PRELIMINARY PROCEEDINGS Sample Clauses
The Preliminary Proceedings clause defines the initial steps or actions that must be taken before the main obligations or processes of an agreement commence. This may include requirements such as submitting initial documentation, holding pre-contract meetings, or completing due diligence checks. By outlining these early-stage activities, the clause ensures that all parties are adequately prepared and that foundational matters are addressed, thereby reducing misunderstandings and facilitating a smoother progression into the main contractual relationship.
PRELIMINARY PROCEEDINGS. 3. The Complaint.
PRELIMINARY PROCEEDINGS. 3. The Complaint.
4. Arrest Warrant or Summons Upon Complaint.
(a) Issuance.
(b) Probable Cause.
(c) Form.
PRELIMINARY PROCEEDINGS. Any neutral panel having jurisdiction under this Chapter to which a dispute has been referred in accordance with Article 11 (Establishment of a Neutral Panel) and Article 15 (Terms of Reference of the Neutral Panel), shall determine at the request of a party to the dispute, a Party with legitimate third party rights, or propio motu, whether the claim constitutes an abuse of legal process or whether, prima facie, it is well founded. If the neutral panel determines that the claim constitutes an abuse of legal process or is prima facie, unfounded, it shall take no further action in the case.
PRELIMINARY PROCEEDINGS. Tenured Faculty only
1. When the College has reason to question the fitness of a faculty member who has tenure, the appropriate administrative officers shall discuss the matter with the member in a personal conference. The forum member has the right to Forum representation in such a conference. The matter may be terminated by mutual consent after such a conference.
2. If an adjustment does not result from 10.5.a (1). within fifteen business days, a Review Committee of three (3) tenured faculty members will be selected by the Vice President for Instruction from a list of seven (7) provided by the Faculty Forum (without representation from the faculty member’s discipline). The Review Committee shall informally inquire into the situation to affect an adjustment, if possible, and, if none is affected, to determine whether in its view formal proceedings to consider the member’s dismissal should be instituted.
3. If the Review Committee recommends that formal proceedings should begin, or, if the President of the College, even after considering a recommendation of the Review Committee favorable to the faculty member, expresses his/her conviction that a proceeding should be undertaken, action shall be commenced under the procedures which follow within fifteen (15) business days.
4. Except where there is disagreement, a statement with reasonable specificity of the grounds proposed for the dismissal should then be jointly formulated by the President and the Review Committee prior to commencement of the formal proceedings.
5. If there is disagreement between the Review Committee and the President, the President and his/her designee should formulate the statement called for above.
PRELIMINARY PROCEEDINGS. Except in the case of reductions-in-force (which are governed by Article 13 of this Agreement), the President or designee shall provide written reasons for considering the potential dismissal of a faculty member and shall provide an opportunity for the faculty member to meet informally with the President or designee to discuss the concerns. The faculty member may have a union representative present at this meeting. The matter may be informally resolved at this point by mutual agreement. The President shall place the letter and/or any resolution agreement in the faculty member’s personnel file unless mutually agreed otherwise.
PRELIMINARY PROCEEDINGS. The Complaint Rule 4
PRELIMINARY PROCEEDINGS. Prior to the institution of any arbitration proceeding pursuant to this "Arbitration" Section, Licensor or Licensee may, at their respective option, elect to:
A. Have the arbitrator conduct, in a separate proceeding prior to the actual arbitration, a preliminary hearing, at which hearing testimony and other evidence may be presented and briefs may be submitted, including, without limitation, a brief setting forth the then applicable statutory or common Law methods of measuring damages in respect of the controversy or claim being arbitrated; or,
B. Submit the controversy or claim to non-binding mediation before the LCIA or another mutually agreeable mediator, in which event both parties shall execute a suitable confidentiality agreement.