Common use of Negotiation and Arbitration Clause in Contracts

Negotiation and Arbitration. If the Parties should have a material dispute arising out of or relating to this Agreement or the Parties’ respective rights and duties hereunder, except as otherwise provided for by Section 5, then the Parties will resolve such dispute in the following manner: (a) any Party may at any time deliver to the other a written dispute notice setting forth a brief description of the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; (b) during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then within ten (10) days after the period described in clause (b) above, the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Association (“AAA”) shall apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoiced.

Negotiation and Arbitration. If 23.01 In the Parties should event that notice is given as specified in Article 22.01, and the parties have a material dispute arising out attempted, but failed, to reach an agreement on terms and conditions of or relating service, the matter may be referred by either party to this Agreement or the Parties’ respective rights and duties hereunderan Arbitration Board, except as otherwise provided for by Section 5, then the Parties will resolve such dispute in using the following manner: procedures: 23.01 (a) any Party may at any time deliver The party seeking arbitration shall notify the other party, giving the name of its nominee to the other Arbitration Board together with a written dispute notice setting forth a brief description list of those items it wishes to refer to the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; Board. 23.01 (b) during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then The other party shall respond within ten (10) working days of receipt of this notice and shall advise the name and address of its appointee to the Arbitration Board and shall also indicate any additional issues which it wishes to refer to the Arbitration Board. 23.01 (c) The two (2) appointees so elected shall, within five (5) working days after receipt of notice of appointment of the period described in clause second of them, appoint a third person who shall be Chair of the Arbitration Board. 23.01 (d) If the recipient of the notice fails to name an appointee, or if the two (2) appointees fail to agree on a Chair within the time limit, the appointment may be made by the Minister of Labour upon request by the party. 23.02 The Arbitration Board is governed by the following provisions: (a) The Arbitration Board shall have jurisdiction to hear and render a decision on any issue which is unresolved between the parties, and which is not specifically excluded from its jurisdiction by the provisions of paragraphs (b) aboveor (c) below. (b) The Arbitration Board shall not have jurisdiction to consider any item which (c) The Arbitration Board shall not have jurisdiction to consider any matter which pertains to standards of patient care. (d) All matters concerning teaching hospital facilities including but not limited to those outlined in Article 20 shall first be processed through the Joint Consultation Committee, where every reasonable effort will be made to resolve those issues. If every reasonable effort has not been made by the Joint Consultation Committee, and the teaching hospital concerned, to resolve the matter to the satisfaction of the parties, then the Arbitration Board shall have jurisdiction over the matter and will render a decision which is binding on both parties and the teaching hospital(s) concerned. If, however, the Parties will refer Arbitration Board finds that every reasonable effort has been made by the issue Joint Consultation Committee and the hospital(s) concerned to resolve the issue, it shall have no jurisdiction to hear the issue. (e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation. (f) Each party shall be responsible for the expenses and remuneration of its nominee to the exclusion Arbitration Board and shall share equally in the expenses and remuneration of a court the Chair. (g) The decision of law) to the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Association (“AAA”) shall apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code parties. DATED at Halifax, Nova Scotia, this 12 of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) membersApril, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoiced2013.

