Common use of Time Limits and Procedures Clause in Contracts

Time Limits and Procedures. The aggrieved party must give written notice of any claim to the other party within six months of the date the aggrieved first knew or should have known of the facts giving rise to the claim (or a greater period of time, if allowed by an applicable statute of limitations), otherwise, the claim shall be deemed waived. The written notice shall describe the nature of all claims asserted and the facts upon which such claims are based and shall be mailed to the other party by certified or registered mail, return receipt requested. Any such notice mailed to the Company shall be addressed to: Xxxxxx X. Xxxxxxx Senior Vice President & General Counsel XXXXXXXX OFFSHORE OPERATORS, LLC 000 Xxxxxxxxx Xxxx., Xxxxx Xxxxx Xxxxxxxxx, XX 00000 Any mediation or arbitration conducted pursuant to this Agreement shall take place in Covington, Louisiana or the location of the office to which the employee was assigned, unless the employee’s most recent work location with the Company is outside Louisiana, in which case the mediation and arbitration will take place in such other location. The arbitrator shall render a decision and award within 30 days after the close of the arbitration hearing or at any later time on which the parties may agree. The award shall be in writing and signed and dated by the arbitrator and shall contain express findings of fact and the basis for the award. The parties will pay AAA’s administrative fee pursuant to AAA guidelines for employer promulgated plans. The Company shall bear the arbitrator’s fees and expenses. All other costs and expenses associated with the arbitration, including without limitation, the parties’ respective attorneys’ fees, shall be borne by the party incurring the expense. However, if the parties arbitrate a statutory claim which allows for an award of costs and attorney’s fees, the arbitrator may award such costs and fees consistent with the term of the statute and pertinent case law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law.

Appears in 6 contracts

Samples: Restricted Stock Unit Agreement (Hornbeck Offshore Services Inc /La), Restricted Stock Unit Agreement (Hornbeck Offshore Services Inc /La), Restricted Stock Unit Agreement (Hornbeck Offshore Services Inc /La)

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Time Limits and Procedures. The aggrieved party must give written notice of any claim to the other party within six (6) months of the date the aggrieved first knew or should have known of the facts giving rise to the claim (or a greater period of time, if allowed by an applicable statute of limitations), otherwise, the claim shall be deemed waived. The written notice shall describe the nature of all claims asserted and the facts upon which such claims are based and shall be mailed to the other party by certified or registered mail, return receipt requested. Any such notice mailed to the Company shall be addressed to: Xxxxxx X. Xxxxxxx Senior Vice President & General Counsel XXXXXXXX OFFSHORE OPERATORSXxxxxxxx Offshore Operators, LLC 000 Xxxxxxxxx Xxxx., Xxxxx Xxxxx 000 Xxxxxxxxx, XX 00000 LA 70433 Any mediation or arbitration conducted pursuant to this Agreement Procedure shall take place in Covington, Louisiana or the location of the office to which the employee was assigned, unless the employee’s most recent work location with the Company is outside Louisiana, in which case the mediation and arbitration will take place in such other location. The arbitrator shall render a decision and award within 30 days after the close of the arbitration hearing or at any later time on which the parties may agree. The award shall be in writing and signed and dated by the arbitrator and shall contain express findings of fact and the basis for the award. The parties will pay AAA’s administrative fee pursuant to AAA guidelines for employer promulgated plans. The Company shall bear the arbitrator’s fees and expenses. All other costs and expenses associated with the arbitration, including without limitation, the parties’ respective attorneys’ fees, shall be borne by the party incurring the expense. However, if the parties arbitrate a statutory claim which that allows for an award of costs and attorney’s attorneys’ fees, the arbitrator may award such costs and fees consistent with the term of the statute and pertinent case law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Hornbeck Offshore Services Inc /La)

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Time Limits and Procedures. The aggrieved party must give written notice of any claim to the other party within six (6) months of the date the aggrieved first knew or should have known of the facts giving rise to the claim (or a greater period of time, if allowed by an applicable statute of limitations), otherwise, the claim shall be deemed waived. The written notice shall describe the nature of all claims asserted and the facts upon which such claims are based and shall be mailed to the other party by certified or registered mail, return receipt requested. Any such notice mailed to the Company shall be addressed to: Xxxxxx X. Xxxxxxx Senior Vice President & General Counsel XXXXXXXX OFFSHORE OPERATORSXxxxxxxx Offshore Operators, LLC 000 Xxxxxxxxx Xxxx., Xxxxx Xxxxx 000 Xxxxxxxxx, XX 00000 Any mediation or arbitration conducted pursuant to this Agreement Procedure shall take place in Covington, Louisiana or the location of the office to which the employee was assigned, unless the employee’s 's most recent work location with the Company is outside Louisiana, in which case the mediation and arbitration will take place in such other location. The arbitrator shall render a decision and award within 30 days after the close of the arbitration hearing or at any later time on which the parties may agree. The award shall be in writing and signed and dated by the arbitrator and shall contain express findings of fact and the basis for the award. The parties will pay AAA’s administrative fee pursuant to AAA guidelines for employer promulgated plans. The Company shall bear the arbitrator’s fees and expenses. All other costs and expenses associated with the arbitration, including without limitation, the parties’ respective attorneys’ fees, shall be borne by the party incurring the expense. However, if the parties arbitrate a statutory claim which that allows for an award of costs and attorney’s attorneys’ fees, the arbitrator may award such costs and fees consistent with the term of the statute and pertinent case law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The award may be vacated or modified only on the grounds specified in the Federal Arbitration Act or other applicable law.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Hornbeck Offshore Services Inc /La)

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