Negotiation and Arbitration. SEC. 3.01. The services to be performed by the employees covered by this Agreement pertain to and are essential to the operation of a public utility and to the welfare of the public dependent thereon, and in consideration thereof, and of the agreements and conditions herein, to be kept and performed by the Company, and the Local Union agrees that under no conditions, and in no event whatsoever, will the employees who are members of the Brotherhood covered by this Agreement be called upon or permitted to cease or abstain from the continuous performance of the duties pertaining to the positions held by them under the Company, in accord with the terms of this Agreement, and the Company agrees on its part to do nothing to provoke interruption of or prevent such continuity of performance of said employees, insofar as such performance is required in the normal and usual operation of the Company's property, and that any differences that may arise between the above mentioned parties shall be settled in the manner herein provided.
Negotiation and Arbitration. The parties shall attempt in good faith to resolve any controversy, and any alleged breach or default, arising out of or relating to this Agreement, promptly by confidential negotiations between persons who have complete authority to settle the matter in dispute as follows (the "Negotiations"). All Negotiations shall be treated as compromise and settlement negotiations for purposes of the relevant rules of evidence. A party shall give the other party certified mail return receipt requested written notice of any dispute ("Dispute Notice"). Within ten (10) days after delivery of the Dispute Notice, the receiving party shall submit to the other a written response ("Response"). The Dispute Notice and the Response shall include: (a) a statement of each party's position and a summary of arguments supporting that position, and (b) the name of the person(s) who will represent that party and the name of any other person who will accompany the representative(s). Within twenty (20) days after delivery of the Response, the representatives of both parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, attempt to resolve the dispute. The parties agree to honor relevant reasonable requests for information within a period of not more than fifteen (15) days. If the dispute, except as provided below, has not been resolved by the negotiation procedure as provided herein within sixty (60) days of the delivery date of the Dispute Notice, then the dispute shall be settled by arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The arbitration hearing shall be held in Cuyahoga County, Ohio. A sole neutral arbitrator will preside if the amount in controversy is less than One Hundred Thousand and 00/100 Dollars ($100,000.00) or by three 4 independent and impartial arbitrators if the amount in controversy exceeds One Hundred Thousand and 00/100 Dollars ($100,000.00). The arbitrator or arbitrators will be agreed upon between the parties within three (3) weeks of the date upon which the arbitration is initiated. If the parties cannot agree upon an arbitrator or arbitrators within that time period, then, within three (3) weeks, the CPR Institute for Dispute Resolution will be asked by the sender of the Dispute Notice to select an arbitrator or arbitrators, and the arbitration will then take place within sixty (60) days of the appointment of the arbitrator or...
Negotiation and Arbitration. In the event of a controversy, dispute or Action between the Parties arising out of, in connection with, or in relation to this Agreement or any of the transactions contemplated hereby, including with respect to the interpretation, performance, nonperformance, validity or breach thereof, and including any Action based on contract, tort, statute or constitution, including the arbitrability of such controversy, dispute or Action, the procedures as set forth in Article X of the Separation Agreement shall apply, mutatis mutandis.
Negotiation and Arbitration. SECTION 3.01 The parties agree that the operations of the Cooperative upon which the employees covered in this Agreement are to be engaged are essential to the welfare of the community served by it and recognize their obligations to furnish continuous electric service.
Negotiation and Arbitration. In the event of a controversy, dispute or action between the Parties arising out of, in connection with, or in relation to this Agreement or any of the transactions contemplated hereby or thereby, including with respect to the interpretation, performance, nonperformance, validity or breach of this Agreement or otherwise arising out of, or in any way related to, this Agreement or the transactions contemplated hereby or thereby, and including any action based on contract, tort, statute or constitution, including the arbitrability of such controversy, dispute or action and any controversy, dispute or action (a “Dispute”), the following provisions shall apply, unless expressly specified herein.
Negotiation and Arbitration. In the event of a controversy, dispute or Action between the Parties arising out of, in connection with, or in relation to this Agreement or any of the transactions contemplated hereby or thereby, the following sections of the Separation Agreement shall apply mutatis mutandis to this Agreement as if such provisions had been set out expressly in this Agreement: 10.1 (Negotiation and Arbitration) and 10.2 (Continuity of Service and Performance).
Negotiation and Arbitration. In the event of any dispute arising between the Parties concerning this Agreement, its enforceability, or its interpretation, the following procedure shall apply:
Negotiation and Arbitration. (a) The parties hereto shall resolve any dispute arising out of or relating to this Agreement pursuant to the procedures set forth in Section 7.7 of the Merger Agreement.
Negotiation and Arbitration. 23.01 In the event that notice is given as specified in Article 22.01, and the parties have attempted, but failed, to reach an agreement on terms and conditions of service, the matter may be referred by either party to an Arbitration Board, using the following procedures:
Negotiation and Arbitration. 02 ARTICLE IV SENIORITY 04 ARTICLE V
