Court Decision Sample Clauses

Court Decision. If the obligation to include any portion of this Article were reversed by Court decision, such portion shall be null and void.
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Court Decision. If any court of competent jurisdiction or administrative agency holds that an "agency shop" clause is invalid, illegal, or unconstitutional, or that it violates any Federal or State law, or that it is in conflict with any Federal or State law and/or regulation or if the Legislature enacts a law forbidding the "agency shop" clause, or any part thereof (which this Article does not conform to or with), this Article shall be null and void and the Association shall reimburse all employees who have been required to pay either dues, fees or service charge, provided such employee must request the Association for reimbursement within thirty (30) calendar days of such court, agency, or legislative decision or action.
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Court Decision. In the event a determination has not been made by the forum described in Section 8(c) or in the event of a determination by such forum from which the Indemnitee has applied to a court pursuant to Section 8(e), if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful; or
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Court Decision. Should a court or administrative body find AB liable or culpable due to Licensee’s manufacture of any Licensed Products or components thereof, covered by this Agreement or due to the sale or distribution of such products by Licensee, its or its distributors, ABI shall have the right to terminate this Agreement immediately upon written notice without Licensee having a right to cure. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. 18
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Court Decision. The court passes a judgment within 15 days from the moment it receives the motion. The court is entitled to return the plea agreement without confirmation due to an absence of sufficient evidence or a violation of the CPC provisions on the motion. If so, the case is returned to the prosecutor’s office to make the decision on the indictment. Before the case is returned to the prosecutor’s office, the court may offer the parties to change the plea agreement’s conditions. The defendant is entitled to refuse such conditions at any stage before the court passes its judgment and to request a substantial review of the case. Such a refusal does not require the approval of the defence attorney. The parties are also entitled to change the conditions of the plea agreement prior to the rendering of a judgment. In the case that the defendant refuses to enter a plea agreement, the defendant will be indemnified from the guilty plea against him. AppeAling JuDgMent Within 15 days from the moment of the judgment’s rendering, the defendant is entitled to file an appeal in a higher instance court to request the cancellation of his decision to accept the plea agreement, if the: • Plea agreement was concluded through deception; • Defendant was limited as to the right to defence; • Plea agreement was the result of coercion, duress or threat; • Presiding judge ignored the legally applicable basic legal requirements. The prosecutor is entitled to file an appeal in a higher instance court within a month if the defendant violates any conditions of the plea agreement. If the court approves the prosecutor’s motion, it abolishes the plea agreement. With regard to the aforementioned, it is interesting to look at a decision of the Supreme Court of Georgia. The prosecutor submitted a complaint to the Supreme Court denouncing the judgment of the Tbilisi District Court Criminal Law Chamber from 5 January 2007 on approving the plea agreement of the convict G.B. The prosecutor’s complaint was based on the fact that the judgment of the Tbilisi District Court Criminal Law Chamber approved the plea agreement between the prosecution and G.B. G.B. was pronounced guilty under Article 338 (2) Sub-paragraph B of the Criminal Code envisaging four years in prison and as an additional penalty G.B. was requested to pay a 500-lari fine. The execution paper relevant to the payment of the additional 500-lari penalty was sent to the Tbilisi Bureau of the Justice Ministry’s Execution Department. According to ...
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Court Decision. The court passes a judgment within 15 days from the moment it receives the motion. The court is entitled to return the plea agreement without confirmation due to an absence of sufficient evidence or a violation of the CPC provisions on the motion. If so, the case is returned to the prosecutor’s office to make the decision on the indictment. Before the case is returned to the prosecutor’s office, the court may offer the parties to change the plea agreement’s conditions. The defendant is entitled to refuse such conditions at any stage before the court passes its judgment and to request a substantial review of the case. Such a refusal does not require the approval of the defence attorney. The parties are also entitled to change the conditions of the plea agreement prior to the rendering of a judgment. In the case that the defendant refuses to enter a plea agreement, the defendant will be indemnified from the guilty plea against him.
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Court Decision. If the legality of any provision of this Agreement is brought into question because of a decision by a court of competent jurisdiction of any country in which this Agreement applies, the Licensor, by written notice to the Licensee, may revise the provision in question or may delete it entirely so as to comply with the decision of that court.
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Related to Court Decision

  • Arbitrator’s Decision 27.3.3.1 The arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the arbitrator's findings of fact and conclusions of law.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth:

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.

  • Litigation and Unilateral Commencement of Arbitration Notwithstanding the foregoing provisions of this Article VII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.1, Section 7.2 and Section 7.3 if such action is reasonably necessary to avoid irreparable damage and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 7.2 and Section 7.3 if (i) such Party has submitted a Mediation Request or Arbitration Request, as applicable, and the other party has failed, within the applicable periods set forth in Section 7.3, to agree upon a date for the first mediation session to take place within thirty (30) days after the appointment of such mediator or such longer period as the Parties may agree to in writing or (ii) such Party has failed to comply with Section 7.3 in good faith with respect to commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR Arbitration Procedure.

  • Arbitration Appeal A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office.

  • Adjudication or Arbitration (a) In the event of any dispute between Indemnitee and the Company hereunder as to entitlement to indemnification or advancement of Expenses (including where (i) a determination is made pursuant to Section 5.02 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (ii) advancement of Expenses is not timely made pursuant to Section 4.01 of this Agreement, (iii) payment of indemnification pursuant to Section 3.01 of this Agreement is not made within ten (10) business days after a determination has been made that Indemnitee is entitled to indemnification, (iv) no determination as to entitlement to indemnification is timely made pursuant to Section 5.02 of this Agreement and no payment of indemnification is made within ten (10) business days after entitlement is deemed to have been determined pursuant to Section 5.03(b)) or (v) a contribution payment is not made in a timely manner pursuant to Section 8.04 of this Agreement, then Indemnitee shall be entitled to an adjudication by a court of his or her entitlement to such indemnification, contribution or advancement. Alternatively, in such case, Indemnitee, at his or her option, may seek an award in arbitration to be conducted by the Hong Kong International Arbitration Centre. The Company shall not oppose Indemnitee’s right to seek any such adjudication or award in arbitration.

  • Independent Decision The Investor is not relying on the Issuer or on any legal or other opinion in the materials reviewed by the Investor with respect to the financial or tax considerations of the Investor relating to its investment in the Shares. The Investor has relied solely on the representations and warranties, covenants and agreements of the Issuer in this Agreement (including the exhibits and schedules hereto) and on its examination and independent investigation in making its decision to acquire the Shares.

  • Decision The decision by the arbitrator shall be rendered within thirty (30) days after the close of the hearing. Decisions by the arbitrator in cases properly before him shall be final and binding upon the parties, subject, however, to the limitations of arbitration decisions as provided by the P.E.L.R.A.

  • Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H.

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