Common use of Reference to Neutral if Necessary Clause in Contracts

Reference to Neutral if Necessary. The Company and the Union agree that it is preferable for the parties to reach a mutual agreement on the Annual Adjustment, on the basis of the preceding principles, without reference to the Neutral. Should the ERRC not reach agreement on the Continuous Improvement Incentive according to the principles described in Section 2(b), it will be determined by the Neutral after the presentation of evidence regarding the factors considered by the section. The Neutral’s determination will be guided by the principles embodied in the FFA and by the principles described in this Article. The Neutral may also address any matter related to an Extraordinary Adjustment on which the ERRC cannot reach agreement.

Reference to Neutral if Necessary. The Company and the Union agree that it is preferable for the parties to reach a mutual agreement on the Annual Adjustment, on the basis of the preceding principles, without reference to the Neutral. Should the ERRC not reach agreement on the Continuous Improvement Incentive Adjustment according to the principles described in Section 2(b), it will be determined by the Neutral after the presentation of evidence regarding the factors considered by the section. The Neutral’s determination will be guided by the principles embodied in the FFA and by the principles described in this Article. The Neutral may also address any matter related to an Extraordinary Adjustment on which the ERRC cannot reach agreement.