Claims Resolution a. In the event Xxxxxxx is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first energy bill with Xxxxxxx as your supplier. See Your Right to Reject Arbitration below.
Claims Resolution a. In the event Starion is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first energy xxxx with Starion as your supplier. See Your Right to Reject Arbitration below.
Claims Resolution. Disputes arising under this Agreement will not be decided by arbitration, unless the Prime Contract between Contractor and Owner has an arbitration provision and a particular dispute between Contractor and Subcontractor has an issue of fact or law in common with a dispute between the Owner and Contractor that is or that will be the subject of arbitration. To the extent not expressly prohibited by their Contracts with others, arbitrated claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common issue of fact or law shall be heard by the same arbitrator(s) in a single proceeding. In the event Contractor and Owner or others litigate or arbitrate matters relating to this Agreement, Contractor may, at its sole discretion, either direct Subcontractor to prepare and present Contractor’s case to the extent the proceedings are related to this Agreement, or use Contractor’s own legal counsel to prepare and present matters relating to this Agreement, in which event Subcontractor shall promptly reimburse Contractor for any and all attorneys’ fees, expert fees and costs incurred in connection with any proceedings that are related to this Agreement. Should the Contractor enter into arbitration with the Owner or others regarding matters relating to this Agreement, Subcontractor shall be bound by the result of the arbitration to the same degree as Contractor.
Claims Resolution. Resolutions of claims will be subject to the terms and procedures set forth in the Plan, which, among other things, will (i) require that the Reorganized Company file any and all objections to claims during the ninety (90)-day period following the Effective Date (unless such period is extended by the Bankruptcy Court) and (ii) provide that any settlements of claims approved by the Bankruptcy Court prior to the Effective Date will be binding on all parties.
Claims Resolution i.CONTRACTOR CONTINUATION OF WORK. Notwithstanding any claim, dispute, disagreement or other matter in controversy between the District and the Contractor relating to the Contract Documents or the Project Work, the Contractor shall continue to diligently prosecute and perform the Work, pending any final determination or decision regarding any such claim, dispute, disagreement or matter in controversy.
Claims Resolution. Any claims resolution procedure incorporated in the prime contract shall be deemed incorporated in this Agreement and shall apply to any disputes arising hereunder. In the absence of a claims resolution procedure in the prime contract, the parties hereto shall not be obligated to utilize arbitration or any other non-judicial method of dispute resolution. In any dispute resolution proceeding between the parties to this Subcontract the prevailing party shall be entitled to recover its attorneys’ fees.
Claims Resolution. The University of Tennessee is self-insured under the provisions of the Tennessee Claims Commission Act, Tennessee Code Annotated §§ 9-8-301, et. seq., f or any negligence of the University and its employees. Any liability of The University of Tennessee for any damages, losses, or cost arising out of or related to acts performed by the University or its employees under this agreement is governed by the provisions of said Act.
Claims Resolution. Any claims resolution procedure incorporated in a written agreement between Carrier and the entity or agency responsible for payment of transportation charges to Carrier (Debtor) shall be deemed incorporated into this agreement, and shall apply to any disputes arising hereunder. In the absence of a claims resolution procedure in the Carrier-Debtor agreement, the parties shall not be obligated to utilize arbitration or any non- judicial method of dispute resolution. In any dispute resolution proceeding between the parties to this agreement, the prevailing party shall be entitled to recover attorneys’ fees in addition to any other relief.
Claims Resolution. (a) Other than matters involving the appointment of a receiver, or the exercise of other provisional remedies (any and all of which may be initiated pursuant to applicable law), each controversy, dispute or claim between or among the parties hereto arising out of or relating to this Agreement (individually and collectively, a "CLAIM") which is not settled in writing within thirty (30) days after the date on which a party subject to this Agreement gives written notice to all other parties that a Claim exists (the "CLAIM DATE"), will be settled by a "REFERENCE PROCEEDING."
Claims Resolution. The Global Plan will contain customary provisions governing the allowance of claims, including a disputed claims resolution process with agreed and specified claims and wind-down reserves. The RCM Settlement Agreements will govern the claims allowance process concerning RCM Securities Customer Claims and RCM FX/Unsecured Claims.
