Common Issues Sample Clauses

The 'Common Issues' clause identifies and addresses typical problems or disputes that may arise during the execution of an agreement. It often outlines procedures for handling recurring matters such as delays, payment discrepancies, or misunderstandings about deliverables, providing guidance on how parties should respond. By proactively acknowledging these potential issues, the clause helps prevent confusion and streamlines the resolution process, ultimately reducing the risk of conflict and ensuring smoother contract performance.
Common Issues. (1) The Plaintiffs agree that, in the motions for certification or authorization of the Proceedings as class proceedings for settlement purposes and for the approval of this Settlement Agreement, the only common issues that they will seek to define are the Common Electrolytic Issue and the Common Film Issue, and the only classes that they will assert are the Ontario Electrolytic Settlement Class, the Ontario Film Settlement Class, the Québec Settlement Class and the BC Electrolytic Settlement Class.
View SourceView Similar (4)
Common Issues. The common issues to be certified as against the Settling Parties will be: i. Did FMP breach its contracts with the Class members? If so, how? ii. Did FMP owe a fiduciary duty to the Class members, and if so, in what respect? If yes, did FMP breach its fiduciary duty owed to the Class members, and if so, how? iii. Did the Settling Parties owe a duty of care to the Class members with respect to the claims asserted against them in negligence or negligent misrepresentation? iv. If the Settling Parties owed a duty of care to the Class members with respect to the claims in negligence or negligent misrepresentation, what was the applicable standard of care for the Settling Parties? v. If the Settling Parties owed a duty of care to the Class members with respect to the claim in negligence or negligent misrepresentation, did the Settling Parties breach the applicable standard of care? If so, how? vi. Did FMP make fraudulent misrepresentations to the Class members, and, if so, is FMP liable to the Class with respect thereto? vii. Did FMP conspire with any one or more of Fortress Real Capital Inc., Fortress Real Developments Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Building & Development Mortgages Canada Inc., or others, with the intent to cause harm to the Class members? If so, did the conspiracy cause harm to the Class members? viii. Can the Class members’ damages be assessed, in whole or in part, in the aggregate, and if so, what is the quantum of their aggregate damages?
View SourceView Similar (4)
Common Issues. The Parties to this Memorandum of Understanding share the common understanding that is stated below:
View Source
Common Issues. Notwithstanding any other provision of this Agreement, if a dispute arises relating to return allowance under Exhibit “F” of the Benefits Agreement and such dispute includes any issue arising under or relating to Section 4.11 of this Agreement (or if disputes arise that involve any issues common to both the Benefits Agreement and this Agreement), there shall be one arbitration of those disputes pursuant to the Dispute Resolution Procedure of the Benefits Agreement, and all of the provisions of the Dispute Resolution Procedure of the Benefits Agreement shall apply to such arbitration.
View Source
Common Issues.  ICSMS It was found that there were no current guidelines / guidance documents by the Commission stemming from the European regulations as to address WHEN and FOR WHICH PARTICULAR MARKET SUVEILLANCE PROCESSES (taking into account effectiveness and usefulness) such a system is to be used by market surveillance authorities. Is it for all individual ms activities or is it just for those products sent for sampling? This is only an example and more guidance is needed to ensure that the system will be used in the same manner by all ms authorities and in a realistic way considering the administrative burden.  Online sales Online sales was also an area where possibly not enough has been done. Some Member States have started to focus on this particular issue and some even have particular units to address this issue. The authorities are currently still waiting for the guidance document to be issued by the special working group at Commission level. This document was announced as a draft by the end of this summer. However, it has not yet been finalized and ms authorities really need to have some overall guidance in the area of online sales so that one can ensure that there is a basic level of a consistent approach at European level.  Screening Equipment During the CIMS Review, screening equipment for toys was mentioned a number of times. The small cylinder test and other basic equipment was being used by market surveillance inspectors in the area of toys. In order to try to rationalize available resources and tools between the market surveillance authorities, it was agreed that a list of screening equipment used particularly by inspectors on toys will be listed by each participating authority in a document and sent to the Task Leader and Task Coordinator so that this is further shared with participants from JA2014.
View Source

