Arbitrator’s Recommendation Sample Clauses

The "Arbitrator’s Recommendation" clause establishes that, in the event of a dispute between parties, an arbitrator may provide a non-binding recommendation or proposed resolution before any final decision is made. Typically, this process involves the arbitrator reviewing the facts and arguments presented by both sides and then suggesting a way to settle the dispute, which the parties can choose to accept or reject. The core practical function of this clause is to encourage early settlement and reduce the time and costs associated with formal arbitration by offering a neutral, expert perspective on the likely outcome.
Arbitrator’s Recommendation a. The Board shall adopt the arbitrator’s recommendation at its next regular meeting after receipt, providing a minimum of ten (10) days elapse from receipt to the Board meeting. b. The Chancellor may meet with the grievant and representatives to discuss other alternative solutions, if the arbitrator’s decision would result in a proven financial hardship for the District. Any meeting to discuss alternative solutions does not release the District from the binding award recommended by the arbitrator unless agreed to in writing by the District and Faculty Association.
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Arbitrator’s Recommendation. (a) The Board shall adopt the arbitrator’s recommendation at its next regular meeting after receipt, providing a minimum of ten (10) days have elapsed from receipt prior to the Board meeting, and providing neither party moves to correct or vacate the award pursuant to the California Code of Civil Procedures. (b) The Chancellor may meet with the grievant and representatives to discuss other alternative solutions, if the arbitrator’s decision would result in a proven financial hardship for the District. Any meeting to discuss alternative solutions does not release the District from the binding award recommended by the arbitrator unless agreed to in writing by the District and Faculty Association. 4181 4182 4183 4184 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222 4223 4224
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Arbitrator’s Recommendation. (a) The Board shall adopt the arbitrator’s recommendation at its next regular meeting after receipt, providing a minimum of ten (10) days elapse from receipt to the Board meeting. (b) The Chancellor may meet with the grievant and representatives to discuss other alternative solutions, if the arbitrator’s decision would result in a proven financial hardship for the District. Any meeting to discuss alternative solutions does not release the District from the binding award recommended by the arbitrator unless agreed to in writing by the District and Faculty Association. 3504 3505 3506 3507 3508 3509 3510 3511 3512 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 3528 3529 3530 3531 3532 3533 3534 3535 3536 3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 3548
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Arbitrator’s Recommendation. The Board shall adopt the arbitrator’s recommendation at its next regular meeting after receipt, providing a minimum of ten (10) days have elapsed from receipt to the Board meeting.
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Arbitrator’s Recommendation. The arbitrator shall hold the necessary hearings promptly and issue his/her recommendation in writing within thirty (30) days from the date the record is closed, if possible. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement, nor add to, detract from or modify the language therein arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Additionally, the arbitrator shall not make a recommendation that is contrary to law. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to decide any other issue(s) not submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching his/her recommendation.
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Arbitrator’s Recommendation. The arbitrator shall limit himself to the issues submitted to him which fall within the scope of the contract. He can add nothing to, nor subtract anything from, the Agreement between parties or any policy of the Board of Education. The arbitrator shall issue a written opinion and award setting forth the reasons for the arbitrator’s conclusions, which award shall be final and binding on the parties.
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Related to Arbitrator’s Recommendation

  • Board Recommendation The Acquiror Company Board, by unanimous written consent, has determined that this Agreement and the transactions contemplated by this Agreement are advisable and in the best interests of the Acquiror Company’s stockholders and has duly authorized this Agreement and the transactions contemplated by this Agreement.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • Change of Recommendation Notwithstanding anything in this Agreement to the contrary, at any time prior to obtaining the Company Stockholder Approval, the Company’s Board of Directors may, if it concludes in good faith (after consultation with its financial advisors and outside legal advisors) that the failure to take such action would be inconsistent with its fiduciary duties under applicable Law, make an Adverse Recommendation Change; provided that prior to any such Adverse Recommendation Change, (A) the Company shall have given Parent and Merger Sub prompt written notice advising them of (x) the decision of the Company’s Board of Directors to take such action and the reasons therefor and (y) in the event the decision relates to an Alternative Transaction Proposal, a summary of the material terms and conditions of the Alternative Transaction Proposal and other information requested to be provided with respect thereto pursuant to this Section 5.4, including the information required to be provided pursuant to Section 5.4(b) and (c), (B) the Company shall have given Parent and Merger Sub three (3) Business Days (the “Notice Period”) after delivery of each such notice to propose revisions to the terms of this Agreement (or make another proposal) and, during the Notice Period, the Company shall, and shall direct its financial advisors and outside legal advisors to, negotiate with Parent in good faith (to the extent Parent desires to negotiate) to make such adjustments in the terms and conditions of this Agreement so that, if applicable, such Alternative Transaction Proposal ceases to constitute (in the judgment of the Company’s Board of Directors, after consultation with its financial advisors and outside legal advisors), a Superior Proposal or, if the Adverse Recommendation Change does not involve an Alternative Transaction Proposal, to make such adjustments in the terms and conditions of this Agreement so that such Adverse Recommendation Change is otherwise not necessary, and (C) the Company’s Board of Directors shall have determined in good faith, after considering the results of such negotiations and giving effect to the proposals made by Parent and Merger Sub, if any, that such Alternative Transaction Proposal, if applicable, continues to constitute a Superior Proposal or that such Adverse Recommendation Change is otherwise still required; provided further that, (1) if during the Notice Period described in clause (B) of this paragraph any revisions are made to the Superior Proposal, if applicable, and the Company’s Board of Directors in its good faith judgment determines (after consultation with its financial advisors and outside legal advisors) that such revisions are material (it being understood that any change in the purchase price or form of consideration in such Superior Proposal shall be deemed a material revision), the Company shall deliver a new written notice to Parent and shall comply with the requirements of this Section 5.4(d) with respect to such new written notice except that the new Notice Period shall be two (2) Business Days instead of three (3) Business Days and (2) in the event the Company’s Board of Directors does not make the determination referred to in clause (C) of this paragraph but thereafter determines to make an Adverse Recommendation Change pursuant to this Section 5.4(d), the procedures referred to in clauses (A), (B) and (C) above shall apply anew and shall also apply to any subsequent withdrawal, amendment or change.