Negotiation and Arbitration. If Section 3.01 The parties agree that the Parties should have a material dispute arising out operations of or relating the Cooperative upon which the employees covered in this agreement are to this Agreement or be engaged are essential to the Parties’ respective rights welfare of the community served by it and duties hereunder, except as otherwise provided for by recognize their obligations to furnish continuous electric service. Section 5, then 3.02 The Cooperative agrees to meet and to treat with the Parties will resolve such dispute duly accredited officers and committees of the Local Union in the following manner: (a) manner on differences that may arise between the Cooperative and the Local Union. Section 3.03 In case of any Party disagreement arising between the Cooperative and any employee or employees under this Agreement, such disagreement shall be first presented by such employee or employees to the Manager or ▇▇▇▇▇▇▇ of the Cooperative in charge of the work and the Business Representative of the Local Union. Section 3.04 In case of failure to agree in this manner the Business Manager and/or Assistant Business Manager of the Local Union who may at any time deliver be accompanied by a committee of employees of the Cooperative shall endeavor to adjust disagreement with the Manager of the Cooperative. In case of failure to then reach an agreement, the matter shall be submitted to arbitration in the manner provided in Section 3.05. Section 3.05 The parties desiring arbitration shall give notice to the other and shall on or before the fifth day following designate a written dispute notice setting forth representative and advise the other party of such designation. The other party shall, on or before the fifth day following receipt of such notice, designate a brief description representative and advise the first party of such designation. The committee so selected shall be known as a joint arbitration board and shall meet without avoidable delay and endeavor to settle the issue for which such notice initiates matters referred to them. Should said arbitration board fail to agree within the dispute resolution mechanism contemplated by this Section; (b) during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiationweek, then within ten (10) days after next following such submission, a third member shall be chosen by the period described Arbitration Board while in clause (b) abovesession, the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant event not to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Association (“AAA”) shall apply to the proceedings and judgment agree on the award rendered by third member, either party hereto may call upon the arbitrator(s) may be entered Director of Federal Mediation and Conciliation Service in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or Washington, D.C. A decision shall be rendered by a majority of the members of a Arbitration Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each final and binding upon both parties. Section 3.06 The parties hereto shall bear the expense of the respective Parties their own arbitrator and the third expense of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by borne equally between the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator Cooperative and the third arbitrator Union. Section 4.01 Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Section 4.02 Wages shall be appointed by the AAA in accordance with the Rules. Nothing set forth above paid every two weeks on Monday, except when Monday is a holiday and then pay shall be interpreted on Friday before, for all wages earned up to prevent and including the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three previous Tuesday. (3a) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision Employees shall be rendered within no more than thirty (30) days. Notwithstanding paid by electronic deposit of wages. Section 4.03 Upon written authorization the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company Cooperative agrees to pay promptly as incurred, deduct IBEW COPE funds from an individual’s payroll check and forward said deduction to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as Union monthly. This deduction requires a result minimum participation of any dispute or contest six (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A6) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoicedunion employees.

Negotiation and Arbitration. If 23.01 In the Parties should event that notice is given as specified in Article 22.01, and the parties have a material dispute arising out attempted, but failed, to reach an agreement on terms and conditions of or relating service, the matter may be referred by either party to this Agreement or the Parties’ respective rights and duties hereunderan Arbitration Board, except as otherwise provided for by Section 5, then the Parties will resolve such dispute in using the following manner: procedures: 23.01 (a) any Party may at any time deliver The party seeking arbitration shall notify the other party, giving the name of its nominee to the other Arbitration Board together with a written dispute notice setting forth a brief description list of those items it wishes to refer to the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; Board. 23.01 (b) during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then The other party shall respond within ten (10) working days of receipt of this notice and shall advise the name and address of its appointee to the Arbitration Board and shall also indicate any additional issues which it wishes to refer to the Arbitration Board. 23.01 (c) The two (2) appointees so elected shall, within five (5) working days after receipt of notice of appointment of the period described in clause second of them, appoint a third person who shall be Chair of the Arbitration Board. 23.01 (d) If the recipient of the notice fails to name an appointee, or if the two (2) appointees fail to agree on a Chair within the time limit, the appointment may be made by the Minister of Labour upon request by the party. 23.02 The Arbitration Board is governed by the following provisions: (a) The Arbitration Board shall have jurisdiction to hear and render a decision on any issue which is unresolved between the parties, and which is not specifically excluded from its jurisdiction by the provisions of paragraphs (b) aboveor (c) below. (b) The Arbitration Board shall not have jurisdiction to consider any item which constitutes an educational requirement of the prescribed program for any Resident to which the collective agreement applies, including but not limited to, the Parties hours of work as required for educational purposes by the Royal College of Physicians and Surgeons of Canada, the Conjoint Committee of Accreditation of Pre-Registration Physician Training Programs, the College of Family Physicians of Canada and Dalhousie University. (c) The Arbitration Board shall not have jurisdiction to consider any matter which pertains to standards of patient care. (d) All matters concerning teaching hospital facilities including but not limited to those outlined in Article 20 shall first be processed through the Joint Consultation Committee, where every reasonable effort will refer be made to resolve those issues. If every reasonable effort has not been made by the issue (Joint Consultation Committee, and the teaching hospital concerned, to resolve the matter to the exclusion satisfaction of the parties, then the Arbitration Board shall have jurisdiction over the matter and will render a court decision which is binding on both parties and the teaching hospital(s) concerned. If, however, the (e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation. (f) Each party shall be responsible for the expenses and remuneration of lawits nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair. (g) to The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Association (“AAA”) shall apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoicedparties.