Related to Common Issues

  • Preference Issues If any Senior Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to disgorge, turn over or otherwise pay any amount to the estate of the Company or any other Grantor (or any trustee, receiver or similar Person therefor), because the payment of such amount was declared to be fraudulent or preferential in any respect or for any other reason, any amount (a “Recovery”), whether received as proceeds of security, enforcement of any right of setoff or otherwise, then the Senior Obligations shall be reinstated to the extent of such Recovery and deemed to be outstanding as if such payment had not occurred and the Senior Secured Parties shall be entitled to the benefits of this Agreement until a Discharge of Senior Obligations with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto. Each Second Priority Representative, for itself and on behalf of each Second Priority Debt Party under its Second Priority Debt Facility, hereby agrees that none of them shall be entitled to benefit from any avoidance action affecting or otherwise relating to any distribution or allocation made in accordance with this Agreement, whether by preference or otherwise, it being understood and agreed that the benefit of such avoidance action otherwise allocable to them shall instead be allocated and turned over for application in accordance with the priorities set forth in this Agreement.

  • Open Issues (a) Notwithstanding any provision of the Registry Agreement to the contrary (including Sections 7.6 and 7.7 thereof), Registry Operator agrees that the following requirements, procedures and provisions of the Registry Agreement (including the documents incorporated by reference therein) may be modified and amended by ICANN after the date hereof, without the consent of Registry Operator: i. Specification 6 – Registry Interoperability and Continuity Specifications; ii. Trademark Clearinghouse Requirements (§ 1 of Specification 7 of the Registry Agreement); iii. Trademark Post-­‐Delegation Dispute Resolution Procedure (§ 2.a of Specification 7 of the Registry Agreement);

  • Other Issues Upon any issuance by the Company of shares of Common Stock on or after the Initial Issue Date (other than issuances of stock requiring adjustments hereunder pursuant to the immediately preceding subsections (a) and (b) of this Section 6) for a consideration lower than the Market Price per share of stock in effect immediately prior to such issuance, the Purchase Price then in effect shall be reduced to equal the following amount: [(D x E) + F] G x ------------- C x E where C equals the number of shares of Common Stock to be outstanding immediately after such additional issuance, D equals the number of shares of Common Stock outstanding immediately prior to the issue of such additional Common Stock, E equals the Market Price per share of stock in effect immediately prior to the issue of such additional Common Stock, F equals the aggregate consideration (before deducting underwriting discounts, commissions, and other expenses) received or to be received by the Company in connection with the issuance of such additional Common Stock, and G equals the Purchase Price which would have been in effect immediately prior to such issuance had all previous adjustments (if any) under this subsection (c) been made pursuant to the foregoing formula. Upon any such reduction in the Purchase Price, the number of Warrant Shares purchasable upon the exercise of this Warrant shall be correspondingly increased. The provisions of this subsection (c) shall not be applicable to any issuance of Common Stock upon actual exercise or actual conversion of any option, warrant, right, or other security convertible into or exercisable for Common Stock if the Purchase Price was fully and properly adjusted pursuant to the immediately following subsection (d) at the time such option, warrant, right, or other security was issued.

  • Issues Prior to the start of an arbitration hearing under this Agreement, the Employer and the Union shall attempt to reduce to writing the issue or issues to be placed before the arbitrator. The arbitrator’s decision shall address itself solely to the issue or issues presented and shall not impose upon either party any restriction or obligation pertaining to any matter raised in the dispute which is not specifically related to the submitted issue or issues.

  • Tax Issues The parties agree that the payments and benefits provided under this Agreement, and all other contracts, arrangements or programs that apply to him/her, shall be subject to Section 16 of the Employment Agreement.