Dispute Resolution 12. 1 Any disputes about the nature of the Employee’s Performance Agreement, whether it relates to key responsibilities, priorities, methods of assessment and/ or any other matter provided for, shall be mediated by – 12.1.1 The MEC for local government in the Province within thirty (30) days of receipt of a formal dispute from the Employee. 12.1.2 Any other person appointed by the MEC. 12.1.3 In the case of managers directly accountable to the Municipal Manager, a member of the municipal Council, provided that such member was not part of the evaluation panel provided for in sub-regulation 27(4)(e) of the Municipal Performance Regulations, 2006, within thirty (30) days of receipt of a formal dispute from the Employee, whose decision shall be final and binding on both Parties. 12.2 In the event that the mediation process contemplated above fails, clause 20.3 of the Contract of Employment shall apply.
Dispute Resolution 12. 1 Any disputes about the nature of the Employee’s Performance Agreement, whether it relates to key responsibilities, priorities, methods of assessment and/ or any other matter provided for, shall be mediated by – 12.1.1 The MEC for local government in the Province within thirty (30) days of receipt of a formal dispute from the Employee. 12.1.2 Any other person appointed by the MEC. 12.1.3 In the case of managers directly accountable to the Municipal Manager, a member of the municipal Council, provided that such member was not part of the evaluation panel provided for in sub-regulation 27(4)(e) of the Municipal Performance Regulations, 2006, within thirty (30) days of receipt of a formal dispute from the Employee, whose decision shall be final and binding on both Parties. 12.2 In the event that the mediation process contemplated above fails, clause 20.3 of the Contract of Employment shall apply. 13.1 The contents of this Agreement and the outcome of any review conducted in terms of Annexure A may be made available to the public by the Employer. 13.2 Nothing in this Agreement diminishes the obligations, duties or accountabilities of the Employee in terms of his/ her contract of employment, or the effects of existing or new regulations, circulars, policies, directives or other instruments. 13.3 The performance assessment results of the Municipal Manager must be submitted to the MEC responsible for local government in the relevant province as well as the national Minister responsible for local government, within fourteen (14) days after the conclusion of the assessment. Thus done and signed at …………………..……on this the…… day of 2009 AS WITNESSES: 1. EMPLOYEE 2. AS WITNESSES: 1. MUNICIPAL MANAGER 2.
Dispute Resolution 12. 1 Any disputes about the nature of the Employee’s performance agreement, whether it relates to key responsibilities, priorities, methods of assessment and/ or any other matter provided for, shall be mediated by – 12.1.1 In the case of managers directly accountable to the municipal manager, a member of the municipal council, provided that such member was not part of the evaluation panel provided for in sub- regulation 27(4) (e) of the Municipal Performance Regulations, 2006, within thirty (30) days of receipt of a formal dispute from the employee whose decision shall be final and binding on both parties. % Rating Over Performance % Bonus 130 - 133.8 5% 133.9 – 137.6 6% 137.7 – 141.4 7% 141.5 - 145.2 8% 145.3 – 149 9% 150 – 153.4 10% 153.5 – 156.8 11% 156.9 – 160.2 12% 160.2 – 163.6 13% 163.7 – 167 14%
Dispute Resolution 12. 1. Disputes between the Parties arising in connection with this Agreement are resolved by sending a written claim stating their claims. The term of consideration of the claim is 10 (ten) calendar days from the date of its receipt. Claims and other legally significant messages can be sent by the Parties to each other in one of the following ways: 12.1.1. by a valuable letter with an inventory of the attachment to the address of the Party's location; 12.1.2. transfer personally to the Party or its authorized representative under the signature, or according to the transfer act. 12.2. All legal aspects of the relations between the Parties to this Agreement are governed by the laws in force in Kazakhstan. 13.
Dispute Resolution 12. 1 The Process 13.0 DIAND and the First Nation agree to negotiate to resolve disputes arising in respect of this Agreement in a timely manner. Different and simplified approach 12.1.1 Subject to section 12.3 (Exceptions to the Process), in the event a dispute arises between Canada and the Council regarding the interpretation of a provision of this Agreement or the obligation of a party under this Agreement, Canada and the Council may choose to resolve the dispute in the manner set out below, or in such other manner as the parties may agree in writing. 12.1.2 In the event that either party is of the opinion that a dispute exists between them regarding the interpretation of a provision of this Agreement or the obligation of a party under this Agreement, that party will give the other party written notice setting out: (a) that the party giving notice wishes to undertake the dispute resolution process provided for in this section; and (b) a concise summary of the matter in dispute. 12.1.3 The relevant Federal Department(s) and the Council will meet within five (5) business days of the date notice was given under subsection 12.1.2 (or at such other time as the parties may agree in writing) to attempt to resolve the dispute. 12.1.4 Where the parties are unable to resolve the dispute following the meeting referred to in subsection 12.1.3, the parties will appoint a mutually acceptable independent third party within five (5) business days of that meeting (or within such other time as the parties may agree in writing) for the purpose of assisting them in resolving the dispute; and if the parties cannot agree on the choice of the independent third party within that period, then an independent third party will be chosen, upon application by the parties, by an independent centre or organization acceptable to the parties. 12.1.5 Where an independent third party is appointed pursuant to 13.1 DIAND and the First Nation may agree to non‐binding mediation to resolve any particular dispute and each party will bear its own costs for mediation and share equally the cost of the mediator.