Negotiation and Arbitration. If the Parties should have a material dispute arising out of or relating to this Agreement or the Parties’ respective rights and duties hereunder, except as otherwise provided for by Section 56, then the Parties will resolve such dispute in the following manner: (a) any Party may at any time deliver to the other a written dispute notice setting forth a brief description of the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; (b) during the twenty (20) day period following the delivery of the notice described in clause (aSection 18(a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then within ten (10) days after the period described in clause (bSection 18(b) above, the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American America Arbitration Association (“AAA”) shall apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoiced.

Negotiation and Arbitration. If Section 3.01 The parties agree that the Parties should have a material dispute arising out operations of or relating the Cooperative upon which the employees covered in this agreement are to this Agreement or be engaged are essential to the Parties’ respective rights welfare of the community served by it and duties hereunder, except as otherwise provided for by recognize their obligations to furnish continuous electric service. Section 5, then 3.02 The Cooperative agrees to meet and to treat with the Parties will resolve such dispute duly accredited officers and committees of the Local Union in the following manner: (a) manner on differences that may arise between the Cooperative and the Local Union. Section 3.03 In case of any Party disagreement arising between the Cooperative and any employee or employees under this Agreement, such disagreement shall be first presented by such employee or employees to the Manager or ▇▇▇▇▇▇▇ of the Cooperative in charge of the work and the Business Representative of the Local Union. Section 3.04 In case of failure to agree in this manner the Business Manager and/or Assistant Business Manager of the Local Union who may at any time deliver be accompanied by a committee of employees of the Cooperative shall endeavor to adjust disagreement with the Manager of the Cooperative. In case of failure to then reach an agreement, the matter shall be submitted to arbitration in the manner provided in Section 3.05. Section 3.05 The parties desiring arbitration shall give notice to the other and shall on or before the fifth day following designate a written dispute notice setting forth representative and advise the other party of such designation. The other party shall, on or before the fifth day following receipt of such notice, designate a brief description representative and advise the first party of such designation. The committee so selected shall be known as a joint arbitration board and shall meet without avoidable delay and endeavor to settle the issue for which such notice initiates matters referred to them. Should said arbitration board fail to agree within the dispute resolution mechanism contemplated by this Section; (b) during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiationweek, then within ten (10) days after next following such submission, a third member shall be chosen by the period described Arbitration Board while in clause (b) abovesession, the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant event not to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Association (“AAA”) shall apply to the proceedings and judgment agree on the award rendered by third member, either party hereto may call upon the arbitrator(s) may be entered Director of Federal Mediation and Conciliation Service in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or Washington, D.C. A decision shall be rendered by a majority of the members of a Arbitration Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each final and binding upon both parties. Section 3.06 The parties hereto shall bear the expense of the respective Parties their own arbitrator and the third expense of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by borne equally between the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator Cooperative and the third arbitrator Union. Section 4.01 Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Tri-County Electric Cooperative, Inc. Section 4.02 Wages shall be appointed by the AAA in accordance with the Rules. Nothing set forth above paid every two weeks on Monday, except when Monday is a holiday and then pay shall be interpreted on Friday before, for all wages earned up to prevent and including the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three previous Tuesday. (3a) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision Employees shall be rendered within no more than thirty (30) days. Notwithstanding paid by electronic deposit of wages. Section 4.03 Upon written authorization the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company Cooperative agrees to pay promptly as incurred, deduct IBEW COPE funds from an individual’s payroll check and forward said deduction to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as Union monthly. This deduction requires a result minimum participation of any dispute or contest six (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A6) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoicedunion employees.

