Neutral Third Party Sample Clauses

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Neutral Third Party. 1. In the event that the Reclassification committee does not reach a decision to approve or decline a reclassification request, but concludes with a three (3) by three (3) stalemate, then the reclassification application will be reviewed by a neutral third party to be paid by the District. The neutral third-party shall be selected jointly by the District and CSEA to deliberate the reclassification in question. In the event the District and CSEA cannot agree on a neutral third-party, that party shall be a mediator employed by the State Conciliation/Mediation Service. 2. The impartial third party shall review reclassification documents as provided and may interview affected employee and immediate supervisor. 3. The neutral third-party/mediator shall recommend a resolution to any disputes to the committee, who shall adopt their recommendation.
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Neutral Third Party. If the grievance is not resolved at Step 3, then the party seeking resolution may, at its option, proceed to the next level, which is a request for arbitration. A written request for arbitration must be submitted with a copy to the American Arbitration Association, within ten (10) school days after receiving the Step 3 response. The notice shall set forth the claim submitted for arbitration, the specific provision(s) of the Agreement involved, and the remedy sought. The aggrieved party shall request the AAA to process the grievance to arbitration in accordance with the voluntary labor arbitration rules of the American Arbitration Association for this proceeding. Date of mailing or hand-delivery shall constitute filing under this Article. The arbitrator shall have no authority to add to, subtract from, fail to apply, alter, amend or in any way modify the terms and provisions of the Agreement. An arbitrator may provide for and direct such relief as the arbitrator deems necessary and proper, subject to the limitations set forth herein and any applicable limitation of law. If the parties cannot agree upon the designation of an impartial arbitrator, either party may within seven (7) school days following the request for arbitration, ask the American Arbitration Association to submit a panel of five (5) arbitrators from which to select the arbitrator. To select the arbitrator, each party shall strike two (2) names from the list, and the remaining name shall be the arbitrator. The party requesting the arbitration shall make its strikes first. The arbitrator selected from the list above shall hear the evidence presented by both parties in accordance with AAA Rules, and shall render his/her decision in writing within sixty (60) calendar days from the date of the hearing. The arbitrator’s decision shall be final and binding on the Employer, the Union and the Grievant. The fees and expenses of the arbitrator shall be paid by the party who loses the arbitration. The costs, if any, of a hearing room, shall be shared costs between the Employer and the Union. Without mutual written agreement to the contrary, only one grievance shall be heard at any one arbitration hearing.
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  • Non-Third Party Claims Upon discovery of any claim for which Buyer has an indemnification obligation under the terms of Section 12.1 which does not involve a claim by a third party against the Indemnitee, the Indemnitee shall give prompt notice to Buyer of such claim and, in any case, shall give Buyer such notice within 30 days of such discovery. A failure by Indemnitee to timely give the foregoing notice to Buyer shall not excuse Buyer from any indemnification liability except to the extent that Buyer is materially and adversely prejudiced by such failure.

  • Notice to Third Parties Licensee shall give written notice, prior to the first sale of Licensed Product, to any Third Party to which it sells Licensed Product of the restrictions contained in this Section 5, and Licensee shall use its best endeavors, without prejudice to any other provision of this Agreement, to ensure that such Third Parties will undertake to abide by the restrictions contained in this Section 5 and will assist the MPP and Pfizer in securing compliance with this Section 5 and the restrictions which it contemplates.

  • Liability to Third Parties The Member shall not be liable for the debts, obligations or liabilities of the Company, including under a judgment, decree or order of a court.

  • Sale to Third Party If the Company, after receiving the Sale Notice, fails to exercise its option as provided in Section 3.2, or if it declines to exercise the same, the Participant shall be entitled to transfer the Vested Shares to the third party on the terms contained in the Offer, and shall be entitled to have his Vested Shares transferred on the books of the Company, but only if the third party purchaser agrees to be bound by the terms of this Agreement applicable to Vested Shares. If the Participant fails to close the transfer of his Vested Shares within sixty (60) days after the option of the Company has expired or been waived, the restrictions contained in this Article III shall again apply and must be met prior to effecting any transfer of Vested Shares. Any transfer of Vested Shares by the Participant to any unaffiliated third party shall comply with all applicable securities laws, and the Company may refuse to transfer any Vested Shares unless it receives such assurance and opinions from legal counsel acceptable to the Company that any such transfer is in compliance with all applicable securities laws.