Right to Challenge. If a Party objects to any determination made by another Party pursuant to this Article 7, the objecting Party shall have the right to submit such determination (at any time including after the date of such determination) for resolution by technical arbitration pursuant to Section 19.7.
Right to Challenge. 1. The unit member shall have the right to be accompanied by a representative at any meeting scheduled by an administrator where discipline is the reason for the meeting.
2. Oral Counseling, Letter of Concern, and Letters of Warning are not grievable under the provisions of this agreement.
3. Letters of Reprimand shall be grievable commencing at step one (1).
4. Disputes arising out of the application of the Article shall apply only to suspensions and shall be submitted directly to step three (3) of the grievance procedure.
Right to Challenge. 20.4.1 The unit member's right to challenge alleged violations of the provisions of this Article shall be as follows:
20.4.1.1 Dismissals shall be processed pursuant to the Education Code.
20.4.1.2 Suspensions shall be grieved at Level 3.
20.4.1.3 Written Reprimands shall be grieved at Level 2, Presentation to the Superintendent or designee.
20.4.1.4 Discipline less than Written Reprimands shall not be grieved.
Right to Challenge. Tenant shall have the right, by notice in writing to Landlord given at any time within one (1) year after receipt of any statement of Amenities Expense, to challenge the accuracy of any Amenities Expenses. Failure to timely notify Landlord of a challenge shall be a waiver of the right for the applicable statement. If Tenant challenges any Amenities Expenses, Landlord shall make Landlord's books and supporting documents available at reasonable times during office hours and upon reasonable prior notice for Tenant to audit. If requested, Landlord shall provide adequate work space within Landlord's offices for Tenant's authorized representatives to review the books and supporting documents. Tenant shall pay the costs and expenses of any audit unless the audit shows an overstatement of at least five percent (5%) in the Amenities Expenses, in which event Landlord shall pay the cost and expenses of the audit.
Right to Challenge. Seller acknowledges that although Buyer has agreed to pay for KPMG Peat Marwick's audit of the Business's financial statements, Buyer in no way takes responsibility therefor.
Right to Challenge. Tenant shall have the right, by giving written notice to Landlord at any time within one (1) year after receipt of any statement of Operating Expense, to challenge the accuracy of any Operating Expense set forth in the statement. Failure to timely notify Landlord of a challenge shall be a waiver of Tenant's right to challenge the Operating Expenses set forth in the applicable statement. If Tenant challenges any operating Expenses, Landlord shall make Landlord's books and supporting documents available at reasonable times during office hours and upon reasonable prior notice for Tenant to audit. If requested by Tenant, Landlord shall provide adequate work space within Landlord's offices for Tenant's authorized representatives to review the books and supporting documents. Tenant shall pay the cost and expenses of any audit unless the audit shows an overstatement of at least five percent (5%) in the Operating Expenses, in which event Landlord shall pay the costs and expenses of the audit. Landlord shall pay any overstated amounts to Tenant, together with interest at the rate of ten percent (10%) per annum from the date of overpayment to the date payment is made by Landlord (and, if applicable, the cost of the audit), within thirty (30) days after the amount of the overstatement is finally determined.
Right to Challenge. An employee being tested has the right to challenge the accuracy of a positive GC/MS drug test within five (5) calendar days after notification. In the event a challenge is made, a portion of the sample tested shall be sent to another laboratory acceptable to both the Company and the Union. The cost of sending and re-testing the sample shall be borne by the person being tested. IF the results from this GC/MS test contradict the results of the original GC/MS test, the person being tested shall be returned to work and made whole for any loss of wages.
Right to Challenge. The receipt or acceptance by Licensor of any royalty statement or payment shall not prevent Licensor from subsequently challenging the validity or accuracy of such statement or payment.
Right to Challenge. Should you have any objections in regards to the monthly reports or the accounting or the payment amount, such objections must be raised in writing via email to xxxxxxxxxx@xxxxxxx.xxx and submitted to us within thirty (30) days from the provision of the report. With the expiry of this time limit, you acknowledge and thereby agree to the calculated amount as correct and forgo further payments for the accounting period. The right to challenge in regards to the report or the payment amount is deemed to have been waived with the expiry of the aforementioned time limit, and you are not entitled to any claims in this respect. Furthermore, the encashment of a payment check, the acceptance of a payment or the acceptance of another payment shall be considered complete and final acknowledgment of the affiliate commissions for the specified month. By way of derogation from the aforementioned, we reserve the right to correct any excess payments made in calculating of your affiliate commissions at any time and to demand that you return the difference to us.
Right to Challenge. Lessee shall have the right to contest the amount or validity of any such lien by appropriate legal proceedings provided Lessee, within twenty (20) days after notice of the attachment of such lien, shall give written notice to Lessor of its intention to contest the same which shall specify the amount of the lien to be contested, and provided that at the time of giving such notice Lessee shall deposit with Lessor or as directed by a court of law as security for the payment of such lien money or other security satisfactory to Lessor in an amount sufficient, in the sole judgment of Lessor, to pay or secure payment of such lien together with interest, court costs, attorneys' fees and any other charges in connection therewith that may be assessed against or become a charge on the Building, the demised premises or any part thereof, in said proceedings. As long as Lessee shall continue diligently to prosecute such proceedings and is not in default under any provision of this Lease, and further provided neither Lessor nor Lessee, or any interest of either of them is subject to loss, forfeiture, attachment or criminal process, Lessor shall not have the right to pay, remove or discharge any such lien so contested. If at any time while such proceedings are pending the money or other security held by Lessor shall in the reasonable judgment of Lessor be insufficient to pay or secure payment or such lien together with interest, court costs, attorney's fees and any other charges in connection therewith that may be assessed against or become a charge on its Building, demised premises or any part thereof in said proceedings, Lessee shall forthwith pay over to Lessor an amount of money sufficient, together with the money or other security so deposited pursuant to this Section, to pay the same. In the event of any default by Lessee under this Lease, or in the event Lessor or Lessee or any interest of either is subject to forfeiture, attachment or criminal process, Lessor is authorized to use any money or other security deposited under this Section (together with any interest on any securities deposited hereunder) to apply at its option, on account of such default or to pay said lien. Lessee shall not be entitled to interest on any money deposited pursuant to this Section, but shall be entitled to receive from time to time any interest on any securities deposited hereunder so long as the amount of such deposit is sufficient in the reasonable judgment of Lessor to pay or secur...
