Binding Determination. The determination of the committee regarding the appropriate order of layoff shall be final and binding and may not be grieved or appealed.
Binding Determination. The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of their selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.
Binding Determination. Except as provided by the Rules, arbitration will be the sole, exclusive and final remedy for any dispute between Company and Consultant. Accordingly, except as provided for by the Rules, neither Company nor Consultant will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require Company to adopt a policy not otherwise required by law which Company has not adopted.
Binding Determination. In the event of any dispute or disagreement between any Unit Owners relating to the Property; or the use, right to use or maintenance of any Common Element; or any other questions or interpretation or application of the provisions of this Amended and Restated Master Deed, the By-Laws or any Rule or Regulation, the determination of the Board shall be final and binding on each and all Unit Owners.
Binding Determination. Each of the Company, the Security Trustee and each Lender agree that any determination made by the Independent Appraiser in any Independent Appraiser's Certificate shall be binding on each party, absent manifest error.
Binding Determination. The Governing Board alone has the sole power to render final and binding determination of a grievance. The recommendation of the impartial Arbitrator shall only be advisory; and if, upon review, the Board Members determine that they, as a body, are unable to render a final determination on the record, they may reopen the record for the taking of additional evidence.
Binding Determination. All determinations made by the Accounting Firm under this Section 9 shall be binding upon the Company and the Executive and shall be made as soon as reasonably practicable and in no event later than fifteen (15) days following the Date of Termination.
Binding Determination. Adjustments under Sections 11.1 and 11.2 shall be made by the Committee, and its determination as to what adjustments shall be made and the extent thereof shall be final, binding, and conclusive.
Binding Determination. If a determination shall have been made pursuant to Section 2 of this Article V hereof that the claimant is entitled to indemnification, the Corporation shall be bound by such determination in any judicial proceeding commenced pursuant to Section 3 of this Article V hereof.
