Dispute Resolution and Enforcement. The Parties intend to pursue a collaborative approach to resolve disputes that may arise in the implementation of this Agreement regarding an alleged failure of a Party to comply with a provision of this Agreement or the meaning of a provision of this Agreement. If a dispute arises between the Parties regarding an alleged failure of a Party to comply with a provision of this Agreement or the meaning of a provision of this Agreement, the Parties agree to attempt first to resolve the dispute through discussion between the Parties. If the Parties reach a resolution that varies from the Agreement herein, the resolution shall be reduced to writing, signed, and filed with the Court for approval. If the Parties are unable to resolve the dispute through discussion, either Party may, at its discretion, seek a judicial determination of the alleged noncompliance or dispute after providing the other Party with 30 days’ written notice of its intent to seek such a determination. This 30-day period shall not be necessary where DOJ believes conditions or practices pose an immediate and serious threat to the life, health, or safety of the individuals served at a Facility. During this 30-day period, the Parties shall continue discussions to attempt to resolve outstanding differences. At the end of this 30-day period, either Party may, without further notice, seek a judicial determination. Except where DOJ believes conditions or practices pose an immediate and serious threat to the life, health, or safety of the other individuals served at a Facility, DOJ shall not initiate contempt proceedings for an alleged failure to fulfill an obligation under this Agreement without first having obtained an order for specific performance of the obligation and having notified the State of the intent to initiate contempt proceedings.
Dispute Resolution and Enforcement. A. For purposes of this section, “substantial compliance” means something less than strict and literal compliance with every provision of this Settlement Agreement. Rather, deviations from the terms of the Settlement Agreement may occur, provided any such deviations are unintentional and so do not substantially defeat the object which the parties intend to accomplish, or to impair the structure of the Settlement Agreement as a whole.
Dispute Resolution and Enforcement. 171. If the United States believes that MDOC is not in substantial compliance with any substantive provision of this Agreement by the applicable time frame set forth in the Agreement, the United States will provide MDOC with the specific reasons, referencing the specific provision or provisions in writing. Minor or isolated delays in compliance are allowed. 172. MDOC will have the opportunity to consult its own expert(s) with respect to the United States’ allegations that MDOC is not in substantial compliance with such provision or provisions of the Agreement. MDOC will provide the United States with a written response to the notification within thirty (30) calendar days of its receipt. MDOC’s response will contain a description of the steps it took to investigate the issues addressed in the United States’ notice, the results of the investigation, and, where MDOC proposes corrective action, a specific plan for addressing the described issues. If no corrective action is proposed by reason of funding constraints (including the unavailability of appropriated funds), legal considerations, or for other reasons, MDOC’s response will specifically state those reasons and any statutes, regulations, expert opinion or technical bases upon which it is relying in reaching such conclusion.
Dispute Resolution and Enforcement. A. All of the provisions included in this Settlement Agreement are separately and independently enforceable by the parties.
Dispute Resolution and Enforcement. Either party may request non-binding mediation of any dispute arising from this Agreement, including any allegation of violation pursuant to Section 7.1, provided that the parties will participate in non-binding mediation at the request of any one party if there is a dispute about the existence of an Event of Default.
Dispute Resolution and Enforcement. 14.1 Before a Party commences any action for enforcement of this Amended and Restated Agreement, that Party shall notify the other Party in writing of the existence, nature, and extent of the dispute, and the Parties shall make a good-faith effort to resolve their differences in the manner outlined below:
Dispute Resolution and Enforcement. The TPP must include mechanisms that ensure adherence to TPP requirements and that allow for a timely and cost-effective response to disputes, including a rapid- response mechanism for perishable agriculture and agri-food products. Living Agreement: The TPP must be a “living agreement” that provides the flexibility to evolve in response to new developments in trade and technology and to other emerging issues. It must also permit expansion to allow for new members who will commit to a high-standard agreement and existing TPP obligations, while demonstrating a willingness to negotiate on all issues, including sensitive issues. Relationship to the Multilateral Trading System: A successful TPP negotiation and outcome should be viewed as an opportunity to help shape the future agenda for multilateral (WTO) trade liberalization. The TPP should take advantage of opportunities to break new ground on difficult issues and build momentum towards multilateral trade liberalization. About CAFTA CAFTA is a coalition of national and regional organizations that support a more open and fair international trading environment for agriculture and agri-food. CAFTA’s members include farmers,
Dispute Resolution and Enforcement. Section 7.1. Good faith implementation. Each of the parties pledges to support implementation of all provisions of the compact, and covenants that its officers and agencies shall not hinder, impair, or prevent any other party carrying out any provision of the compact.
Dispute Resolution and Enforcement. 14 i. The court shall retain jurisdiction for the purpose of enforcing the terms 15 of the writ of mandate.
Dispute Resolution and Enforcement. The United States may review compliance with this Settlement Agreement at any time and may enforce this Settlement Agreement if the United States believes that this Agreement or any portion of it has been violated. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with the Hospital and the parties will attempt to resolve the concern(s) in good faith. The United States will give the Hospital thirty days from the date it notifies the Hospital of any breach of this Agreement to cure that breach, prior to instituting court action. If the Hospital reasonably requires more than thirty days to cure a breach, it may request an extension of time from the United States, whose consent to such request will not be unreasonably withheld. Failure by the United States to enforce any provision or deadline of this Agreement shall not be construed as a waiver of its right to enforce other provisions or deadlines of this Agreement.
