Proceedings in court Sample Clauses

Proceedings in court. If a civil action is filed to resolve the Claim, the case shall be submitted to judicial arbitration pursuant to chapter 2.5 (commencing with section 1141.10) of title 3 of part 3 of the Code of Civil Procedure, notwithstanding section 1141.11 of that code. The Civil Discovery Act of 1986 (article 3 (commencing with section 2016) of chapter 3 of title 3 of part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision to the extent consistent with the rules pertaining to judicial arbitration.
Sample 1Sample 2
AutoNDA by SimpleDocs
Proceedings in court. Except as oth- erwise provided in this paragraph (g)(6), the IRS will not refer a case to the Department of Justice for the com- mencement of a proceeding in court, against a person named in a pending offer to compromise, if xxxx to collect the liability is prohibited by paragraph (g)(1) of this section. Without regard to whether a person is named in a pending offer to compromise, however, the IRS may authorize the Department of Jus- xxxx to file a counterclaim or third- party complaint in a refund action or to join that person in any other pro- ceeding in which liability for the tax that is the subject of the pending offer to compromise may be established or disputed, including a suit against the United States under 28 U.S.C. 2410. In addition, the United States may file a claim in any bankruptcy proceeding or insolvency action brought by or against such person.
Sample 1
Proceedings in court. Except as oth- erwise provided in this paragraph (b)(2), the IRS will not refer a case to the Department of Justice for the com- mencement of a proceeding in court, against a person named in an install- ment agreement or proposed install- ment agreement, if levy to collect the liability is prohibited by paragraph (a)(1) of this section. Without regard to whether a person is named in an in- stallment agreement or proposed in- stallment agreement, however, the IRS may authorize the Department of Jus- xxxx to file a counterclaim or third- party complaint in a refund action or to join that person in any other pro- ceeding in which liability for the tax that is the subject of the installment agreement or proposed installment agreement may be established or dis- puted, including a suit against the United States under 28 U.S.C. 2410. In addition, the United States may file a Internal Revenue Service, Treasury § 301.6332–1 claim in any bankruptcy proceeding or insolvency action brought by or against such person. If a person named in an installment agreement is joined in a proceeding, the United States ob- tains a judgment against that person, and the case is referred back to the IRS for collection, collection will continue to occur pursuant to the terms of the installment agreement.
Sample 1
Proceedings in court. Except as oth- erwise provided in this paragraph (g)(6), the IRS will not refer a case to Internal Revenue Service, Treasury § 301.7209–1 the Department of Justice for the com- mencement of a proceeding in court, against a person named in a pending offer to compromise, if xxxx to collect the liability is prohibited by paragraph (g)(1) of this section. Without regard to whether a person is named in a pending offer to compromise, however, the IRS may authorize the Department of Jus- xxxx to file a counterclaim or third- party complaint in a refund action or to join that person in any other pro- ceeding in which liability for the tax that is the subject of the pending offer to compromise may be established or disputed, including a suit against the United States under 28 U.S.C. 2410. In addition, the United States may file a claim in any bankruptcy proceeding or insolvency action brought by or against such person.
Sample 1

Related to Proceedings in court

  • Competent Court The Court of Milan shall have jurisdiction over any dispute arising out of this offer to purchase.

  • Initiation of Proceedings (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than 60 days after such request has been notified to the other Contracting Party.

  • Language of Proceedings a) Where a dispute arises uniquely under a collective agreement in the French language, the documentation shall be provided, and the proceedings conducted in French. Interpretative and translation services shall be provided accordingly to ensure that non-francophone participants are able to participate effectively.

  • MAGISTRATE’S COURT JURISDICTION The Parties hereto consent to the jurisdiction of the Magistrates' Court in terms of Section 45 read with Section 28 of the Magistrates’ Court Act of 1944 as amended. Notwithstanding the aforementioned, this shall not preclude either Party from approaching the High Court of South Africa for any relief sought. This Agreement shall further be governed in terms of the law of the Republic of South Africa.

  • Further Proceedings The Contract Dispute Resolution Board shall permit the Contractor to present its case by submission of memoranda, briefs, and oral argument. The Contract Dispute Resolution Board shall also permit NYCDOT to present its case in response to the Contractor by submission of memoranda, briefs, and oral argument. If requested by the City Corporation Counsel, the Comptroller shall provide reasonable assistance in the preparation of the Agency’s case. Neither the Contractor nor NYCDOT may support its case with any documentation or other material that was not considered by the Comptroller, unless requested by the Contract Dispute Resolution Board. The Contract Dispute Resolution Board, in its discretion, may seek such technical or other expert advice as it shall deem appropriate and may seek, on its own or upon application of a party, any such additional material from any party as it deems fit. The Contract Dispute Resolution Board, in its discretion, may combine more than one dispute between the parties for concurrent resolution.

  • Transparency of Arbitral Proceedings 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal.

  • Appearance in Court When an employee is required by the Employer to appear in any court or before any attorney for the purpose of testifying because of any accident he/she may have been involved in during working hours, the employee shall be reimbursed in full by the Employer for all time spent or hours of work lost, computed at his/her current hourly rate of pay, whichever is greater, because of his/her appearance.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed Xxxxxx, Xxxxxx & Xxxxxxxx, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties.

  • PREVIOUS COURT ACTIONS The Couple has: (check one) ☐ - ALREADY had custody and visitation rights administered by a court in the County of , State of . Case Number . ☐ - NOT had custody and visitation rights administered by a court.

Time is Money Join Law Insider Premium to draft better contracts faster.