Resolution Procedures. In the event there is any disagreement between the Executive and the Company as to whether one or more payments or benefits to which the Executive becomes entitled constitute a parachute payment under Code Section 280G or as to the determination of the present value thereof, such dispute will be resolved as follows:
(a) In the event the Treasury Regulations under Code Section 280G (or applicable judicial decisions) specifically address the status of any such payment or benefit or the method of valuation therefor, the characterization afforded to such payment or benefit by the Regulations (or such decisions) will, together with the applicable valuation methodology, be controlling.
(b) In the event Treasury Regulations (or applicable judicial decisions) do not address the status of any payment in dispute, the matter will be submitted for resolution to independent auditors selected and paid for by the Company. The resolution reached by the independent auditors will be final and controlling; provided, however, that if in the judgment of the independent auditors, the status of the payment in dispute can be resolved through the obtainment of a private letter ruling from the Internal Revenue Service, a formal and proper request for such ruling will be prepared and submitted by the independent auditors, and the determination made by the Internal Revenue Service in the issued ruling will be controlling. All expenses incurred in connection with the preparation and submission of the ruling request shall be shared equally by the Executive and the Company.
(c) In the event Treasury Regulations (or applicable judicial decisions) do not address the appropriate valuation methodology for any payment in dispute, the present value thereof will, at the independent auditor's election, be determined through an independent third-party appraisal, and the expenses incurred in obtaining such appraisal shall be shared equally by the Executive and the Company.
Resolution Procedures. Any dispute that either Party may have regarding this Agreement, including, but not limited to, disputes for additional compensation, shall be submitted to District within 30 days of the occurrence which gave rise to the dispute. District and Provider shall attempt to negotiate a resolution of such dispute and process an amendment to this Agreement to implement the terms of such resolution. If the dispute cannot be resolved through direct discussions, the Parties agree to first endeavor to resolve the dispute in an amicable manner by non-binding mediation under the applicable rules of the Judicial Arbitration and Mediation Service (JAMS), or other similar organization mutually selected by the Parties. If any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, remains after mediation, the matter shall be determined in a court of law of proper jurisdiction in the District’s place of venue.
Resolution Procedures. The types of proceedings available for the resolution of disputes are:
(a) an advisory proceeding to assist each party through discussion and advice, on a separate and individual basis without active participation in the joint discussions and negotiations, to resolve the dispute informally by mutual agreement;
(b) a mediation proceeding to assist the parties through active participation in the joint discussions and negotiations (including specific recommendations of the issues in dispute) through which the parties indirectly attempt to resolve the dispute informally by mutual agreement;
(c) a non-binding dispute resolution proceeding to hear formal evidence on factual matters related to the issues submitted, make written findings and conclusions of fact, and issue specific written recommendations for resolution of each issue in dispute;
(d) a binding dispute resolution proceeding to hear formal evidence on factual matters related to the issues submitted, make written findings and conclusions of fact, and issue directives and awards for resolution of each issue in dispute. The panel chair shall determine meeting arrangements and format necessary to efficiently expedite the resolution of the dispute, and the SPP staff secretary shall notify the parties of these details. Each party to the dispute must have at least one representative present at all related meetings with full authority to resolve the dispute. Upon conclusion of this process, the panel chair shall notify the President of its outcome. After consultation with the parties to the dispute and the panel chair to determine the completion of the process as described herein, and/or as modified by the parties, the President shall discharge the panel, and notify the SPP Board of Directors of the results. The parties to the dispute agree to complete the process within 90 days from selection of the panel. The SPP staff secretary shall maintain minutes of the panel meetings, which shall become part of SPP’s historical records.
Resolution Procedures. Reports of alleged violations of Section A. or B.1.-4. above and/or University Policy may be addressed through the complaint procedure and/or the grievance procedure. Additionally, Alternative Resolution may be used at any time to address the issues. Formal Investigations may be initiated as part of the complaint resolution or grievance procedure.
Resolution Procedures. Except as otherwise provided below, the Parties shall attempt to resolve any dispute arising under or related to this Agreement (a “Dispute”) in accordance with the procedures set forth in this Section 23.1.
