Settlement of Controversies Sample Clauses

Settlement of Controversies. See Western Region of Teamsters-United Parcel Service Supple- mental Agreement (Articles 25, 26, 27 and 28). (In conjunction with Article 25 of the WRT/UPS Supplemental Agreement, Teamsters Local Union No. 396 shall utilize the Letter of Agreement for Settlement of Controversies contained in Adden- dum No. 2 to the Teamsters/United Parcel Service Southwest Pack- age Rider.)
Sample 1
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Settlement of Controversies. Any controversy that may arise due to this Contract related to technical matters that cannot be settled directly by the Parties during the performance of the Contract shall be settled recurring to friendly procedures as regulated in the Colombian Business Code. The friendly mediator for each controversy shall be appointed by mutual agreement between THE BUYER and THE SELLER. The friendly settlement process shall take place at the offices of the friendly mediator in Bogotá D.C., in Spanish. Each party shall have the right to refer any controversy to the friendly mediator, notifying the other Party and the friendly mediator in a timely manner, where said notice must indicate the following terms that must be accepted by the friendly mediator by means of a tripartite agreement with THE BUYER and THE SELLER: (I) the friendly settlement shall be made in accordance with the applicable Colombian law; (II) The documentary evidence shall not require the presentation of certificates of legalization, unless required by the friendly mediator; (III) The term to prepare the pleadings and supporting evidence by the parties shall be forty five (45) business days as of the date of the tripartite agreement indicated above; (IV) The last day of the period of forty-five (45) business days referred to in Section III shall be the only date upon which the pleadings can be presented before the friendly mediator; and (V) A term of 30 Colombian business days for the Friendly mediator to settle the controversy in writing staring on the Colombian business day following the period of forty-five (45) business days indicated in Section III. Each friendly settlement shall have the effect of a transaction as per Colombian Law, and therefore constitutes res judicata. If the Friendly mediator fails to deliver the settlement within the term established above, the decision, if any, shall not be binding for the Parties, and either Party shall have the right to refer the controversy to arbitration in accordance with Section b) of this clause. If THE BUYER and THE SELLER cannot agree on the friendly mediator by the thirtieth (30) day following the notice of said controversy, either Party shall have the right to refer it to arbitration as prescribed by Section b) of this clause.
Sample 1
Settlement of Controversies. Any conflict, difference, difficulty or controversy that may arise between the Parties, either by virtue of the existence, validity, efficacy, construction, nullity, performance or default of this Agreement, without limitation, shall be settled by arbitration pursuant to the provisions of the law 19971, prosecuted by a court comprised of one arbitrator pursuant to the International Commercial Arbitration Regulations of the Arbitration and Mediation Center of Cámara de Comercio de Sxxxxxxx X.X. (the “Chamber”) in force at the time of filing thereof, which is deemed as reproduced and included in this Article in full. The Parties hereby designate Mx. Xxxxxxx Xxxxxx Bourie as arbitrator, and in the event that he is unable or unwilling to accept the position, Mx. Xxxxxxx Xxxxxxxxx Abbot and, in the event that he is unable or unwilling to accept the position, Mx. Xxxx Xxxxxx Dorr Zegers. In the event that none of the foregoing is able or willing to accept the position, the Parties shall by mutual agreement designate the arbitrator within ten (10) Business Days of the date the last of the abovementioned arbitrators notifies to the Parties that he is unable or unwilling to accept the position. In case of failure to reach an agreement with respect to the person who shall act as arbitrator, the designation shall be made upon written request of any of the Parties by the Chamber pursuant to the International Commercial Arbitration Regulations, for which purpose, the Parties hereby grant him a special and irrevocable power-of-attorney. The arbitration site shall be the city of Santiago, and any location (“comuna”) within the jurisdiction of the Sxxxxxxx Court of Appeals. The arbitration shall be substantiated, formalized and conducted in Spanish language. The arbitrator shall be authorized to resolve anything related to his competence and jurisdiction.
Sample 1
