Procedural Issues. All Warrant Shares issued pursuant to this Section 1.1 shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares. A stock certificate or certificates for the Warrant Shares specified in the Exercise Form shall be delivered to the Warrantholder as promptly as practicable, and in any event within three Business Days, thereafter. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates, deliver to the Warrantholder a new Warrant evidencing the rights to purchase the remaining Warrant Shares, which new Warrant shall in all other respects be identical with this Warrant. No adjustments shall be made on Warrant Shares issuable on the exercise of this Warrant for any cash dividends paid or payable to holders of record of Common Stock prior to the date as of which the Warrantholder shall be deemed to be the record holder of such Warrant Shares.
Procedural Issues. All Warrant Shares issued pursuant to this Section 1.1 shall be deemed to be issued to the Warrantholder as the record holder of such Warrant Shares as of the close of business (i) on the date on which this Warrant shall have been surrendered and payment made for the Warrant Shares, if issued pursuant to Section 1.1(a) or Section 1.1(c), or (ii) on the date on which this Warrant shall have been surrendered, if issued pursuant to Section 1.1(b). A stock certificate or certificates for the Warrant Shares specified in the Exercise Form shall be delivered to the Warrantholder as promptly as practicable, and in any event within ten (10) days, thereafter. The stock certificate or certificates so delivered shall be in denominations of 100 shares each or such lesser or greater denominations as may be reasonably specified by the Warrantholder in the Exercise Form. If this Warrant shall have been exercised only in part, the Company shall, at the time of delivery of the stock certificate or certificates, deliver to the Warrantholder a new Warrant evidencing the rights to purchase the remaining Warrant Shares, which new Warrant shall in all other respects be identical with this Warrant. No adjustments shall be made on Warrant Shares issuable on the exercise of this Warrant for any cash dividends paid or payable to holders of record of Common Stock prior to the date as of which the Warrantholder shall be deemed to be the record holder of such Warrant Shares.
Procedural Issues. The decision of the arbitrator shall be final and binding on both parties. The costs for the arbitration shall be divided equally between the Union and the Medical Center. The arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement. Upon request, the Medical Center shall make every effort to reschedule any employee called as a witness in any arbitration hearing in order that said employee shall have continuity of income, provided, however, the notice of intention to call an employee as a witness shall be provided by the Union to the Employer in writing and at least fourteen (14) days prior to any hearing.
Procedural Issues. (a) An election by a Player or a Club of salary arbitration made in accordance with the provisions herein, shall give to the Salary Arbitrator jurisdiction in the dispute with respect to the other party also. Subject to Section 12.10, the Salary Arbitrator's decision shall be final and binding on the parties. The Club and the Player shall sign an SPC promptly thereafter, effective as of the date the Salary Arbitrator's decision is issued, for the League Year(s) for which the request for salary arbitration was made under this Article, setting out the terms of the Salary Arbitrator's decision. The terms of the award of the Salary Arbitrator shall not be modified in any respect.
Procedural Issues. 1. Each Party shall promote public awareness of environmental laws and policies, including enforcement and compliance procedures, by ensuring that relevant information is available to the public.
Procedural Issues. 8.1 Each Party shall within 5 (five) Business Days after the Signature Date provide the other with a list of the names of persons duly authorised to bind such party and to act as the contact persons pursuant to the provisions of this Agreement, certified specimens of such persons’ signatures and evidence satisfactory to each party that such persons are in fact duly authorised to bind the Party it represents.
Procedural Issues. Upon presentation of the appropriate identification, a host library will normally enter information about the user into its circulation system or patron database. For borrowing purposes, each host library will decide whether to use the library card from the individual's home institution or to provide that person with one of its own library cards. The identification presented should not be surrendered to the host library. It should be retained by the user for use at other libraries as required. Library users will be expected to adhere to the policies and procedures of each host library, including loan periods, renewal and recall procedures, and fines. Each host library will be responsible for enforcing its loan policies with users from other institutions, including fines and other sanctions. If a host library is unable to enforce its policies or procedures with a user from another institution, the host library will contact the library of the user's home institution to take over. Staff at the host library should inform library users about procedures for returning borrowed materials. While materials may be returned to other libraries within the same consortium, library users will be expected to return borrowed materials directly to host libraries that are part of another consortium.