Resolution Procedures. Upon resolution of the Dispute in accordance with Article 22 and without prejudice to the right of either Party to refer a Dispute to arbitration, any amounts disputed and not paid but determined to be owed by a Party or any amounts paid and determined not to be owed shall be paid or repaid to the other Party, as the case may be, within ten (10) Business Days after such resolution or determination, together with interest thereon from but excluding the date initially owed or paid until and including the date paid or repaid, as the case may be, at the Delayed Payment Rate.
Resolution Procedures. Nothing in these procedures prevents an employee from exercising his or her rights under The Human Code or Criminal Coda. Further, the rights of both parties will be respected throughout the process. The Complaint Procedure should not be invoked or pursued at the same time as a parallel complaint before the Ontario Human Rights Commission or while a complaint is being dealt with through the grievance process, both of which are options that can he exercised by the parties involved. The procedures outlined here will be suspended while such proceedings are taking place and are not intended to preclude rights under The Human Code, or a collective agreement. Step
Resolution Procedures. In the event of an Agreement Dispute, each of --------------------- the parties shall have the right to refer such Agreement Dispute in writing to the Separation Committee (or, if the Agreement Dispute involves only two of the parties, to the representatives of the affected parties that are members thereof) for resolution. The Separation Committee (or such members) shall seek to render a unanimous written decision with respect to any Agreement Dispute within 60 days after receipt of the referral. The decision of the Separation Committee (or such members) with respect to any Agreement Dispute shall be binding on the affected parties, the members of their respective Groups and their respective successors and assigns. In the event that the Separation Committee (or such members) is unable to reach a unanimous written decision as to any Agreement Dispute within 60 days after receipt of the referral, any of the affected parties shall have the right to submit such Agreement Dispute to arbitration in accordance with the procedures described in Section 9.
Resolution Procedures. (a) If another section of this Agreement grants to REI (or its successor REGCO) or to UNREGCO the right to invoke the resolution procedures of this Section 8.3 to disagree with an amount, allocation, characterization or other item of information provided to it by the other party and if within 15 days of receiving notice of such amount, allocation, characterization or other item of information, REI (or its successor REGCO) or UNREGCO, as the case may be, invokes the resolution procedures of this Section 8.3 by sending written notice to the other party, then
(i) the parties shall jointly select a Tax Expert to determine the correct amount, allocation or other information that is in dispute,
(ii) the parties shall share the costs of such Tax Expert equally,
(iii) the parties agree to be bound by the decision reached by the Tax Expert,
(iv) the due date of a payment based on or equal to an amount, allocation or other information that is being determined by the Tax Expert pursuant to this Section 8.3(a) shall be extended to the date that is 5 days after the Tax Expert renders a decision as to the correct amount, allocation, characterization or other item of information and
(v) if the otherwise applicable due date of payment is extended pursuant to Section 8.3(a)(iv), then the party making such payment shall add to the amount of such payment (as determined in accordance with the determination by the Tax Expert under this Section 8.3(a)) interest for the period of such extension. The amount of interest that accrues during such extension period shall be computed in accordance with the procedures set forth in Section 6.9.
(b) If another section of this Agreement grants to REI (or its successor REGCO) or to UNREGCO, as the case may be, the right to invoke the resolution procedures of this Section 8.3 to disagree with an amount, allocation, characterization or other item of information provided to it by the other party and REI (or its successor REGCO) or UNREGCO, as the case may be, does not invoke the resolution procedures of this Section 8.3 within 15 days of receiving -41- 43 notice of such amount, allocation, characterization or other item of information, then the amount, allocation, characterization or other item of information provided to REI (or its successor REGCO) or to UNREGCO by the other party shall be deemed conclusive and correct as between REI (or its successor REGCO) and UNREGCO.
Resolution Procedures. 1. If an Academic Researcher files a timely grievance that includes an alleged violation of this article, the University shall forward such a complaint to the campus office responsible for reviewing allegations of discrimination and/or sexual harassment. If the campus office determines an investigation is warranted, the Union and the University may agree in writing that the grievance, or a portion thereof, be held in abeyance during the time the allegations are under review in accordance with the University’s SVSH Policy and/or the University’s Nondiscrimination Policy. If the Union and the University do not agree in writing to put the grievance in abeyance, the grievance shall continue pursuant to Article 7 -
