Further Procedures. Where clause 15.17 applies, the following provisions also apply: the Contractor must not without the prior consent of the Subcontractor (acting reasonably) agree to a settlement with the Commonwealth or any other relevant person of the Subcontractor’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Subcontractor’s dispute or difference as between the Commonwealth and the Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Subcontractor gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any Claim which they may have arising out of or in connection with the subject matter of the Subcontractor’s dispute or difference insofar as the determination relates to the dispute or difference. Continuation of Subcontractor’s Activities Despite the existence of a dispute or difference between the parties the Subcontractor must: continue to carry out the Subcontractor’s Activities and the Subcontract Works; and otherwise comply with its obligations under the Subcontract.
Further Procedures. Implementation procedures shall be developed within thirty (30) days of the City Council’s adoption of this MOU. The City will consult with the Union in the development of such procedures. The parties shall work with the City’s payroll personnel to achieve the above goals.
Further Procedures. Where clause 13.16 applies, the following provisions also apply: the Contractor must not without the prior consent of the Consultant agree to a settlement with the Commonwealth or any other relevant person of the Consultant's dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Consultant's dispute or difference as between the Commonwealth and Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Consultant gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any Claim which they may have arising out of or in connection with the subject matter of the Consultant's dispute or difference insofar as the determination relates to the dispute or difference. Proportionate Liability To the extent permitted by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of the proportionate liability legislation of any Australian jurisdiction which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to clause 13.18.
Further Procedures. The Parties shall, not later than the First Commissioning Date, agree (in accordance with and consistent with the Operating and Dispatch Procedures and all other terms of this Agreement) such further procedures as shall be necessary in accordance with Prudent Operating Practice for the Dispatch of the Plant and operational communications between the Parties. Any procedures not agreed by the Parties by the First Commissioning Date shall be specified by Purchaser in accordance with Prudent Operating Practice. If circumstances arise subsequent to the First Commissioning Date, which either Party deems to require changes in procedures, the Parties shall work together in good faith to establish procedures satisfactory to both Parties, giving due consideration to issues of safety. If the Parties are unable to agree on any such procedures relating to matters of safety, these shall be referred to an Expert. While the Expert is adjudicating the matter, the Parties shall abide by existing agreed procedures, or if there are none applicable, relevant Purchaser procedures existing at the time.
Further Procedures. Counsel for the Parties are hereby authorized to agree to 26 utilize all reasonable procedures in connection with the administration of the Settlement which are 27 not materially inconsistent with either this Order or the terms of the Settlement Agreement.
Further Procedures. If the Dispute cannot be settled within 30 days by mutual discussions, then the Dispute shall be finally settled under the provisions of this Section 12.1.2 or Section 12.1.3. If the Parties fail to resolve any dispute through discussions within [Number] Business Days, either Party shall have the right to provide written notice of the Dispute to the president or chief executive officer (“Senior Management”) of the other Party. Upon a timely referral, the Senior Management of the Parties shall consider the Dispute, review such relevant information as they may determine and issue their decision (which decision shall be confirmed in writing) within 5 Business Days after receiving the referral. If the Senior Management of the Parties cannot resolve the issue within the five Business Day period, then the Parties shall have the rights set forth below in Section 12.1.3.
Further Procedures. If you claim a credit or refund because of an error, you agree to provide us with an affidavit containing whatever reasonable information we require regarding your account, the transaction, and the circumstances surrounding the claimed loss. We must receive the affidavit from you within ten (10) days of our request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law. You agree to cooperate with us and provide any requested information we require during the investigation; if you fail to do so, we will not resolve the investigation in your favor, and you will remain liable for the alleged errors. We will not be liable for the claimed loss if our investigation reveals that the errors are the result of your own mistakes or those of an authorized signer or Agent acting under a power of attorney.
Further Procedures. If implementation of the procedures set forth in Section 7.1 do not result in resolution of a dispute, each party shall have the right to refer the dispute first to mediation before a retired judge at JAMS or the Xxxxxxxxx Xxxxxx X. Lewis. If such mediation is unsuccessful, such dispute shall be submitted to arbitration before JAMS using the AAA Commercial Arbitration Rules. Each party shall submit a list of three (3) potential arbitrators and shall meet and confer in good faith to select such arbitrator. If the parties are unable to agree upon an arbitrator, JAMS shall select the arbitrator from the lists provided by the respective parties. The arbitrator shall have the power to grant injunctive and other provisional or equitable relief, including preliminary orders and reasonable discovery orders. The parties hereby knowingly waive their respective rights to file an action in any court and knowingly waive their rights to a jury trial. For the avoidance of doubt, the Parties specifically agree that this provision does not apply to any allegations of patent infringement or to the breach or threatened breach of the confidentiality provisions of this Agreement.
Further Procedures. Counsel for the Parties are hereby authorized to 25 agree to utilize all reasonable procedures in connection with the administration of the 26 Settlement which are not materially inconsistent with either this Order or the terms 27 of the Agreement. Case 3:16-cv-00370-GPC-LL Document 60-2 Filed 10/31/19 PageID.919 Page 32 of 101 EXHIBIT B FULL NOTICE Settlement Agreement and Release
Further Procedures. If you claim a credit or refund because of an unauthorized transaction, you agree to provide us with an affidavit containing whatever reasonable information we require regarding your account, the transaction, and the circumstances surrounding the claimed loss. We must receive the affidavit from you within ten (10) days of our request. You also agree to make a report to the police and to provide us with a copy of the report, upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law. You agree to cooperate with us and provide any requested information we require during the investigation; if you fail to do so, we will not resolve the investigation in your favor, and you will remain liable for the alleged unauthorized transactions. We will not be liable for the claimed loss if our investigation reveals that the unauthorized transaction occurred due to a failure to take reasonable measures to safeguard your account number, checks, facsimile stamp, or any other information that would enable someone to transact on your account, if such failure is attributable to you or to anyone to whom you have given the foregoing information. Furthermore, we will not be liable for the claimed loss if the purported unauthorized transaction was initiated by an authorized signer or Agent acting under a power of attorney before we have actual knowledge that his/her/their authority to transact on your accounts had been revoked, terminated, or modified and before new Signature Cards have been signed.