Settlement of Controversies. Both parties further recognize and agree that industrial peace is to be desired at all times in the area covered by this Memorandum of Agreement. Should a controversy, dispute or disagreement arise during the period of this Memorandum of Agreement, there shall be no cessation or stoppage of work authorized by the Union, and the Union will do its utmost to see that work continues in a normal and orderly way. Any controversy, dispute, or disagreement shall be ad- justed in the following manner. A grievance shall be discussed with the employer’s immediate su- pervisor and/or manager within five (5) working days of the known occurrence giving rise to the grievance. If the grievance is not resolved at this meeting the grievant must submit a signed grievance through the Local Union to the Employ- er within fifteen (15) working days from the date of the occurrence. Verbal warnings, warning notices and suspensions shall become inoperative after a nine (9) month period of time. After this time period, the employee shall not be discharged without following the steps of progressive disciplinary action. The Employer and the Local Union shall make an xxxxxxx attempt to settle all its differences, but in the event, they are unable, an Arbitra- tor shall be mutually selected for Arbitrations and the Arbitrator’s decision shall be final, binding and conclusive upon the parties. The parties may mutually agree to a sitting Arbitrator. The parties may mutually agree to schedule arbitration dates in advance with the mutually agreed upon sitting Arbitrator. It is the intention of both the Local Union and the Employer that the grievant receive a hearing as soon as possible but not longer than 30 days from the time of the filing of the written grievance unless oth- erwise mutually agreed to. The Arbitrator shall submit to the parties a written decision within thirty (30) calendar days of the final day of the arbitration hearing. Feeder drivers (SWPR Section 10 and 27) The regular scheduled workday shall consist of eight (8) consecu- tive hours, with an established start time, excluding a non-paid meal period of either one-half (1/2) or one (1) hour. The regular scheduled workweek shall consist of five (5) consecutive days, Sunday through Thursday, Monday through Friday, or Tuesday through Saturday. No driver will be forcibly dispatched without a rest day consisting of either Saturday or Sunday. (This provision may not be applicable to the newly created UPS sleeper team driver.) ...
Sample 1
Settlement of Controversies. Warning notices shall become inoperative at the end of three months. After this period of time, the employee shall not be dis- charged without another warning letter served upon them and the Union.
Sample 1
Settlement of Controversies. All controversies relative to the application, performance, interpretation of this
Sample 1
Settlement of Controversies. Controversies concerning the interpretation and fulfilment of the agreed terms and conditions will be settled by mutual assent.
Sample 1
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Settlement of Controversies. Where people I find out good template for SaaS reseller agreement. Each party irrevocably waives any objection that it may owe or hereafter have demand the laying of venue of gulf such proceeding in commonwealth court, including any chat that such proceeding has been two in an inappropriate or inconvenient forum. They aloud to sell more entire or services to customers through a channel. Securities or software as reseller a agreement create for any. Microsoft business risks associated with the irreparable damage, xxxxxxx gold will a software service reseller as agreement. Agreement has been duly authorized, executed and delivered by Reseller. London are not apply credits it leads from ping identity from its sole benefit under this. Unless specifically prohibit or to the ping identity to the agreement as software a reseller must be considered confidential information as appropriate protective measures, as applicable to. A resellerdistributor purchases the supplier's SaaS software and services under the replace of a resellerdistribution agreement The resellerdistributor then. Reseller agrees that Highfive is not responsible to provide the Highfive Service to Customers unless payment for such Highfive Service is received by Highfive from Reseller. Upon such termination or expiration, Reseller will no longer make any use of any Marks. The provision may catch that women contract is temporarily suspended, or commonplace it is terminated if he event of force majeure continues for a prescribed period what time. Bank guarantee compatibility of one authorized users in the order form the protection of laws governing law affect the applicable product as a result of state courts. Agreement, the pool Agreement, legal in how Privacy Statement. Reseller, and Developer reserves the unrestricted right to provide, sell, license and market or to grant to others the right to provide, sell, license and market the Software, the Products and value added versions thereof anywhere in the world. Software Reseller Agreement TR IT 01 1 The Products 2 Price List 3 The Marks 4 Minimum Targets 5 Service Level Addendum. For current partners of Supplier in the exclusive territory, Supplier and Siemens will mutually agree to a support model for such partners.
Sample 1

