GOVERNING PROVISIONS definition

GOVERNING PROVISIONS. All arbitration proceedings arising under this Article shall be governed by the provisions of Title 9 of Part 3 of the Code of Civil Procedure of the State of California. However, Code of Civil Procedure Section 1283.05, relating to discovery, shall not be a part of this Agreement. Further, subpoenas duces tecum may be issued by the attorney or other representative of a party as well as by the arbitrator. All other provisions relating to subpoenas found in Chapter 3 of Title 9 of the Code of Civil procedure shall apply.
GOVERNING PROVISIONS. All arbitration proceedings arising under this Article shall be governed by the provisions of Title 9 of Part 3 of the Code of Civil Procedure of the State of California. However, Code of Civil Procedure Section 1283.05, relating to discovery, shall not be a part of this Agreement. Further, subpoenas duces tecum may be issued by the attorney or other representative of a party as well as by the arbitrator. All other provisions relating to subpoenas found in Chapter 3 of Title 9 of the Code of Civil procedure shall apply. Sec. 2913 ARBITRABILITY: If either the County or Local 501 shall claim before the Arbitrator that a particular request for arbitration fails to meet time limits, or is in some other manner defective, and, thereby, fails to meet the tests of arbitrability, the Arbitrator shall proceed to decide such issue before hearing the case upon its merits. The Arbitrator shall have the authority to determine whether he will hear the case on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such appeal fails to meet said test of arbitrability, he shall refer the case back to the parties without a decision or recommendation on its merits.
GOVERNING PROVISIONS. The DEPARTMENT's liability to PROVIDER for any claims arising out of or related to the subject matter of this contract, whether in contract or tort, including, but not limited to, claims for extension of construction time, for payment by the DEPARTMENT of the costs, damages or losses because of changed conditions under which the work is to be performed, or for additional work, shall be governed by the following provisions: (a) All claims must be submitted as a Request for Change Order in the manner as provided herein; (b) The PROVIDER must submit a Notice of Claim to DEPARTMENT within 20 days of when the PROVIDER was or should have been aware of the occurrence of the event giving rise to the claim; and (c) Within 10 days of submitting its Notice of Claim, the PROVIDER shall submit to the DEPARTMENT its Request for Change Order, which shall include a written statement of all details of the claim, including a description of the work affected and specific amount of payment requested. (d) The PROVIDER agrees that the DEPARTMENT shall not be liable for any claim that the PROVIDER fails to submit as a Request for Change Order as provided in this paragraph.

Examples of GOVERNING PROVISIONS in a sentence

  • DEFINED TERMS / GOVERNING PROVISIONS Capitalized terms not otherwise defined in this Exhibit C-1a shall have the meaning assigned thereto in the Agreement.

  • GOVERNING PROVISIONS AND GENERAL Sale of all materials, equipment or services by Actronix, Inc.

  • GOVERNING PROVISIONS ----------------------------------------------- This Plan constitutes an amendment, restatement and continuation of the CBI Incentive Stock Option Plan, which was adopted by the Corporation on October 30, 1986, and the CBI 1988 Non-Qualified Stock Option Plan, which was adopted by the Corporation on April 4, 1988.


More Definitions of GOVERNING PROVISIONS

GOVERNING PROVISIONS means the various authorizing statutes, regulations, policies, and procedures that control the actions of PPH and City, respectively, as public entities, including all procedural provisions.

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