Disputing Inconsistencies Clause Samples

Disputing Inconsistencies. The disputing Party or Parties may petition FERC for rehearing, file an appeal with the USFS pursuant to 36 C.F.R. § 251.80, request a stay or extension, or seek judicial review of any FERC or USFS condition or omission of any Proposed License Surrender Condition or Proposed SUA Condition, that results in a Material Modification of the Settlement Agreement. The Parties shall follow the dispute resolution process set forth in Section 9 of this Settlement Agreement while any such rehearing, appeal or request for stay or extension is pursued. Any disputing Party or Parties may ask FERC, USFS or the court to defer action on the merits of any rehearing request or appeal while dispute resolution is pursued. If all Parties subsequently agree to modify this Settlement Agreement to conform to the inconsistent action, the disputing Party or Parties shall withdraw or dismiss any administrative or judicial action, or recommend such withdrawal or dismissal, as appropriate.
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Disputing Inconsistencies. The disputing Party or Parties may petition FERC for rehearing or seek judicial review of any New License article, or omission of any Proposed License Article, that results in a Material Modification of the Settlement Agreement. The Parties shall follow the dispute resolution process set forth in Section 9 of this Settlement Agreement while any such rehearing, appeal or request for stay or extension is pursued. Any disputing Party or Parties may ask FERC or the court to defer action on the merits of any rehearing request or appeal while dispute resolution is pursued. If all Parties subsequently agree to modify this Settlement Agreement to conform to the inconsistent action, the disputing Party or Parties shall withdraw or dismiss any administrative or judicial action, or recommend such withdrawal or dismissal, as appropriate.
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Disputing Inconsistencies. The Disputing Party may, in addition, if they have intervened i n the FERC relicensing proceeding, petition FERC for rehearing or seek judicial review of any New Project License article, or omission of any PM&E measure stated in Appendix A, that is Inconsistent with this Settlement Agreement. If any Party or non-party seeks rehearing or judicial review, the Licensee may seek a stay or an extension of time of the New Project License or other order. The Parties shall follow the dispute resolution process while any such rehearing, appeal or request for stay or extension is pursued. Any Disputing Party may ask FERC or the court to defer action on the merits of any rehearing request or appeal while dispute resolution is pursued. If a Party has filed for administrative rehearing or judicial review and the Parties subsequently agree to modify this Settlement Agreement to conform to the inconsistent action, the filing Party or Parties shall withdraw the appeal or recommend such withdrawal as appropriate.
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Related to Disputing Inconsistencies

  • ADJUSTMENT OF DISPUTES 37.01 (1) The Employer and the Union recognize that grievances may arise in each of the following circumstances: (a) By the interpretation or application of: (i) a provision of an Act, or a regulation, direction or other instrument made or issued by the Employer dealing with terms or conditions of employment; (ii) a provision of this Collective Agreement or Arbitral Award. (b) Disciplinary action resulting in demotion, suspension, or a financial penalty. (c) Dismissal from the Public Service. (d) Letters of discipline placed on personnel file.

  • No Disputes Consistency Cooperation Section 6.1 Participation in the Corporate Taxpayer’s and

  • Performance while Dispute is Pending Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:- a. Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and b. If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration ▇▇▇ ▇▇▇▇ and any amendments. Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.

  • 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;