shall apply Sample Clauses

shall apply. Upon demand of any party hereto, whether made before or after institution of any judicial proceeding, any judicial proceeding, any dispute, claim or controversy arising out of, connected with or relating to this Agreement and other Loan Documents ("Disputes") between or among the parties to this Agreement shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, disputes as to whether a matter is subject to arbitration, claims brought as class actions, claims arising from Loan Documents executed in the future, or claims arising out of or connected with the transaction reflected by this Agreement. Arbitration shall be conducted under the governed by the Commercial Financial Disputes Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association (the "AAA") and Title 9 of the U.S. Code. All arbitration hearings shall be conducted in Mecklenburg County, North Carolina. The expedited procedures set forth in Rule 51 et seq. of the Arbitration Rules shall be applicable to claims of less that $1,000,000. All applicable statutes of limitation shall apply to any Dispute. A judgement upon the award may be entered in any court having jurisdiction. The panel from which all arbitrators are selected shall be comprised of licensed attorneys. The single arbitrator selected for expedited procedure shall be a retired 72 79 judge from the highest court of general jurisdiction, state or federal, of the state where the hearing will be conducted or if such person is not available to serve, the single arbitrator may be a licensed attorney. Notwithstanding the foregoing, this arbitration provision does not apply to disputes under or related to swap agreements. Notwithstanding the preceding binding arbitration provisions, Agent, the Lenders and the Borrowers agree to preserve, without diminution, certain remedies that any party hereto may employ or exercise freely, independently or in connection with an arbitration proceeding or after an arbitration action is brought. Agent, the Lenders and the Borrowers shall have the right to proceed in any count of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted u...

shall apply. DISCLAIMER OF WARRANTIES for the Software: Subject to subsection “10.1.1” of this Agreement, the liability in connection with the Software is excluded except for intent or gross negligence. A claim for damages arising from a legal defect or a defect in the Software is only permissible if BABY AUDIO fraudulently conceals such defect. Subject to any statutory claims the Licensee may have under law (which shall not be affected), BABY AUDIO is not obliged to provide any additional technical support to users of the Software.

shall apply. In the event that this occurs, the Hospital is under no obligation to reinstate the previously scheduled shifts and the nurse will not be entitled to exercise bumping rights nor shall she/he be allowed to displace another nurse from his /her approved vacation.

shall apply. The Employer shall send the results to the Union along with a copy of the job description, questionnaire, rating sheet and other documentation the Employer used in making its determination. Article 23.05 shall apply. (ii) When the Employer changes the work of an existing position in Schedules “A” or “B”, the Employer shall forward a revised job description to the Union in accordance with Article 23.01. A posting to fill the vacancy shall indicate the position is “under review”. The Employer shall evaluate the position under the terms of the Job Evaluation Plan. Where the final rate of pay is higher than the interim rate of pay, such difference shall be paid retroactively to the date of the change of work of the position. Where the final rate of pay is lower than the employee’s regular rate of pay, Article 23.09 shall apply. The Employer shall send the results to the Union along with a copy of the job description, rating sheet and other documentation the Employer used in making its determination. Article 23.05 shall apply.

shall apply. Shall apply and add “In the spirit of professionalism and conforming with guidelines for other groups covered in this contract, PT/OT are expected to give 30 days notice when terminating employment or be subject to a one week salary fine.”

shall apply. In the event that this occurs, the Hospital is under no obligation to reinstate the previously scheduled shifts and the nurse will not be entitled to exercise bumping rights nor shall the nurse be allowed to displace another nurse from the nurse’s approved vacation. iii) In the event that a nurse cancels approved vacation after the completion of the vacation booking process the Hospital is under no obligation to offer the available vacation to other nurses. Should the Hospital opt to allow the available vacation to be granted to another nurse, the vacation time will be granted to the nurse which has requested these days/weeks first. (h) Where possible, the Hospital shall endeavour to grant single vacation day requests. (i) Where there are extenuating circumstances, a nurse may request from the Director of the Unit Program or designate the opportunity to carry over up to fifteen (15) days of vacation to the next vacation year. I-3 Vacation monies owing as a result of 16.06 of the central agreement will be paid on the second pay cheque in February following the end of the vacation year. I-5 Pre-approved vacation will be counted towards commitment at the time of initial posting, based on seniority and the number of hours available. For example, if the nurse was to have four (4) shifts over four weeks and takes one-week vacation, then the one-week of vacation would be counted as one shift. If the nurse takes two weeks vacation, then the vacation would be counted as two shifts. Less than one week of vacation will not be counted toward commitment.

shall apply. With respect to all Accounts purchased during the period from the first purchase of Accounts until the end of the month of purchase, and for the following full calendar month, the Service Charge Percent in the row designated as the Starting Tier in any fee table found in Exhibit A to the Factoring Master Agreement or otherwise incorporated into the Factoring Master Agreement.

shall apply. Respond to any call regarding a deceased animal in the Town within forty-eight (48) hours of receiving the complaint.

shall apply. If ▇▇▇▇ Firm fails to provide the notice and opportunity to inspect and test required under Section 8.5.1, then City may order any Work done or materials used to be uncovered, removed, repaired, restored or replaced by City at ▇▇▇▇ Firm’s cost and without an entitlement to a Claim, even if the Work proves to be in compliance with this Agreement after uncovering.