Standards for Decision Clause Samples
The "Standards for Decision" clause defines the criteria or benchmarks that must be met when making determinations under the agreement. It typically outlines whether decisions should be made using objective measures, such as industry standards or reasonable person tests, or subjective measures, such as a party's sole discretion. For example, it may specify that approvals must not be unreasonably withheld or that performance is judged according to generally accepted practices. This clause ensures clarity and fairness in decision-making, reducing ambiguity and potential disputes over how choices are evaluated during the contract's execution.
Standards for Decision. The following factors shall be considered by the arbitrator in arriving at a decision:
(a) The interest and welfare of the public, and all factors normally a part of sound administrative and labor relations policy, including, without limitation, the financial ability of the City to bear the costs involved;
(b) The lawful authority of the City;
(c) Stipulations of the parties;
(d) Comparison of the overall terms or conditions of employment of the employees involved with other employees performing similar services in public employment in comparable Colorado communities;
(e) Effectiveness of City operations and impact on services to the public.
Standards for Decision. The following factors shall be considered by the arbitrator in arriving at a recommendation:
(a) The interest and welfare of the public, and all factors normally a part of sound fiscal policy, including, without limitation, the cost of living and the financial ability of the City to bear the costs involved;
(b) The lawful authority of the City;
(c) Stipulations of the parties;
(d) Comparison of the terms or conditions of employment of the employees involved with other employees performing similar services in public employment in comparable Colorado communities, including, without limitation, overall compensation received in the form of direct wages, paid leave, insurance benefits, retirement contributions, the continuity and stability of employment, and all other benefits received.
Standards for Decision. The provisions of California Code of Civil Procedure, §§ 640, 641, 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, §§ 644 and 645, the parties agree that the referee shall decide issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, §§ 631.8 and 632, and California Rules of Court, Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the state of California, unless the parties stipulate to the contrary.
Standards for Decision. The provisions of the California Code of Civil Procedure, Part 2, Title 8, Chapter 6, shall be applicable to Dispute resolution by reference hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure Sections 644 and 645, the parties agree that the Referee shall decide issues of fact and law submitted for decision in the same manner as required for a trial court as set forth in the California Code of Civil Procedure, Part 2, Title 8, Chapter 5, and California Rules of Court Rule 3.1590, except that, a statement of decision and judgment shall be prepared as set forth below.
Standards for Decision. To the extent consistent with the ---------------------- terms of this Agreement, the provisions of California Code of Civil Procedure, Sections 642, 643, 644 and 645 shall be applicable to dispute resolution by a referee hereunder. In an effort to clarify and amplify the provisions of California Code of Civil Procedure, Sections 644 and 645, Landlord and Tenant agree that the referee shall decide issues of fact and law submitted by Landlord and Tenant for decision in the same manner as required for a trial by court as set forth in California Code of Civil Procedure, Sections 631.8 and 632, and California Rules of Court Rule 232. The referee shall try and decide the dispute according to all of the substantive and procedural law of the State of California, unless Landlord and Tenant stipulate to the contrary. When the referee has decided the dispute, the referee shall also cause the preparation of a judgment based on said decision. The judgment to be entered by the Superior Court will be based upon the decision of the referee. Landlord and Tenant agree that the referee's decision shall be appealable in the same manner as if the judge signing the judgment had tried the case.