Dispute Resolution 12. 1 Any disputes about the nature of the Employee’s performance agreement, whether it relates to key responsibilities, priorities, methods of assessment and/ or any other matter provided for, shall be mediated by – 12.1.1 In the case of managers directly accountable to the municipal manager, a member of the municipal council, provided that such member was not part of the evaluation panel provided for in sub-regulation 27(4)(e) of the Municipal Performance Regulations, 2006, within thirty (30) days of receipt of a formal dispute from the employee whose decision shall be final and binding on both parties.
Dispute Resolution 12. 1 Any disputes about the nature of the Employee’s performance agreement, whether it relates to key responsibilities, priorities, methods of assessment and/ or any other matter provided for, shall be mediated by the mayor within thirty (30) days of receipt of a formal dispute from the employee, whose decision shall be final and binding on both parties. The decision of the mediator (Mayor) shall be final and binding on both parties whose decision shall be final and binding on both parties. 12.2 Any disputes about the outcome of the employee’s performance evaluation, must be mediated by a member of the municipal council, provided that such member was not part of the evaluation panel provided for in sub- regulation 27(4) (e) of the Municipal Performance Regulations, Regulation 805 of 2006, within thirty (30) days of receipt of a formal dispute from the employee. The decision of the mediator shall be final and binding on both parties whose decision shall be final and binding on both parties.
Dispute Resolution 12. 2 Any disputes about the nature of the Employee’s performance agreement, whether it relates to key responsibilities, priorities, methods of assessment and/ or any other matter provided for, shall be mediated by the MEC for local government in the province within thirty (30) days of receipt of a formal dispute from the employee, whose decision shall be final and binding on both parties. The decision of the mediator (Mayor) shall be final and binding on both parties whose decision shall be final and binding on both parties. 12.2 Any disputes about the outcome of the employee’s performance evaluation, must be mediated by MEC for local government in the province, within thirty (30) days of receipt of a formal dispute from the employee. The decision of the mediator shall be final and binding on both parties whose decision shall be final and binding on both parties.
Dispute Resolution 12. 1 Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any and all claims, disputes or controversies arising under, out of, or in connection with the Agreement, including any dispute relating to patent validity or infringement, which the parties shall be unable to resolve within sixty (60) days shall be mediated in good faith. The party raising such dispute shall promptly advise the other party of such claim, dispute or controversy in a writing which describes in reasonable detail the nature of such dispute. By not later than five (5) business days after the recipient has received such notice of dispute, each party shall have selected for itself a representative who shall have the authority to bind such party, and shall additionally have advised the other party in writing of the name and title of such representative. By not later than ten (10) business days after the date of such notice of dispute, the party against whom the dispute shall be raised shall select a mediation firm in the Boston area and such representatives shall schedule a date with such firm for a mediation hearing. The parties shall enter into good faith mediation and shall share the costs equally. If the representatives of the parties have not been able to resolve the dispute within fifteen (15) business days after such mediation hearing, then any and all claims, disputes or controversies arising under, out of, or in connection with this Agreement, including any dispute relating to patent validity or infringement, shall be resolved by final and binding arbitration in Boston, Massachusetts under the rules of the American Arbitration Association, or the Patent Arbitration Rules if applicable, then obtaining. The arbitrators shall have no power to add to, subtract from or modify any of the terms or conditions of this Agreement, nor to award punitive damages. Any award rendered in such arbitration may be enforced by either party in either the courts of the Commonwealth of Massachusetts or in the United States District Court for the District of Massachusetts, to whose jurisdiction for such purposes M.I.T. and LICENSEE each hereby irrevocably consents and submits. 12.2 Notwithstanding the foregoing, nothing in this Article shall be construed to waive any rights or timely performance of any obligations existing under this Agr...
Dispute Resolution 12. 1 Any dispute arising out of this Contract, which cannot be amicably settled between the parties, shall be referred to adjudication/arbitration in accordance with the laws of the Client’s country. (a) the Party claiming that there is a dispute will send to other Party notice setting out the nature of the dispute; (b) within seven (7) days each Party may nominate a representative, preferably not having any prior involvement in the dispute; (c) the representatives of the Parties will try to settle the dispute by direct negotiation between them; (d) failing settlement within fourteen (14) days, either Party may refer the dispute to: (i) each Parties’ respective heads or nominees; or (ii) an independent third person as agreed by the Parties to intervene and direct some form of resolution, in which case the Parties shall be bound by that resolution. (e) failing a resolution within three (3) days after the fourteen (14) days in Clause 12 (d), either Party may commence legal proceedings or, if agreed to by the Parties to the arbitration of a single arbitrator under the Arbitration Xxx 0000.
