DISPUTES OR CLAIMS Sample Clauses

DISPUTES OR CLAIMS. 6.1 There are no historic, current or proposed agreements between any Group Company and any trade union or other body representing the Employees nor are there any works councils or staff associations or other employee representatives in place.
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DISPUTES OR CLAIMS. There are no material outstanding or threatened claims, Proceedings or disputes in relation to the Pension Schemes, nor, so far as the Founders are aware, do any circumstances exist which are likely to give rise to such a dispute.
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DISPUTES OR CLAIMS. If an issue, pending dispute or a claim arises out of this inspection and report then each party must give written notice to each of the parties within 28 days. Disputes will then be handled by an independent mediator or arbitrator. Each party will pay their own costs. Third Party Loss We will not be liable for any third party loss or damage suffered by any Person other than you in connection with the Inspection Reports use. We are released from any claims or further actions, damages or loss whatsoever if this report is to be used by another person or entity without our written permission to do so.
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DISPUTES OR CLAIMS. If the complaint concerns the inventory of fixtures or the description of the rental, it must be made in writing within seven days of arrival. The landlord and tenant must encourage amicable settlement. For other disputes, the tenant may refer the matter to a representative body without limit.
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DISPUTES OR CLAIMS. RELATING TO THIS AGREEMENT SHALL BE ADJUDICATED IN NEW YORK, NEW YORK, USA. EACH PARTY HEREBY SUBMITS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN NEW YORK, NEW YORK, USA AND HEREBY AGREES NOT TO ASSERT (I) THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF ANY SUCH COURT, (II) THAT THE PROCEEDING IS IN AN INCONVENIENT FORUM OR (III) THAT THE VENUE OF THE PROCEEDING IS IMPROPER. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION 29.734.7 SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS OVER $250,000 OR UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS $250,000 OR LESS, TO BE HELD IN NEW YORK, NEW YORK BEFORE A SINGLE NEUTRAL ARBITRATOR WHO SHALL HAVE THE FOLLOWING QUALIFICATIONS: (A) BE LICENSED TO PRACTICE LAW IN NEW YORK STATE FOR AT LEAST 15 YEARS; (B) HAVE AT LEAST 10 YEARS OF EXPERIENCE IN THE AREA OF CABLE TELEVISION SYSTEM COMMERCIAL DISTRIBUTION AGREEMENTS; AND (C) HAVE FAMILIARITY WITH THE TECHNICAL SUBJECT MATTER OF THE DISPUTE. IF THE PARTIES ARE UNABLE TO MUTUALLY AGREE UPON THE SELECTION OF AN ARBITRATOR WITHIN 15 BUSINESS DAYS OF THE COMMENCEMENT THEREOF, JAMS WILL SELECT FROM ITS LIST OF QUALIFIED NEUTRALS AN ARBITRATOR WHO AS CLOSELY AS POSSIBLE MEETS THE ABOVE QUALIFICATIONS. IF THE JAMS ARBITRATION RULES DO NOT ADDRESS A PARTICULAR ISSUE BEFORE THE ARBITRATOR, THEN SUCH ISSUE WILL BE GOVERNED BY THE FEDERAL ARBITRATION STATUTES TO THE EXTENT APPLICABLE. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING CLOSED TO THE GENERAL PUBLIC. SUBJECT TO THE DISCRETION OF THE ARBITRATOR TO ALLOCATE FEES AND EXPENSES IN ANOTHER MANNER, EACH PARTY SHALL BEAR ITS OWN FEES AND EXPENSES IN CONNECTION WITH THE ARBITRATION AND THE FEES AND EXPENSES OF THE ARBITRATOR SHALL BE SHARED EQUALLY BETWEEN THE PARTIES. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. DURING THE ARBITRATION, THE ARBITRATOR SHALL HAVE THE POWER TO ENTER TEMPORARY RESTRAINING ORDERS AND PRELIMINARY AND PERMANENT INJUNCTIONS TO THE EXTENT THEY ARE WITHIN THE ARBITRATOR’S JURISDICTION AND RELATE DIRECTLY TO THE SUBJECT MATTER OF THE ARBITRATION. NEITHER PARTY SHALL BE ENTITLED OR PERMITTED TO COMMENCE OR MAINTAIN ANY ACTION IN A COURT OF LAW WITH RESPECT TO ANY ...
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DISPUTES OR CLAIMS. So far as CPW is are aware, there are no complaints, disputes or claims in relation to the DC Plans, whether before the court, the Pensions Ombudsman or otherwise, by or in respect of any Employees which remain outstanding (other than routine claims for benefits and enquiries). CPW is not aware of any matter that might give rise to such a dispute or claim concerning the DC Plans.
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DISPUTES OR CLAIMS. Not Subject to Arbitration: Notwithstanding the foregoing, the following disputes or Claims are not required to be arbitrated: (a) disputes or Claims that are within the jurisdiction of a small claims court (or an equivalent court). You or we may bring an action in small claims court or, if an arbitration demand has been made, instruct the arbitration administrator to close the case because the dispute or Claim should be decided by a small claims court. However, if the dispute or Claim is transferred, removed, or appealed from small claims court to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring a counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, the entire dispute or Claim must, if you or we choose, be resolved by arbitration subject to this Agreement; and
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Related to DISPUTES OR CLAIMS

