Format of Hearings Sample Clauses

Format of Hearings. Each of the Petitioner and the Respondent shall submit a brief, outlining such party's claim for relief or defense to any claim, to the other and to the Arbitrators on or before the tenth (10th) day following the date of the last hearing. Reply briefs must be exchanged and submitted to the Arbitrators on or before the twentieth (20th) day following the date of the last hearing. The final decision of the Arbitrators is due on or before the thirtieth (30th) day following the date of the last hearing. The Arbitrators shall choose the form of final decision that, in their judgment, is most consistent with the terms of this Agreement and the intent of the Members, as supported by evidence presented by the Petitioner and Respondent in the arbitration proceeding or, if the subject matter of the dispute is not clearly addressed in or determinable under this Agreement, that, in their opinion, would be most fair to the Petitioner and Respondent under the arbitration. The Arbitrators shall not be required to provide reasons for their decision.
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Format of Hearings. Each party will receive disclosure of all of the information that the insurance carrier reviewed in making its determination to deny the insured benefit. This disclosure will take place at least twenty-eight (28) days prior to the hearing. Both parties, through their representatives, will provide full disclosure of the supporting documentation upon which they intend to rely. This disclosure will take place at least fourteen (14) days in advance of the hearing. In the event that further medical documentation is prepared or submitted to the insurance carrier for reconsideration, that documentation will be included in the record that is presented to the Arbitrator. The parties, through their representatives, will disclose such documentation at least fourteen (14) days in advance of the hearing. The Employer and PEGO will jointly present a statement of agreed facts (to the extent possible) for the hearing before the Arbitrator. PEGO will present its position on the dispute with supporting arguments before the Arbitrator. The Employer will present its position on the dispute with supporting arguments and will respond to PEGO’s position. PEGO will have the right of reply. Presentation by both parties will be based on: • the information / record on file before the insurance carrier up to the time of the final determination by the insurance carrier; • any additional documentation prepared or submitted subsequent to the entitlement decision by the insurance carrier (provided it has been submitted to the insurance carrier for reconsideration); • the employee statement (as set out below), if any; and • the Employer’s response, if any, to the claimant’s statement. The hearing will be limited to submissions made by each party and will not include witness testimony or viva voce (live) evidence, except as specifically requested by the Arbitrator. Statement of the Claimant The individual claimant will be permitted to file a written statement in lieu of testifying. The written statement must be provided to the Arbitrator and to the Employer at least fourteen (14) days before the commencement of the hearing. The Employer has the right to introduce a written response to this statement which must be provided to the Arbitrator and to PEGO at least seven (7) days before the commencement of the hearing. The claimant may attend the hearings and, if so, shall be allowed leave of absence with no loss of pay and with no loss of benefits or credits.
Format of Hearings. Each party will receive disclosure of all of the information that the insurance carrier reviewed in making its determination to deny the insured benefit. This disclosure will take place at least twenty-eight (28) days prior to the hearing. Both parties, through their representatives, will provide full disclosure of the supporting documentation upon which they intend to rely. This disclosure will take place at least fourteen (14) days in advance of the hearing. In the event that further medical documentation is prepared or submitted to the insurance carrier for reconsideration, that documentation will be included in the record that is presented to the Arbitrator. The parties, through their representatives, will disclose such documentation at least fourteen (14) days in advance of the hearing. The Employer and XXXX will jointly present a statement of agreed facts (to the extent possible) for the hearing before the Arbitrator.
Format of Hearings. Each party will receive disclosure of all of the information that the insurance carrier reviewed in making its determination to deny the insured benefit. This disclosure will take place at least twenty-eight (28) days prior to the hearing. Both parties, through their representatives, will provide full disclosure of the supporting documentation upon which they intend to rely. This disclosure will take place at least fourteen (14) days in advance of the hearing. In the event that further medical documentation is prepared or submitted to the insurance carrier for reconsideration, that documentation will be included in the record that is presented to the Arbitrator. The parties, through their representatives, will disclose such documentation at least fourteen (14) days in advance of the hearing. The Employer and will jointly present a statement of agreed facts (to the extent possible) for the hearing before the Arbitrator. will present its position on the dispute with supporting arguments before the Arbitrator. The Employer will present its position on the dispute with supporting arguments and will respond to position. will have the right of reply. Presentation by both parties will be based on: the information record on file before the insurance carrier up to the time of the final determination by the insurance carrier; any additional documentation prepared or submitted subsequent to the entitlement decision by the insurance carrier (provided it has been submitted to the insurance carrier for reconsideration); the employee statement (as set out below), if any; and the Employer's response, if any, to the claimant's statement. The hearing will be limited to submissions made by each party and will not include witness testimony or viva voce (live) evidence, except as specifically requested by the Arbitrator.
Format of Hearings. Each of the Petitioner and the Respondent shall submit a brief, outlining such party's claim for relief or defense to any claim, to the other and to the Arbitrators on or before the tenth (10th) day following the date of the last hearing. Reply briefs must be exchanged and submitted to the Arbitrators on or before the twentieth (20th) day following the date of the last hearing. The final decision of the Arbitrators is due on or before the thirtieth (30th) day following the date of the last hearing. The Arbitrators shall choose the form of final decision that, in their judgment, is most consistent with the terms of this Agreement and the intent of the Stockholders, as supported by evidence presented by the Petitioner and Respondent in the arbitration proceeding or, if the subject matter of the dispute is not clearly addressed in or determinable under this Agreement, that, in their opinion, would