Negotiation and Arbitration. If 23.01 In the Parties should event that notice is given as specified in Article 22.01, and the parties have a material dispute arising out attempted, but failed, to reach an agreement on terms and conditions of or relating service, the matter may be referred by either party to this Agreement or the Parties’ respective rights and duties hereunderan Arbitration Board, except as otherwise provided for by Section 5, then the Parties will resolve such dispute in using the following manner: procedures: 23.01 (a) any Party may at any time deliver The party seeking arbitration shall notify the other party, giving the name of its nominee to the other Arbitration Board together with a written dispute notice setting forth a brief description list of those items it wishes to refer to the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; Board. 23.01 (b) during the twenty (20) day period following the delivery of the notice described in clause (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then The other party shall respond within ten (10) working days of receipt of this notice and shall advise the name and address of its appointee to the Arbitration Board and shall also indicate any additional issues which it wishes to refer to the Arbitration Board. 23.01 (c) The two (2) appointees so elected shall, within five (5) working days after receipt of notice of appointment of the period described in clause second of them, appoint a third person who shall be Chair of the Arbitration Board. 23.01 (d) If the recipient of the notice fails to name an appointee, or if the two (2) appointees fail to agree on a Chair within the time limit, the appointment may be made by the Minister of Labour upon request by the party. 23.02 The Arbitration Board is governed by the following provisions: (a) The Arbitration Board shall have jurisdiction to hear and render a decision on any issue which is unresolved between the parties, and which is not specifically excluded from its jurisdiction by the provisions of paragraphs (b) aboveor (c) below. (b) The Arbitration Board shall not have jurisdiction to consider any item which constitutes an educational requirement of the prescribed program for any Resident to which the collective agreement applies, including but not limited to, the Parties hours of work as required for educational purposes by the Royal College of Physicians and Surgeons of Canada, the Conjoint Committee of Accreditation of Pre-Registration Physician Training Programs, the College of Family Physicians of Canada and Dalhousie University. (c) The Arbitration Board shall not have jurisdiction to consider any matter which pertains to standards of patient care. (d) All matters concerning teaching hospital facilities including but not limited to those outlined in Article 20 shall first be processed through the Joint Consultation Committee, where every reasonable effort will refer be made to resolve those issues. If every reasonable effort has not been made by the issue (Joint Consultation Committee, and the teaching hospital concerned, to resolve the matter to the exclusion satisfaction of the parties, then the Arbitration Board shall have jurisdiction over the matter and will render a court decision which is binding on both parties and the teaching hospital(s) concerned. If, however, the Arbitration Board finds that every reasonable effort has been made by the Joint Consultation Committee and the hospital(s) concerned to resolve the issue, it shall have no jurisdiction to hear the issue. (e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation. (f) Each party shall be responsible for the expenses and remuneration of lawits nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair. (g) to The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding arbitration in the county in which Executive’s principal offices are located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American Arbitration Association (“AAA”) shall apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within the county in which Executive’s offices are located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoicedparties.

Negotiation and Arbitration. If the Parties should have a material dispute arising out of or relating to this Agreement or the Parties’ respective rights and duties hereunder, except as otherwise provided for by this subsection (b) or the Covenant Agreement referenced in Section 5, then the Parties will resolve such dispute in the following manner: (a) any Party may at any time deliver to the other a written dispute notice setting forth a brief description of the issue for which such notice initiates the dispute resolution mechanism contemplated by this Section; (b) during the twenty (20) day period following the delivery of the notice described in clause subsection (a) above, appropriate representatives of the various Parties will meet and seek to resolve the disputed issue through negotiation; (c) if representatives of the Parties are unable to resolve the disputed issue through negotiation, then within ten (10) days after the period described in clause subsection (b) above), the Parties will refer the issue (to the exclusion of a court of law) to final and binding arbitration exclusively in the state and county in which Executivethe Company’s principal offices are office is located. In any arbitration pursuant to this Agreement: (x) the rules and regulations (“Rules”) promulgated by the American America Arbitration Association (“AAA”) shall apply to the proceedings and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (y) discovery shall be allowed and governed by the Florida Code Rules of Civil Procedure; and (z) the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each of the respective Parties and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two Party-appointed arbitrators. In the event of failure of said two arbitrators to agree within thirty (30) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either Party shall fail to appoint an arbitrator within ten (10) days after the commencement of the arbitration proceedings, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. Nothing set forth above shall be interpreted to prevent the Parties from agreeing in writing to submit any dispute to a single arbitrator in lieu of a three (3) member Board of Arbitration. Upon the completion of the selection of the Board of Arbitration (or if the Parties otherwise agree in writing to a single arbitrator) an award or decision shall be rendered within no more than thirty (30) days. Notwithstanding the foregoing, the request by either Party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, shall not be subject to arbitration and may be adjudicated by the courts located within exclusively in the state and county in which Executivethe Company’s offices are principal office is located. ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM OR PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY TRANSACTION OR CONDUCT IN CONNECTION HEREWITH, IS WAIVED. The Company agrees to pay promptly as incurred, to the full extent permitted by law, all reasonable legal fees and expenses which Executive may reasonably incur as a result of any dispute or contest (regardless of the outcome thereof) by the Company, the Executive (but excluding disputes or contests by Executive not in good faith or that are frivolous) or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any dispute or contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, that this sentence shall not apply to disputes or contests by the Company (i) involving enforcement of the provisions of Section 5 by injunctive or other, similar equitable relief, or (ii) for damages for the violation of Section 5 (unless such dispute or contest for damages also involves a claim by Executive that amounts owed to him hereunder have not been paid). Amounts shall be invoiced within sixty (60) days of being incurred and shall be paid within fifteen (15) days after being invoiced.