  • Disputes or Controversies The Executive recognizes that should a dispute or controversy arising from or relating to this Agreement be submitted for adjudication to any court, arbitration panel, or other third party, the preservation of the secrecy of Confidential Information may be jeopardized. All pleadings, documents, testimony, and records relating to any such adjudication will be maintained in secrecy and will be available for inspection by the Employer, the Executive, and their respective attorneys and experts, who will agree, in advance and in writing, to receive and maintain all such information in secrecy, except as may be limited by them in writing.

  • Disputes and Claims Failure to file such a protest within the time specified shall constitute agreement on the part of the Contractor with the terms, conditions, amounts and adjustments or non- adjustment to the contract price and/or contract time set forth in the field order.

  • NO STRIKES OR LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act, as amended.

  • Disputes, Etc Prompt written notice of (i) any claims, legal or arbitration proceedings, proceedings before any Governmental Authority, or disputes, or to the knowledge of the Borrower threatened, or affecting the Borrower, or any of its Subsidiaries which, if adversely determined, could reasonably be expected to cause a Material Adverse Change, or any material labor controversy of which the Borrower or any of its Subsidiaries has knowledge resulting in or reasonably considered to be likely to result in a strike against the Borrower or any of its Subsidiaries and (ii) any claim, judgment, Lien or other encumbrance (other than a Permitted Lien) affecting any Property of the Borrower or any Subsidiary if the value of the claim, judgment, Lien, or other encumbrance affecting such Property shall exceed $1,000,000;

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement. NCCI shall be entitled to reimbursement for all costs, including reasonable attorney’s fees and court costs/expenses incurred by NCCI in connection with obtaining any such determination, and/or in defending any claim made or legal action taken in connection with this Agreement or the agreement(s) between BUYER/MAKER and SELLER/HOLDER which are the subject matter of this collection, except as otherwise specified herein. SELLER/HOLDER hereby gives to NCCI a continuing lien on the proceeds to which they are otherwise entitled under this Agreement to cover such fees, costs and/or expenses.

  • STRIKES OR LOCKOUTS 5.01 During the term of this Agreement, or while negotiations for a further agreement are being held the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer's operation through its members.

  • Arbitration of All Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago, Illinois, in accordance with the laws of the State of Illinois, by three arbitrators appointed by the parties. If the parties cannot agree on the appointment of the arbitrators, one shall be appointed by the Company and one by the Executive and the third shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the Chief Judge of the United States Court of Appeals for the Seventh Circuit. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 12. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcement of his rights under this Agreement, the Company shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) his reasonable attorneys' fees and costs and expenses in connection with enforcement of his rights (including the enforcement of any arbitration award in court). Payments shall be made to the Executive at the time such fees, costs and expenses are incurred. If, however, the arbitrators shall determine that, under the circumstances, payment by the Company of all or a part of any such fees and costs and expenses would be unjust, the Executive shall repay such amounts to the Company in accordance with the order of the arbitrators. Any award of the arbitrators shall include interest at a rate or rates considered just under the circumstances by the arbitrators.

  • DISPUTES AND GRIEVANCES Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.

  • No Material Actions or Proceedings Except as disclosed in the Prospectus, there are no legal or governmental actions, suits or proceedings pending or, to the best of the Company’s knowledge, threatened (i) against or affecting the Company or any of its subsidiaries, (ii) which has as the subject thereof any officer or director of, or property owned or leased by, the Company or any of its subsidiaries or (iii) relating to environmental or discrimination matters, where in any such case (A) there is a reasonable possibility that such action, suit or proceeding might be determined adversely to the Company or such subsidiary and (B) any such action, suit or proceeding, if so determined adversely, would reasonably be expected to result in a Material Adverse Change or adversely affect the consummation of the transactions contemplated by this Agreement. No material labor dispute with the employees of the Company or any of its subsidiaries exists or, to the best of the Company’s knowledge, is threatened or imminent.

  • Disputes All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision.

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