SPECIAL PROCEEDINGS Clause Samples
The "Special Proceedings" clause defines procedures or rules that apply to specific types of legal actions that differ from ordinary litigation. Typically, this clause outlines unique steps, timelines, or requirements for handling matters such as injunctions, probate, or other non-standard court processes. By establishing tailored procedures for these cases, the clause ensures that special legal matters are addressed efficiently and appropriately, solving the problem of applying general litigation rules to situations that require specialized handling.
SPECIAL PROCEEDINGS. 1. At times the Association shall be qualified to prosecute a claim of grievance because the alleged violation has affected an identifiable group of three (3) or more teachers within the bargaining unit. In this event the Executive Committee of the Association will be the grievant and will file the grievance directly with the Superintendent, or his/her designee, at Step Three of the formal grievance proceedings.
2. If it is the desire of any teacher to exclude from the grievance procedure those matters which the teacher desires to have submitted to the Tenure Commission under the provision of the Michigan Teacher Tenure Act, then that teacher may pursue his/her claim notwithstanding the existence of the grievance procedure of this Agreement by invoking the right contained in this section.
SPECIAL PROCEEDINGS. 8.1 The joint guarantors will undertake the joint liability with the loanee for this loan debt, i.e. the liability to compensate solely and completely, and they will give up the right of plea for preference claims stated in article 745 of Civil Law.
8.2 If the loanee breaches the agreement, and your bank claims the right to regard all the debt expired according to the agreement, you bank is entitled to discharge the deposits of loanee and joint guarantors in your bank or creditor's rights to your bank in advance and use the fund from the discharge in advance to countervail all the debts to your bank. The check deposit business between the loanee/joint guarantors and your bank can be settled and cancelled at any moment by each party, so that your bank is entitled to settle and cancel the check deposit and claim the countervailing according to the above-mentioned agreement if the above-mentioned debt is regarded to be expired. The meaning representation of above-mentioned scheduled countervailing by your bank will become effective since the countervailing is finished and account is recorded without any further notice. The deposit certificate, deposit book or other voucher issued by your bank to the loanee and joint guarantors will become ineffective in the countervailing scope.
8.3 The loanee and joint guarantors should countervail the debt in order of each expense, penalty, interest, deferred interest and principal when reimbursing the debt one-off or by stages. If there are numerous debts, and the countervailed debt is not specified in the reimbursement, the order in article 322 of Civil Law will be referred.
8.4 The performing place of this loan is location of your bank. If the lawsuit is involved because the loanee and the joint guarantors do not perform this agreement, the loanee and the joint guarantors agree that the lawsuit where your bank is located or Taiwan ________ district is the first trail lawsuit, while the application of small-claims court stated in article 47 of Consumer Protection Law and article 436 of Civil Law is not exempted.
8.5 The joint guarantors agree that the addresses on this receipt are the location where the relevant documents are delivered when associating with your bank; if the addresses of joint guarantors are altered, your bank will be informed in written immediately. The both parties agree that the relevant documents should be delivered to the altered address; if your bank is not informed, the relevant documents will be r...