Intervention and Interpleader Clause Samples

Intervention and Interpleader. Bring an action to determine adverse claims, intervene in litigation, and act as amicus curiae.
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  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Grievance Procedure 11:01 Should a dispute arise between the Employer and the employee regarding the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort should be made to settle the dispute in the following manner: STEP 1: An employee having a complaint shall within 7 calendar days of the event giving rise to the complaint, discuss such complaint with their immediate supervisor. The employee may have the accompaniment of a ▇▇▇▇▇▇▇ during this process. Failing a satisfactory resolution, the employee shall follow Step 2. STEP 2: The employee concerned together with his/her ▇▇▇▇▇▇▇ or member of the Grievance Committee shall, within five (5) calendar days following such discussion with his/her supervisor, submit the signed grievance in writing to his/her immediate Manager or Department Head, stating the nature of the grievance, the remedy sought and specify the alleged violation(s) of the Collective Agreement. The Manager or Department Head shall thereupon render a decision in writing within five (5) calendar days following receipt of the grievance. STEP 3: If the decision under Step 2 is unacceptable to the grievor, he/she may, within five (5) calendar days following receipt of such decision, together with his/her ▇▇▇▇▇▇▇ or a member of the Grievance Committee, submit the grievance in writing, to the Director of the area. The Director shall render a decision thereon within five (5) calendar days following receipt of the Grievance. STEP 4: If the decision rendered under Step 3 is unacceptable to the grievor, he/she may, within five (5) calendar days following receipt of the said decision, submit the grievance in writing to the Employee Relations Manager of the Employer. The Employee Relations Manager shall render a decision in writing within five (5) calendar days of receiving the same, except that the Employee Relations Manager shall call a meeting with the Grievance Committee hereinbefore referred to, at which time the grievor may be in attendance if he/she so desires. In the event the Employee Relations Manager shall call such a meeting such meeting will be held within fourteen (14) calendar days from the date upon which the grievance was submitted to the Employee Relations Manager. Further, in the event such meeting is called, the Employee Relations Manager shall within five

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • General Provisions This Assignment and Assumption shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Assumption may be executed in any number of counterparts, which together shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Assignment and Assumption by telecopy shall be effective as delivery of a manually executed counterpart of this Assignment and Assumption. This Assignment and Assumption shall be governed by, and construed in accordance with, the law of the State of New York.