PRELIMINARY PROCEDURES Clause Samples
The Preliminary Procedures clause outlines the initial steps that parties must follow before engaging in the main obligations or dispute resolution processes under an agreement. Typically, this clause specifies requirements such as providing written notice, holding preliminary meetings, or attempting informal negotiations before escalating to formal actions like arbitration or litigation. Its core practical function is to encourage early communication and resolution of issues, potentially saving time and resources by addressing problems before they become more serious.
PRELIMINARY PROCEDURES. A. Owner may initiate changes by submitting Proposed Modification to Contractor. Request will include:
1. Detailed description of the Change, Products, and location of the change in the Project.
2. Supplementary or revised Drawings and Specifications.
3. A specific period of time during which the requested price will be considered valid, which shall be 90 calendar days, unless otherwise stated.
4. The specific action to be initiated by the Contractor.
5. The amounts of the unit prices to be:
a. Those stated in the Agreement and the Bid Form.
b. Those mutually agreed upon between Owner and Contractor.
B. Contractor may initiate changes by submitting a written notice to Owner containing:
1. Description of the proposed changes.
2. Statement of the reason for making the changes.
3. Statement of the effect on the Contract Sum and the Contract Time.
4. Statement of the effect on the work.
5. Documentation supporting any changes in Contract Sum or Contract Time, as appropriate.
C. All claims by the Contractor arising out of or relating to the performance of the work or any termination hereunder shall be made in writing and shall be decided by the Director of the Office of Facilities Management or his designated representative. All claims must be filed with the Office of Facilities Management within five (5) calendar days after sustaining the injury underlying the claim. Failure to comply with this provision shall constitute an absolute waiver of such claim. The Director or the Office of Facilities Management or his designated representative shall issue his written decision within thirty (30) days of his receipt of the written claim which decision shall be final.
PRELIMINARY PROCEDURES. When the College President receives or initiates a formal written recommendation about a Faculty member that may warrant dismissal, he or she shall inform that Faculty member and the PCFT President or Vice President in writing. Within ten (10) days after having been so informed, the Faculty member and a Faculty representative appointed by the PCFT will be afforded an opportunity to meet with the College President or his/her designee and the chair of the division. At this preliminary meeting, which in dismissal cases shall be an information gathering session, an adjustment may be mutually agreed upon. If the matter is not settled or adjusted to the satisfaction of the College President, he or she shall recommend that the Faculty member be dismissed.
PRELIMINARY PROCEDURES. If state or federal law requires an Owner, the Association or Declarant to take steps or procedures before commencing an action in arbitration, then the Owner, the Association or Declarant must take such steps or follow such procedures, as the case may be, before commencing the arbitration. For example, any claim or Disputes pursuant to California Civil Code Section 895 et seq., as hereafter amended may be subject to the non-adversarial procedures set forth in California Civil Code Section 910 through 938, prior to the initiation of any arbitration. In addition, nothing contained herein shall be deemed a waiver or limitation of the provisions of California Civil Code Sections 1368.4, 1375, 1375.05 or 1375.1;
PRELIMINARY PROCEDURES. Arbitration must be invoked within thirty (30) days of the receipt date of the final grievance decision and submitted in writing to the servicing Labor Relations Area (LRA). The notice to invoke shall identify the grievance and shall be signed and dated by an authorized representative on behalf of the Party submitting the matter to arbitration. If the arbitration invocation is withdrawn or the invocation deadline is not met, absent an approved extension by the noninvoking Party, the last written grievance decision will be considered final.
PRELIMINARY PROCEDURES. If either Party possesses a claim or dispute with respect to the duties and responsibilities required under this Agreement, that Party shall give the other written notice and demand an informal conference to meet and confer for settlement of the issues in dispute. Notice shall be given within fifteen (15) calendar days of knowledge of the claim or dispute. Upon receipt of a Party’s demand, the other Party shall schedule a meet and confer conference, to take place within ten (10) calendar days, or within a timeframe otherwise agreed to in writing by the Parties, at a time and location convenient to all Parties. Senior representatives of District and Bridging Architect, with the authority to settle on the Party’s behalf, shall attend the meet and confer conference, in good faith, in an attempt to resolve any controversy or claim between the Parties. Attendance at this conference shall be a condition precedent to the initiation of mediation or a civil action.
PRELIMINARY PROCEDURES. See Appendix A, “
PRELIMINARY PROCEDURES. 10.1 Upon Band Council Resolution approving in principle the Band Specific Agreement and Associated Instruments pursuant to subparagraph 4.1.1, and subject to ratification by the majority of Members committing the Chief and Councillors of the Band to execute and deliver the Band Specific Agreement and the Associated Instruments, Council shall forward to the Saskatchewan Regional Office of the Department a copy of the Band Council Resolution, accompanied by any documentation specified in paragraph 4 that the Ratification officer may request.
10.2 The date or dates fixed for the Ratification Vote should be at least thirty (30) days after notice is first posted in accordance with paragraph 10.7.
PRELIMINARY PROCEDURES. When it becomes necessary to question the fitness of a faculty member, the President will direct that the Vice President for Instruction and Learning or their designee meet with the faculty member in private conference. The faculty member shall have the right to have a representative present at the meeting. The matter may be settled by agreement at this point. If the matter is found to be without merit, there will be no written record unless required by Federal or State law. If the issue is resolved, a copy of that resolution will be retained in the faculty member's open file. If the matter is not resolved, the President may cause written charges to be prepared.
PRELIMINARY PROCEDURES. A. The City may initiate changes by submitting a proposal request to the Contractor. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. Request will include:
1. Detailed description of the change, products, and location of the change in the project.
PRELIMINARY PROCEDURES. If state or federal law requires the Parties to take steps or procedures before commencing an action in court, then the Parties must take such steps or follow such procedures, before commencing the arbitration. For example, any claims or disputes pursuant to California CIVIL CODE Sections 895 et. seq. as hereafter amended may be subject to the non-adversarial procedures set forth in California CIVIL CODE Sections 910 through 938, inclusive, prior to the initiation of any arbitration or small claims court proceeding.