Time Limit on Claims. Claims by Consultant must be initiated in writing to City within twenty-one (21) calendar days after the occurrence of the event giving rise to such Claim.
Time Limit on Claims. No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Company shall be valid for a period prior to the date the grievance was first filed in writing unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that the employee, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) days prior to the date the claim was first filed in writing. Deductions from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was made to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee.
Time Limit on Claims. (a) No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Company shall be valid for a period prior to the date the grievance was first filed in writing or the date, if any, that the grievance asserts (and the Supervisor acknowledges) the specific claim of back wages was orally discussed with the Supervisor in the First Step of the Grievance Procedure, whichever date is earlier, unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that the employee, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) days prior to the applicable starting date as set forth above.
(b) Deduction from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was delivered to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee. The requirements of this Subsection (b) shall not apply, however, in cases of pay advancements or payment of full salary made to an employee prior to submission of required evidence of eligibility of the employee for, but not limited to, such benefits as Salary Continuation, Sickness and Accident benefits, Bereavement Pay and Jury Duty. Recovery of such payment will be made within a reasonable time after the Company has determined the employee does not qualify for the payment. This provision with respect to recovery of overpayment shall in no way affect or change the Company’s policies or procedures with respect to payment of such benefits.
Time Limit on Claims. A. All claims or grievances must be presented in writing by or on behalf of the employe involved, to the officer of the Carrier authorized to receive same, within 60 days from the date of the occurrence on which the claim or grievance is based. Should any such claim or grievance be disallowed, the carrier shall, within 60 days from the date same is filed, notify whoever filed the claim or grievance (the employe or his representative) in writing of the reasons for such disallowance. If not so notified, the claim or grievance shall be allowed as presented, but this shall not be considered as a precedent or waiver of the contentions of the Carrier as to other similar claims or grievances.
B. If a disallowed claim or grievance is to be appealed, such appeal must be in writing and must be taken within 60 days from receipt of notice of disallowance, and the representative of the Carrier shall be notified in writing within that time of the rejection of his decision. Failing to comply with this provision, the matter shall be considered closed, but this shall not be considered as a precedent or waiver of the contentions of the employes as to other similar claims or grievances. It is understood, however, that the parties may, by agreement, at any stage of the handling of a claim or grievance on the property, extend the 60-day period for either a decision or appeal, up to and including the highest officer of the Carrier designated for that purpose.
C. The requirements outlined in paragraphs A and B, pertaining to appeal by the employe and decision by the Carrier, shall govern in appeals taken to each succeeding officer, except in cases of appeal from the decision of the highest officer designated by the Carrier to handle such disputes. All claims or grievances involved in a decision by the highest designated officer shall be barred unless within 9 months from the date of said officer's decision proceedings are instituted by the employe or his duly authorized representative before the appropriate division of the National Railroad Adjustment Board or a system, group or regional board of adjustment that has been agreed to by the parties hereto as provided in Section 3 Second of the Railway Labor Act. It is understood, however, that the parties may by agreement in any particular case extend the 9 months' period herein referred to.
D. A claim may be filed at any time for an alleged continuing violation of any agreement and all rights of the claimant or claimants involved ...
Time Limit on Claims. Claims by either party must be made within ten (10) calendar days after occurrence of the event giving rise to such Claim or within ten (10) calendar days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice. An additional Claim made after the initial Claim has been implemented by change order will not be considered. The failure of the Contractor to provide the required Notice shall constitute an express waiver of any right to assert such claim, whether affirmatively or defensively.
Time Limit on Claims. Any claim for Damages under Section 11.08 must be -------------------- made on or before March 31, 1998. A claim shall be made by written notice specifying the nature of the claim and as otherwise provided in Section 11.08 and shall be deemed to be made on the date as provided in Section 16.01. Notwithstanding the foregoing there shall be no time limit on claims involving Assumed Liabilities under Section 2.03.
Time Limit on Claims. (a) No claims, including claims for back wages, by an employee covered by this agreement, or by the Union, against the Company shall be valid for a period prior to the date the grievance was first filed in writing unless the circumstances of the case made it impossible for the employee, or for the Union as the case may be, to know that he, or the Union, had grounds for such a claim prior to that date, in which case the claim shall be limited retroactively to a period of one-hundred and twenty (120) days prior to the date the claim was first filed in writing.
(b) Deductions from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was made to the employee. The notice will specify the amount of the over-payment, and deductions to recover such over-payment shall not commence until the pay period following the pay period in which the notice of over-payment was given to the employee.
