Adjudication. Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
Adjudication. 22.3.1 When operational requirements permit, the Council will grant leave with pay to an employee who is:
Adjudication. On or after the two hundred seventieth (270th) day following the date the claim is filed with TFC, unless the parties agree in writing to an extension of time, PSP may adjudicate any claim in accordance with and to the extent permitted under the Texas Civil Practice and Remedies Code, Chapter 114 or the Texas Government Code, Chapter 2260.
Adjudication. In the event of a Dispute, Indemnitee shall be entitled to an adjudication in an appropriate court in the State of Delaware, or in any other court of competent jurisdiction, of Indemnitee’s entitlement to such indemnification or advancement of Expenses. Alternatively, Indemnitee, at Indemnitee’s option, may seek an award in arbitration to be conducted by a single arbitrator pursuant to the rules of the American Arbitration Association. Indemnitee shall commence such proceeding seeking an adjudication or an award in arbitration within 180 days following the date on which Indemnitee first has the right to commence such proceeding pursuant to this Section 9(b). The Company shall not oppose Indemnitee’s right to seek any such adjudication or award in arbitration.
Adjudication. In the event that (i) a determination is made pursuant to Section 5.2 or 5.3 that Indemnitee is not entitled to indemnification under this Agreement; (ii) advancement of Expenses is not timely made pursuant to Section 4.1; (iii) Independent Counsel is to determine Indemnitee’s entitlement to indemnification hereunder, but does not make that determination within 90 days after receipt by the Company of the request for that indemnification; or (iv) payment of indemnification is not made within 10 days after a determination of entitlement to indemnification has been made or deemed to have been made pursuant to Section 5.2, 5.3 or 5.4, Indemnitee shall be entitled to an adjudication in an appropriate court of the State of Delaware, or in any other court of competent jurisdiction, of his entitlement to such indemnification or advancement of Expenses. In the event that a determination shall have been made that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 6.1 shall be conducted in all respects as a de novo trial on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any judicial proceeding commenced pursuant to this Section 6.1, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be. If a determination shall have been made or deemed to have been made that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding commenced pursuant to this Section 6.1, or otherwise. The Company shall be precluded from asserting in any judicial proceeding commenced pursuant to this Section 6.1 that the procedures and presumptions of this Agreement are not valid, binding and enforceable, and shall stipulate in any such proceeding that the Company is bound by all provisions of this Agreement. In the event that Indemnitee, pursuant to this Section 6.1, seeks a judicial adjudication to enforce his rights under, or to recover damages for breach of, this Agreement, (i) Indemnitee shall be entitled to recover from the Company, and shall be indemnified by the Company against, any and all Expenses actually and reasonably incurred by him in such judicial adjudication, regardless of whether he prevails therein, and (ii) any determination made pursuant to Section 5.2 or 5.3 that Indemnitee is not entitled to indemnification under this Agreement sh...
Adjudication. 15.01 The provisions of the Public Service Labour Relations Act and Regulations governing the adjudication of grievances shall apply to grievances lodged under the terms of this Agreement.
Adjudication. (a) Employee who is a Party Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.
Adjudication. Without prejudice to clauses 18.1 - 18.3 (Consultation), and clauses 18.4 – 18.7 (Mediation) any Disputing Partner may give the other(s) notice of the intention to refer the dispute to adjudication and the Adjudicator shall be selected in accordance with clause 18.9. The Adjudicator nominated to consider a dispute referred to him shall be agreed by the Disputing Partners or in default of agreement selected by the Centre for Effective Dispute Resolution. Within 5 Business Days of appointment in relation to a particular dispute, the Adjudicator shall require the Disputing Partners to submit in writing their respective arguments. The Adjudicator shall, in his absolute discretion, consider whether a hearing is necessary in order to resolve the dispute. In any event, the Adjudicator shall provide to all Disputing Partners his written decision on the dispute, within 20 Business Days of appointment (or such other period as the Disputing Partners may agree after the reference, or 30 Business Days from the date of reference if the Disputing Partner which referred the dispute agrees). Unless the Disputing Partners otherwise agree, the Adjudicator shall give reasons for his decision. Nothing contained in the HWPA shall prevent a dispute being referred to the courts of England and Wales. Unless and until revised, cancelled or varied by the courts of England and Wales, the Adjudicator's decision shall be binding on both Disputing Partners who shall forthwith give effect to the decision. The Adjudicator's costs of any reference shall be borne as the Adjudicator shall specify or, in default, equally by the Disputing Partners. Each Disputing Partner shall bear its own costs arising out of the reference, including legal costs and the costs and expenses of any witnesses. The Adjudicator shall be deemed not to be an arbitrator but shall render his decision as an expert and the provisions of the Arbitration Xxx 0000 and the law relating to arbitration shall not apply to the Adjudicator or his determination or the procedure by which he reached his determination. The Adjudicator shall act impartially and may take the initiative in ascertaining the facts and the law. The Adjudicator shall have the power to open up, review and revise any opinion, certificate, instruction, determination or decision of whatever nature given or made under this Agreement. All information, data or documentation disclosed or delivered by a Disputing Partner to the Adjudicator in consequence of or in co...
Adjudication. Either party is entitled to seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party and such claims shall not be subject to the dispute resolution procedures set forth in this Section 5. The interim or provisional relief is to remain in effect until the arbitration award is rendered or the controversy is otherwise resolved. By doing so, the party does not waive any right or remedy under this Agreement. The parties are entitled to seek judgment on the award in any court having jurisdiction thereof.
Adjudication. Adjudication means a construction dispute interim adjudication under Part B.1 of the Construction Act.