TRIBUNAL DETERMINATIONS Sample Clauses

TRIBUNAL DETERMINATIONS. If it is determined by a tribunal with authority that any payment provided for in this Agreement should be treated as wages then, in that event, the parties hereto specifically agree the ▇▇▇▇▇▇▇▇ Moving and Storage 201 1 -2014 51 PS/sb cop•343 Collective Agreement between Williams Moving and Storage and CAW Local 114 payments made pursuant to this Agreement are and have been received by the PORO in Trust and shall be conclusively deemed to include payment for all hours worked, overtime, vacation pay, statutory holiday pay and any amounts the Company ought to have withheld or paid or remitted to any third party excluding any government authority. All amounts which have been received pursuant to this Services Agreement from time to time and at any time shall be considered, and to the extent that such amounts exceed the statutory minimum requirements from time to time, such excess shall be considered Trust monies received in Trust by the PORO and shall stand to the credit of the Company in respect of any amounts which are found to be due or owing or ought to have been paid by the Company to the PORO or to any third party, excluding any government authority, in respect of the services provided by the PORO to the Company.
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TRIBUNAL DETERMINATIONS. If it is determined by a tribunal with authority that any payment provided for in this Agreement should be treated as wages then, in that event, the parties hereto specifically agree the payments made pursuant to this Agreement are and have been received by the PORO in Trust and shall be conclusively deemed to include payment for all hours worked, overtime, vacation pay, statutory holiday pay and any amounts the Company ought to have withheld or paid or remitted to any third party excluding any government authority. All amounts which have been received pursuant to this Services Agreement from time to time and at any time shall be considered, and to the extent that such amounts exceed the statutory minimum requirements from time to time, such excess shall be considered Trust monies received in Trust by the PORO and shall stand to the credit of the Company in respect of any amounts which are found to be due or owing or ought to have been paid by the Company to the PORO or to any third party, excluding any government authority, in respect of the services provided by the PORO to the Company.
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Related to TRIBUNAL DETERMINATIONS

  • Final Determination His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

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

  • Determination of Excise Tax Liability Unless the Company and the Executive otherwise agree in writing, the Company will select a professional services firm (the “Firm”) to make all determinations required under this Section 6, which determinations will be conclusive and binding upon the Executive and the Company for all purposes. For purposes of making the calculations required by this Section 6, the Firm may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and the Executive will furnish to the Firm such information and documents as the Firm reasonably may request in order to make determinations under this Section 6. The Company will bear the costs and make all payments for the Firm’s services in connection with any calculations contemplated by this Section 6. The Company will have no liability to the Executive for the determinations of the Firm.