When Required. An Amendment to the Underlying Agreement is required under the following circumstances:
When Required. The Cooperative may require a deposit if:
When Required. Any dispute subject to this Exhibit that has not been resolved through the informal or mediation procedures specified herein shall be resolved by arbitration in accordance with the procedures specified herein; provided, however, that unless all parties agree to arbitrate, (a) any dispute subject to the jurisdiction of any regulatory authority shall only be heard by such regulatory authority, and (b) any dispute wherein one party seeks an injunction or other equitable relief shall be heard only by a court having jurisdiction over the matter.
When Required. The University may discipline without prior notice of intent by counseling memo, written warning, or suspension without pay for five (5) working days or less. The University shall provide written notice, as described in Section C.2. below, of intent to discipline by suspension without pay for more than five (5) working days, demotion, or dismissal.
When Required. Any dispute as to a matter: (i) governed by one of the Related PJM Agreements that has not been resolved through the mediation procedures specified herein, (ii) involving a claim that one or more of the parties owes or is owed a sum of money, and (iii) the amount in controversy is less than $1,000,000.00, shall be subject to binding arbitration in accordance with the procedures specified herein. If the parties so agree, any other disputes as to a matter governed by a Related PJM Agreement may be submitted to binding arbitration in accordance with the procedures specified herein.
When Required. The parties to a dispute shall undertake good-faith negotiations to resolve any dispute as to a matter governed by one of the Related PJM Agreements. Each party to a dispute shall designate an executive with authority to resolve the matter in dispute to participate in such negotiations. Any dispute as to a matter governed by one of the Related PJM Agreements that has not been resolved through good-faith negotiation shall be subject to non-binding mediation prior to the initiation of arbitral, regulatory, judicial, or other dispute resolution proceedings as may be appropriate as provided by these PJM Dispute Resolution Procedures.
When Required. Any dispute subject to the procedures specified in this Exhibit shall be subject first to the informal dispute resolution procedures specified herein.
When Required. 2 3.2 Procedures........................................ 2 3.2.1 Initiation...................................... 2 3.2.2
When Required. 4 4.2 Binding Decision.................................. 4 4.3 Initiation........................................ 4 4.4 Selection of Arbitrator(s)........................ 4 4.5 Procedures........................................ 5 4.6 Summary Disposition and Interim Measures.......... 5 4.6.1
When Required. Developer shall run new projections and calculations under the Financial Model Formulas to establish a Base Case Financial Model Update (a) as of the date of Financial Close as described in Section 3.6.3 and (b) whenever (i) a Compensation Event occurs, (ii) a Refinancing occurs in which TxDOT participates in the Refinancing Gain, (iii) a Tolling Method Change occurs in which TxDOT participates in the Tolling Method Gain, (iv) the CDA Documents are amended and the Parties agree that the amendment has a material effect on future costs or Toll Revenues and (v) a Relief Event extends the Term. In no event shall the Financial Model Formulas be changed except with the prior approval of both Parties, each in its discretion. When running new projections and calculations under the Financial Model Formulas to establish a Base Case Financial Model Update pursuant to Section 4.3.1(b), Developer shall incorporate only those changes caused by the event for which the Base Case Financial Model Update is being prepared; unrelated changes caused by the actual performance of the Project shall be disregarded.
