or memorandum executed by Buyer and the Representative (a copy of which shall be furnished to the Escrow Agent) or (ii) a final non-appealable judgment by a court of competent jurisdiction.
Resolution of Claim. 7.1 The parties agree that this Agreement is being entered into by the Secretary for the benefit of the individual school Boards of Trustees as the employers of teacher aides.
7.2 The parties agree that this Agreement is being entered into by NZEI Te Riu Roa on behalf of its members who fall within the coverage clause and that NZEI Te Riu Roa has the authority to settle the claim and reach agreement as to the claim on a full and final basis, subject to the variation to the Support Staff in Schools’ Collective Agreement being ratified.
7.3 The parties agree that the process undertaken and the information collated to assess and resolve the Claim was suitable and sufficient for the parties to reach agreement on the Claim.
7.4 The parties agree that this Agreement is in full and final resolution of the Claim. The agreement reached reflects the parties view that it achieves pay equity and that there is no differentiation between male and female employees in the manner set out in section 3(1) of the Act. Nor will any claim be made that any remuneration paid to any teacher aide is subject to any differentiation or undervaluation based on sex.
7.5 No claim will be brought by either NZEI Te Riu Roa or an NZEI Te Riu Roa member covered by this Agreement against either the State Services Commissioner or the Secretary or a Board of Trustees seeking back pay for any period prior to which the Agreement comes into effect.
