Statement of defense Sample Clauses

Statement of defense. (a) Within thirty (30) calendar days of receiving the application (as per section 1.1), the statement of claim (as per section 1.2), and their exhibits and annexures, the defendant shall file its statement of defense. The statement of defense shall set forth the full contact information of defense counsel and shall respond to the substance of the factual assertions in the statement of claim. To the extent that the defendant is in possession of material documents (such as a waiver) that prove its defense(s), the defendant shall file them with its statement of defense. (b) Notwithstanding any provision in the Arbitration Agreement, if the defendant is of the view that adjudication of the Dispute requires more than one arbitrator, the statement of defense shall include a Multiple Arbitrator Statement; otherwise, the defendant shall, subject to section 2.3, be deemed to have waived any right (contractual or otherwise) to request that the Dispute be adjudicated by more than one arbitrator. (c) If the defendant is of the view that the substantive law of a jurisdiction other than Israel applies (in whole or in part) to the Arbitration Agreement, the defendant shall so state in its statement of defense. (d) The statement of defense may set forth the defendant's views concerning any special requirement(s) with respect to the field(s) of expertise of the arbitrator(s). (e) If the defendant is of the view that the arbitrator(s) should be (a) lawyer(s) or a retired judge(s), the statement of defense shall so state. (f) As applicable, the statement of defense shall address the following issues with reasonable detail: (i) any claim of fraud, deceit, misrepresentation, undue influence, and the like; and (ii) whether the defendant is of the view that any issue in the Dispute is governed (in whole or in part) by the Standard Contracts Law. (g) If a defendant does not timely file its statement of defense, the IICA may summon that defendant to appear before it, with the warning that, if the defendant does not appear, the IICA may render a default arbitral award in the amount sought in the statement of claim. Nothing in this subsection (g) shall derogate from the jurisdiction of the IICA to require a claimant to submit proof concerning the amount of damages or appropriateness of other remedy(ies) that it seeks. Until such time as an arbitrator is appointed, the President may exercise the jurisdiction conferred by this subsection.
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Related to Statement of defense

  • Statement of Compliance Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

  • False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract.

  • Statement of Grievance The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought.

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  • Right to Review Tax Returns To the extent that the positions taken on any Tax Return would reasonably be expected to materially affect the Tax position of the Party other than the Party that is required to prepare and file any such Tax Return pursuant to Section 3.1 or 3.2 (the “Reviewing Party”), the Party required to prepare and file such Tax Return (the “Preparing Party”) shall prepare the portion of such Tax Return that relates to the business of the Reviewing Party (the Kellanova Business or the WKKC Business, as the case may be), shall provide a draft of such portion of such Tax Return to the Reviewing Party for its review and comment at least thirty (30) days prior to the due date for such Tax Return (taking into account any applicable extensions), and shall modify such portion of such Tax Return before filing to include the Reviewing Party’s reasonable comments.

  • Disclosure of Contractor Parties Litigation The Contractor shall require that all Contractor Parties, as appropriate, disclose to the Contractor, to the best of their knowledge, any Claims involving the Contractor Parties that might reasonably be expected to materially adversely affect their businesses, operations, assets, properties, financial stability, business prospects or ability to Perform fully under the Contract, no later than ten (10) Days after becoming aware or after they should have become aware of any such Claims. Disclosure shall be in writing.

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