Pending Resolution Sample Clauses

Pending Resolution. Notwithstanding any other provision of this Contract or the other Contract Documents to the contrary, while any dispute, action or proceeding exists between Contractor and Owner, so long as Owner continues to pay all undisputed amounts hereunder (or is otherwise excused from making payment of undisputed amounts pursuant to the terms of this Agreement), Contractor shall continue to perform the Work diligently and observe its other obligations in accordance with this Contract so as to complete the Work on or before the Guaranteed Date of Substantial Completion, which agreement of Contractor shall be specifically enforceable. Notwithstanding any provision to the contrary herein or in the other Contract Documents, Contractor shall not be relieved of any of its obligations hereunder unless pursuant to (but only to the extent of) a final judgment resolving any such dispute, action or proceeding. Contractor recognizes and acknowledges that the provisions of this Section and the completion of the Work on a timely basis notwithstanding any dispute, action or proceeding are fundamental to the contractual relationship established pursuant to this Contract, shall be specifically enforceable, and that Owner would not have entered into this Contract but for Contractor’s agreement set forth herein. Contractor acknowledges that it understands and has duly considered and consulted with counsel concerning the significance of this provision.
Pending Resolution. During such arbitration proceedings, the business and the operations to be conducted under this Agreement, to the extent that they are the subject of such controversy, shall continue to be transacted, used and paid in the manner and form existing prior to the arising of such controversy, unless the arbitrator shall make a preliminary ruling to the contrary.
Pending Resolution. NEON shall continue to provide the Network Plus Fiber Network pursuant to this Agreement during the proceedings described in this Section 22 and Network Plus shall continue to make payments in accordance with this Agreement.
Pending Resolution. During any period after the Initiation Notice and during the Mediation, (a) neither party shall be relieved of its obligation to timely pay amounts claimed by the other in good faith to be due on account of Multek Operating Expenses or IBM Service Charges and IBM or Multek (as the case may be) may proceed to exercise all remedies available in Section 6.5 on account of non-payment; (b) neither party shall be relieved of its obligation to timely pay any reconciliation amounts due the other pursuant to reconciliation statements issued by either party or its Accountant and IBM or Multek (as the case may be) may proceed to exercise all remedies available in Section 6.5 on account of non-payment, except that such payments shall be deposited with counsel for the party who gave the Initiation Notice until the matter in dispute is finally resolved; (c) neither party shall be relieved of its obligation to cause Services to be provided in accordance with the provisions of this Agreement, except as authorized in Section 6.5, and each may proceed to exercise all remedies available in Section 6.5 on account thereof; (d) except to enforce the obligations in paragraphs (a),(b) and (c) above, and except to avoid the running of any applicable statute of limitations or similar rule, no party may exercise the remedies granted to it below until it has completed the processes (to the extent applicable) set forth in Sections 6.1 and 6.2, but nothing in this Article 6 shall be construed as limiting or delaying notice of an Event of Default or running of cure periods; (e) notwithstanding any delay arising out of the Mediation, interest on any amount determined to be due shall accrue, commencing as of the date the contested sums have been paid or are owed, on all amounts mutually agreed upon or determined by the Mediator to be due to a party, to be calculated in the manner agreed upon in subsection 3.4(b); and (f) notwithstanding any delay arising out of the Mediation, any party mutually agreed upon or determined by the Mediator to have committed an Event of Default shall be liable for damages, if any, from the date
Pending Resolution. Pending resolution of a dispute addressed under this stipulation, the Signatories shall continue with those actions under this PA that are not the subject of dispute.
Pending Resolution. Pending resolution of a dispute addressed under this stipulation, the Signatories shal l continue with xxxx e actions under this PA that are not the subject of dispute.

Related to Pending Resolution

  • Authorizing Resolutions Notwithstanding the foregoing provisions of this section 5.1, an Authorizing Resolution may limit the authority of the Manager and/or confer voting rights on Investor Members.

  • Grievance Resolution All grievances with the economic implications which are satisfactorily resolved at Step 1 or Step 2 of the Grievance Procedure, other than for wage claims pursuant to the provisions of this Agreement, must be approved in writing by the Board of Commissioners at its next regularly scheduled monthly meeting before they shall be final. The time limitations set forth in the Grievance Procedure shall be stayed during the period in which grievances are referred to the Board of Commissioners under this Section. If the resolution of a grievance is not approved, the Union shall have fifteen (15) days following receipt by the Union of notice of the County Board of Commissioners’ action to request arbitration.

  • Problem Resolution The parties will endeavour to resolve any problems identified with the operation of this Agreement as they arise.

  • Issue Resolution Except for actions initiated by the Company to enjoin a breach by, and/or recover damages from the Executive related to violation of any of the restrictive covenants in Article 8 of this Agreement, which Company may bring in an appropriate court of law or equity, any disagreement between the Executive and the Company concerning anything covered by this Agreement or concerning other terms or conditions of the Executive's employment or the termination of the Executive's employment will be settled by final and binding arbitration pursuant to the Company's Associate Issue Resolution Program. The Dispute Resolution Agreement and the Dispute Resolution Rules and Procedures are incorporated herein by reference as if set forth in full in this Agreement. The decision of the arbitrator will be final and binding on both the Executive and the Company and may be enforced in a court of appropriate jurisdiction.

  • Error Resolution If you believe that you did not authorize an electronic fund transaction, if you need a copy of a transaction receipt from a Merchant, if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt, you should call or write us at the phone number or address shown at the end of these Regulatory Disclosures under “UMB Contact Information” You should report errors no later than sixty (60) days after information is available to you on your periodic statement or in your electronic statement information concerning the transaction that you believe to be in error or which you believe is a problem. Include the following information: (a) your name and your HSA Deposit Account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or questions in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • Disputes Resolution It is the intent of the parties to communicate on a regular basis in a positive and effective manner. The parties agree to communicate areas of concern as they arise and to address those concerns in a professional manner. Any disputes between the Commission and the School which arise under, or are by virtue of, this Contract and which are not resolved by mutual agreement, shall be decided by the full Commission in writing, within 90 calendar days after a written request by the School for a final decision concerning the dispute; provided that where a disputes resolution process is defined for a particular program area (e.g., IDEA, Section 504, etc.), the Parties shall comply with the process for that particular program area; and further provided that the parties may mutually agree to utilize the services of a third-party facilitator to reach a mutual agreement prior to decision by the full Commission. Subject to the availability of an appeal under Ch. 302D, HRS, or BOE administrative rules or procedures, any such decision by the full Commission shall be final and conclusive.

  • Error Resolution Notice In Case of Errors or Questions About Your Electronic Transfers, Call or Write us using the contact information as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • DNS resolution RTT Refers to either “UDP DNS resolution RTT” or “TCP DNS resolution RTT”.

  • DNSSEC proper resolution There is a valid DNSSEC chain of trust from the root trust anchor to a particular domain name, e.g., a TLD, a domain name registered under a TLD, etc.

  • Formal Resolution (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i(1) or an audit committee pursuant to Section 11.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or MMC (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.