Procedural Issues. The Arbitration Panel attached the utmost importance to due process and fair trial during both the written and oral stages of the proceed- ings. As the Rules and PGDC were brief with respect to procedural issues, the Arbitration Panel let itself be guided by the general proce- dural principles applicable before courts and arbitral bodies as codi- fied in the AAA Guidelines110 or the principles applied in internation- al commercial arbitration. At all stages of the proceedings ample opportunity was given to the parties, including the athlete, to submit their views and to present their witnesses and expert witnesses. On several occasions the Arbitration Panel summoned expert witnesses on its own behalf.111 Probably the most important procedural achievement to result from the Arbitration Panel’s case law is that, from the mid-nineties, athletes began to be formally treated as independent parties to the dis- pute with full rights, even where under Rule 21, paragraph 3 (ii) in the majority of cases the member federation, not the athlete, was the respondent. On several occasions it was suggested that in disputes under Rule 21, paragraph 3 (ii), where the IAAF appealed a decision of a body of a member federation, the Arbitration Panel was only competent to review the legality of the contested decision on the basis of the facts and evidence available before that body. The Panel has consistently 103 Schedule 1 PGDC, see footnote 42. 104 Note to Schedule 1 Part I under (a) (I) PGDC, 2000 Edition. 105 Xxxxx (2000), see footnote 72, recital 15 and 16. 106 See footnote 44. 107 Rule 60, paragraph 2 (a). 108 Xxxxxxx (2003), see footnote 88. 109 Rule 60, paragraph 8 and PGDC. 110 International Arbitration Guidelines of the American Arbitration Association, xxxx://xxx.xxx.xxx/rules/internation- al/international-rules/html 111 Rule 5 and 1 (b), (h) AG. rejected this argument. Instead, the Panel interpreted the Rules as providing for proceedings de novo. Thus, whenever the IAAF appealed against a national decision, the case would be heard taking into account all legal, factual and scientific aspects available at the time of the hearing. ARTICLES 22 2005/3-4
Procedural Issues. Each party may serve a single request for production of documents. If disputes arise concerning these requests, the arbitrators shall have sole and complete discretion to determine the disputes. The arbitrators shall give effect to applicable law, including statutes of limitation, in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrators.
Procedural Issues. Corrupt gifts and fraud The Terminal Operator warrants that in entering into this Agreement it has not committed any Corrupt Act. If the Terminal Operator, any Shareholder, any Subcontractor or any Affiliate of any of them (or anyone employed by or acting on behalf of any of them) admits to or is convicted of having committed any Corrupt Act in relation to the Project or in respect of any of the Project Documents, then the TNPA shall be entitled to act in accordance with clauses 50.2.1 to 50.2.9 below: if the Corrupt Act is committed by the Terminal Operator, any Shareholder, any director of the Terminal Operator, any director of any Shareholder, or any employee of the Terminal Operator or of any Shareholder acting under the authority of or with the knowledge of a director of the Terminal Operator or such Shareholder, as the case may be, then in any such case, the TNPA may terminate this Agreement with immediate effect by giving written notice to the Terminal Operator; if the Corrupt Act is committed by an employee of the Terminal Operator or of any Shareholder acting of his or her own accord, then in any such case, the TNPA may give written notice to the Terminal Operator of termination and this Agreement will terminate, unless within [thirty (30)] Business Days of the Terminal Operator’s receipt of such notice that employee’s involvement in the Project is terminated and (if necessary) the performance of any part of the Project Deliverables previously performed by him or her is performed by another person; if the Corrupt Act is committed by a Subcontractor or supplier, director of a Subcontractor or supplier or an employee of a Subcontractor or supplier acting under the authority or with the knowledge of a director of that Subcontractor or supplier, then in any such case, the TNPA may give written notice to the Terminal Operator of termination and this Agreement will terminate, unless within [sixty (60)] Business Days of its receipt of such notice the Terminal Operator terminates the relevant Subcontract or supply contract and procures the performance of the relevant part of the Project Deliverables by another person, where relevant; if the Corrupt Act is committed by an employee of a Subcontractor acting of his or her own accord, then the TNPA may give notice to the Terminal Operator of termination and this Agreement will terminate, unless within [thirty (30)] Business Days of its receipt of such notice the Terminal Operator procures the termination of t...