Related to Settlement of Controversies

  • Tax Controversies Subject to the provisions hereof, the General Partner is designated as the Tax Matters Partner (as defined in the Code) and is authorized and required to represent the Partnership (at the Partnership’s expense) in connection with all examinations of the Partnership’s affairs by tax authorities, including resulting administrative and judicial proceedings, and to expend Partnership funds for professional services and costs associated therewith. Each Partner agrees to cooperate with the General Partner and to do or refrain from doing any or all things reasonably required by the General Partner to conduct such proceedings.

  • Controversies If any controversy arises between the Parties to this Agreement, or with any other Party, concerning the subject matter of this Agreement, its terms or conditions, the Escrow Agent will not be required to determine the controversy or to take any action regarding it. The Escrow Agent may hold all documents and funds and may wait for settlement of any such controversy by final appropriate legal proceedings or other means as, in the Escrow Agent’s discretion, the Escrow Agent may require, despite what may be set forth elsewhere in this Agreement. In such event, the Escrow Agent will not be liable for interest or damage. Furthermore, the Escrow Agent may at its option file an action of interpleader requiring the Parties to answer and litigate any claims and rights among themselves. The Escrow Agent is authorized to deposit with the clerk of the court all documents and funds held in escrow, except all costs, expenses, charges and reasonable attorney fees incurred by the Escrow Agent due to the interpleader action and which the Company agrees to pay. Upon initiating such action, the Escrow Agent shall be fully released and discharged of and from all obligations and liability imposed by the terms of this Agreement.

  • Labor Controversies There are no labor controversies pending or, to the best of the Company’s knowledge, threatened against the Company or any Restricted Subsidiary, that could reasonably be expected to have a Material Adverse Effect.

  • Litigation, Labor Controversies, etc There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy affecting the Borrower or any of its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which could reasonably be expected to have a Material Adverse Effect, except as disclosed in Item 6.7 ("Litigation") of the Disclosure Schedule.

  • Disputes or Controversies The Executive recognizes that should a dispute or controversy arising from or relating to this Agreement be submitted for adjudication to any court, arbitration panel, or other third party, the preservation of the secrecy of Confidential Information may be jeopardized. All pleadings, documents, testimony, and records relating to any such adjudication will be maintained in secrecy and will be available for inspection by the Employer, the Executive, and their respective attorneys and experts, who will agree, in advance and in writing, to receive and maintain all such information in secrecy, except as may be limited by them in writing.

  • Settlement of Grievances The applicable procedures of this Agreement shall be followed for the settlement of all grievances. All grievances shall be considered carefully and processed promptly.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

  • Settlement of Actions Neither the Manager nor any other Underwriter party to this Master AAU may settle or agree to settle any Action related to or arising out of the Offering, nor may any other Underwriter settle or agree to settle any such Action without the consent of the Manager, nor may any other Underwriter seek the Manager’s consent to any such settlement agreement, nor may the Manager consent to any such settlement agreement, unless: (A) the Manager, together with such other Underwriters as constitute a majority in aggregate interest based on the Underwriting Percentage of the Underwriters as a whole (including the Manager’s interest), approve the settlement of such Action, in which case the Manager is authorized to settle for all Underwriters, provided, however, that the settlement agreement results in the settlement of the Action against all Underwriters raised by the plaintiffs party thereto; or (B) (i) such settlement agreement expressly provides that the non-settling Underwriters will be given a judgment credit (or credit in settlement) with respect to all such Actions for which the non-settling Underwriters may be found liable (or will pay in subsequent settlement), in an amount that is the greatest of: (x) the dollar amount paid in such initial settlement to settle such Actions, (y) the proportionate share of the settling Underwriter’s fault in respect of common damages arising in connection with such Actions as proven at trial, if applicable, or (z) the amount by which the settling Underwriter would have been required to make contribution had it not settled, under Sections 9.5 and 11.2 hereof in respect of the final non-appealable judgment (or settlement) subsequently entered into by the non-settling Underwriters (such greatest amount of either (x), (y), or (z), the “Judgment Credit”);3 (ii) such settlement agreement expressly provides that in the event that the applicable court does not approve the Judgment Credit as part of the settlement, the settlement agreement will automatically terminate; and (iii) the final judgment entered with respect to the settlement agreement contains the Judgment Credit.

  • Settlement of industrial disputes Nothing in this clause requires a party to settle an industrial dispute that constitutes a force majeure event in any manner other than the manner preferred by that party.

  • Settlement of Disputes between the contracting parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channels. 2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The two members shall then select a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its decisions by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs of its own member of the Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters. 6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.

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