Court Decision Sample Clauses

Court Decision. If the obligation to include any portion of this Article were reversed by Court decision, such portion shall be null and void.
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Court Decision. If any court of competent jurisdiction or administrative agency holds that an "agency shop" clause is invalid, illegal, or unconstitutional, or that it violates any Federal or State law, or that it is in conflict with any Federal or State law and/or regulation or if the Legislature enacts a law forbidding the "agency shop" clause, or any part thereof (which this Article does not conform to or with), this Article shall be null and void and the Association shall reimburse all employees who have been required to pay either dues, fees or service charge, provided such employee must request the Association for reimbursement within thirty (30) calendar days of such court, agency, or legislative decision or action.
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Court Decision. In the event a determination has not been made by the forum described in Section 8(c) or in the event of a determination by such forum from which the Indemnitee has applied to a court pursuant to Section 8(e), if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful; or
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Court Decision. Should a court or administrative body find AB liable or culpable due to Licensee’s manufacture of any Licensed Products or components thereof, covered by this Agreement or due to the sale or distribution of such products by Licensee, its or its distributors, ABI shall have the right to terminate this Agreement immediately upon written notice without Licensee having a right to cure. Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. 18
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Court Decision. If the legality of any provision of this Agreement is brought into question because of a decision by a court of competent jurisdiction of any country in which this Agreement applies, the Licensor, by written notice to the Licensee, may revise the provision in question or may delete it entirely so as to comply with the decision of that court.
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Court Decision. The court passes a judgment within 15 days from the moment it receives the motion. The court is entitled to return the plea agreement without confirmation due to an absence of sufficient evidence or a violation of the CPC provisions on the motion. If so, the case is returned to the prosecutor’s office to make the decision on the indictment. Before the case is returned to the prosecutor’s office, the court may offer the parties to change the plea agreement’s conditions. The defendant is entitled to refuse such conditions at any stage before the court passes its judgment and to request a substantial review of the case. Such a refusal does not require the approval of the defence attorney. The parties are also entitled to change the conditions of the plea agreement prior to the rendering of a judgment. In the case that the defendant refuses to enter a plea agreement, the defendant will be indemnified from the guilty plea against him.
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Court Decision. The court passes a judgment within 15 days from the moment it receives the motion. The court is entitled to return the plea agreement without confirmation due to an absence of sufficient evidence or a violation of the CPC provisions on the motion. If so, the case is returned to the prosecutor’s office to make the decision on the indictment. Before the case is returned to the prosecutor’s office, the court may offer the parties to change the plea agreement’s conditions. The defendant is entitled to refuse such conditions at any stage before the court passes its judgment and to request a substantial review of the case. Such a refusal does not require the approval of the defence attorney. The parties are also entitled to change the conditions of the plea agreement prior to the rendering of a judgment. In the case that the defendant refuses to enter a plea agreement, the defendant will be indemnified from the guilty plea against him. AppeAling JuDgMent Within 15 days from the moment of the judgment’s rendering, the defendant is entitled to file an appeal in a higher instance court to request the cancellation of his decision to accept the plea agreement, if the: • Plea agreement was concluded through deception; • Defendant was limited as to the right to defence; • Plea agreement was the result of coercion, duress or threat; • Presiding judge ignored the legally applicable basic legal requirements. The prosecutor is entitled to file an appeal in a higher instance court within a month if the defendant violates any conditions of the plea agreement. If the court approves the prosecutor’s motion, it abolishes the plea agreement. With regard to the aforementioned, it is interesting to look at a decision of the Supreme Court of Georgia. The prosecutor submitted a complaint to the Supreme Court denouncing the judgment of the Tbilisi District Court Criminal Law Chamber from 5 January 2007 on approving the plea agreement of the convict G.B. The prosecutor’s complaint was based on the fact that the judgment of the Tbilisi District Court Criminal Law Chamber approved the plea agreement between the prosecution and G.B. G.B. was pronounced guilty under Article 338 (2) Sub-paragraph B of the Criminal Code envisaging four years in prison and as an additional penalty G.B. was requested to pay a 500-lari fine. The execution paper relevant to the payment of the additional 500-lari penalty was sent to the Tbilisi Bureau of the Justice Ministry’s Execution Department. According to ...
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Related to Court Decision

  • The Decision If mediation fails or is not appropriate and if the decision can be rendered after a short deliberation, the arbitrator will do so. By meeting first with counsel to explain the framework of the arbitrator's decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case. With respect to grievances involving customer complaints, the following will apply:

  • Arbitrator’s Decision 5.18.3.3.1 The Arbitrator's decision and award shall be in writing and shall state concisely the reasons for the award, including the Arbitrator's findings of fact and conclusions of law.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this LGIA and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • Claim Decision Upon receipt of such claim, the Plan Administrator shall respond to such claimant within ninety (90) days after receiving the claim. If the Plan Administrator determines that special circumstances require additional time for processing the claim, the Plan Administrator can extend the response period by an additional ninety (90) days for reasonable cause by notifying the claimant in writing, prior to the end of the initial ninety (90) day period, that an additional period is required. The notice of extension must set forth the special circumstances and the date by which the Plan Administrator expects to render its decision. If the claim is denied in whole or in part, the Plan Administrator shall notify the claimant in writing of such denial. The Plan Administrator shall write the notification in a manner calculated to be understood by the claimant. The notification shall set forth:

  • COURT'S DECISION 33.01 In the event of any articles or portions of this Agreement being held improper or invalid by any Court of Law or Labour Relations Board, such decision shall not invalidate any other portions of this Agreement than those directly specified by such decision to be invalid, improper or otherwise unenforceable.

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

  • Review of Decision Within sixty (60) days after the Secretary’s receipt of a request for review, he or she will review the Company’s determination. After considering all materials presented by the Claimant, the Secretary will render a written opinion, written in a manner calculated to be understood by the Claimant, setting forth the specific reasons for the decision and containing specific references to the pertinent provisions of this Agreement on which the decision is based. If special circumstances require that the sixty (60) day time period be extended, the Secretary will so notify the Claimant and will render the decision as soon as possible, but no later than one hundred twenty (120) days after receipt of the request for review.

  • Advice of Minister’s decision (2) The Minister shall within two months after receipt of proposals pursuant to subclause (1) of Clause 7 or where the proposals are to be assessed under section 40(1)(b) of the EP Act then within two months after service on him of an authority under section 45(7) of the EP Act give notice to the Company of his decision in respect to the proposals. Consultation with Minister

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

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