Time Limit on Claims. No claim arising out of the sale of the Aircraft, the Beneficial Interests in any Transferring Trust or the Shares in any Transferring Company shall be brought by the Issuers in respect of any breach of the Warranties unless the notice in writing of such claim (specifying in reasonable detail (a) the event matter or default which gives rise to the claim, (b) the breach that results and (c) the amount claimed) has been given to or delivered by the Issuers to the relevant Seller not later than one (1) year after the applicable Closing Date, after which period no claim in respect thereof, pursuant to an indemnity contained herein or otherwise, may be brought against a party hereto, unless notice of a claim of inaccuracy thereof was given prior to the close of such period; provided that no such time limit shall apply in respect of any breach of any Warranty contained in paragraphs 4 and 8.2 of Part 1 of Schedule 1 (collectively, the “Unlimited Warranties”) and; provided further that the applicable time limit in respect of the breach of any Warranty contained in paragraph 6.3 of Part 2 of Schedule 1 or paragraph 1.3 of Part 3 of Schedule 1 shall be the later of (x) one year after the applicable Closing Date and (y) the expiration of the Lease in effect on the date hereof entered into by such Transferring Trust or Transferring Company.
Time Limit on Claims. No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union, against the Corporation shall be valid for a period prior to the date the grievance was filed in writing unless the circumstances of the case made it impossible for the employee, or the Union, had grounds for such claim prior to that date, in which case the claim shall be limited retroactively to a period of thirty (30) days prior to the date was first filed in writing. Deduction from an employee's wages to recover overpayments made in error will not be made unless the employee is notified in writing prior to the end of the month following the month in which the payment in question was delivered to the employee. The notice will specify the amount of the overpayment, and deductions to recover such overpayment shall not commence until the pay period following the pay period in which the notice of overpayment was given to the employee. The requirements of this Subsection (b) shall not apply, however, in cases of pay advancements or payment of full wages made to an employee prior to submission of required evidence of eligibility of the employee for, but not limited to, such benefits as Salary Continuation, Sickness and Accident benefits, Bereavement Pay and Jury Duty. Recovery of such payment will be made within a reasonable time after the Corporation has determined the employee does not qualify for the payment. This provision with respect to recovery of overpayment shall in no way affect or change the Corporation's policies or procedures with respect to payment of such benefits.
Time Limit on Claims. 2.1 Subject to clause 6 the Purchaser shall not be entitled to bring a Relevant Claim unless the Seller has received notice in writing of such Relevant Claim in accordance with paragraph 1 not later than:
2.1.1 in the case of a Warranty Claim, the date falling two years after the Completion Date;
2.1.2 in the case of a Tax Claim, the date specified in paragraph 6 of schedule 5; and
2.1.3 in the case of any other Relevant Claim not covered under paragraph 2.1.1 above (other than a claim against the Seller under, or pursuant to, clause 19), the date falling 12 months after the Completion Date.
2.2 Subject to paragraph 2.3 all rights of the Purchaser in respect of a Relevant Claim notified in accordance with paragraph 2.1 shall absolutely terminate (if such Relevant Claim has not been previously satisfied or settled) if:
2.2.1 legal proceedings in respect of such Relevant Claim, containing full particulars of it, have not been properly issued and validly served on the Seller within six months of the date on which the notice in respect of such Relevant Claim was served pursuant to paragraph 2.1; or
2.2.2 legal proceedings having been issued and served in accordance with paragraph 2.2.1, those proceedings have not been pursued with reasonable diligence by the Purchaser at all times until such time as such Relevant Claim has been satisfied or settled, and the Seller shall have no liability in respect of such Relevant Claim.
2.3 If any Relevant Claim arises by reason of a liability that is future, contingent and/or unquantifiable:
2.3.1 the Seller shall not be under any obligation to make any payment for such Relevant Claim until such time as that liability becomes an actual liability, or is capable of being quantified; and
2.3.2 the Seller shall not be liable for any such contingent and/or unquantifiable Relevant Claim unless legal proceedings in respect of such Relevant Claim, containing full particulars of it, have been properly issued and validly served on the Seller within six months of the date on which the liability becomes an actual liability or has become capable of being quantified, provided that this paragraph 2.3 is without prejudice to the right of the Purchaser to give notice of the Relevant Claim in accordance with paragraph 2.1 and to issue and serve proceedings in respect of it before such time.