Related to Format of Hearings

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  • Procedure for Third Party Claims Promptly after receipt by a party (the “Indemnified Party”) of notice of a claim by a third party which may give rise to a claim for indemnification against the other party (the “Indemnifying Party”), the Indemnified Party shall notify the Indemnifying Party thereof in writing; provided, however, that the failure promptly to give such notice shall not affect any right to indemnification hereunder except to the extent that such failure has prejudiced the Indemnifying Party. The Indemnifying Party shall, within ten (10) days of receipt of such written notice, assume on behalf of the Indemnified Party and conduct with due diligence and in good faith the defense thereof with counsel reasonably satisfactory to the Indemnified Party; provided, however, that (a) the Indemnified Party shall have the right to be represented therein by advisory counsel of its own selection and at its own expense and (b) if the defendants in any such action include both the Indemnified Party and the Indemnifying Party and the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it which are different from, additional to or inconsistent with those available to the Indemnifying Party, the Indemnified Party shall have the right to select separate counsel reasonably acceptable to the Indemnifying Party to participate in the defense of such action on its own behalf at the expense of the Indemnifying Party (in lieu of any counsel required to be retained pursuant to the portion of this sentence preceding this proviso). If an Indemnifying Party fails to assume the defense of an indemnifiable claim, then the Indemnified Party may at the Indemnifying Party’s expense, and without prejudice to its right to indemnification, contest (or, with the prior written consent of the Indemnifying Party (not to be unreasonably withheld or delayed), settle) such claim. The Indemnifying Party may not enter into a settlement with respect to any indemnifiable claim without the consent of the Indemnified Party unless such settlement is limited to a payment of money for which the Indemnified Party is fully indemnified by the Indemnifying Party. The parties will cooperate fully with one another in connection with the defense, negotiation or settlement of any indemnifiable claim.

  • Environmental, Health and Safety i. Environment, Health and Safety Performance. Seller acknowledges and accepts full and sole responsibility to maintain an environment, health and safety management system ("EMS") appropriate for its business throughout the performance of this Contract. Buyer expects that Seller’s EMS shall promote health and safety, environmental stewardship, and pollution prevention by appropriate source reduction strategies. Seller shall convey the requirement of this clause to its suppliers. Seller shall not deliver goods that contain asbestos mineral fibers.

  • Health and Safety C8.1 The Contractor shall promptly notify the Authority of any health and safety hazards which may arise in connection with the performance of the Contract. The Authority shall promptly notify the Contractor of any health and safety hazards which may exist or arise at the Authority’s Premises and which may affect the Contractor in the performance of the Contract.

  • Purpose; Incorporation by Reference of Auction Procedures and Settlement Procedures (a) On each Auction Date, the provisions of the Auction Procedures will be followed by the Auction Agent for the purpose of determining the Applicable Rate for the of APS, for the next Dividend Period therefor. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

  • Environmental, Health and Safety Matters (a) The Company has complied and is in compliance with all Environmental, Health, and Safety Requirements.

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