No Waiver of Reconsideration or Appeal Sample Clauses

No Waiver of Reconsideration or Appeal. Execution of this Agreement shall not constitute a waiver of either Party’s right to challenge any state or federal law, regulation, rule or order of the Federal Communications Commission or the Regulatory Commission of Alaska. The Parties acknowledge that the rates herein are incorporated from the arbitrated agreements in Docket No. U-99-141/142/143. Accordingly, the Parties expressly agree that, upon the date the Commission makes the prices in Docket No. U-99-141/142/143 effective, those prices shall be automatically incorporated here and effective and available to AFS. The Parties further agree that if the prices established in U-99-141/142/143 are subsequently modified, through the course of any appeal or challenge, or by subsequent action of the RCA or FCC, that the prices incorporated from that docket into this Agreement at Part C - Attachment 1, Section 1 shall also automatically be modified accordingly at the same time. The Parties also acknowledge and agree that, by incorporating prices from U-99- 141/142/143 into this agreement, ACS does not waive, and retains, its rights to appeal or otherwise challenge all issues in that proceeding, specifically including, but not limited to, prices and any and all issues related to such prices.1 ACS enters into this Agreement pursuant to the order of the RCA dated October 11, 1999 terminating ACS' rural exemption. ACS does not waive, and retains, its rights to appeal or otherwise challenge the termination of the rural telephone company’s exemption, and any and all issues related thereto. 1 In the event, and only in the event, that the GCI-ACS Fairbanks/Juneau contract is nullified by a court on the sole and specific ground of the untimeliness of the Regulatory Commission of Alaska’s approval of that contract, and therefore no prices are available from that contract to import into this Agreement, the prices from the GCI-ACS Fairbanks/Juneau contract will nevertheless be made available to AFS, but upon the express condition that, solely in this event, those prices will be interim, refundable, and subject to true-up. Pursuant to such “truing up” process, refunds will be made from ACS to AFS or vice versa, as appropriate. These prices will be “trued up” upon the earliest of any of the following events: (1) the subsequent effectiveness of valid prices in the GCI-ACS Fairbanks/ Juneau agreement; (2) adoption by the Commission, by order or tariff, of new prices in either the Fairbanks market or the Juneau market or b...
Sample 1
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No Waiver of Reconsideration or Appeal. Execution of this agreement shall not constitute a waiver of either party’s right to pursue pending litigation and enforce any resulting decisions, or challenge any law, regulation, rule or order of the Federal Communications Commission or the Regulatory Commission of Alaska.
Sample 1

Related to No Waiver of Reconsideration or Appeal

  • No Waiver of Fees Nothing in this Agreement, nor any entry or repossession of the Room by the Manager releases the Resident from any liability for the payment in full of all amounts payable under this Agreement for the Term.

  • Waiver of FOIA Request The defendant waives all of his rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case including, without limitation, any records that may be sought under the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

  • No Waiver of Immunity Neither College nor School District waiver or relinquish any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants contained herein.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

  • No Waiver of Sovereign Immunity or Powers Nothing in this agreement will be deemed to constitute a waiver of sovereign immunity or powers of licensee, the Xxxxxxxxxx County Commissioners Court, or the Xxxxxxxxxx County Judge.

  • NO WAIVER OF LEGAL RIGHTS The Employer and the Union agree that this program shall not diminish the rights of individual employees under State and/or Federal laws relating to drug and/or alcohol testing.

  • No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.

  • No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of the System Agency’s or the State’s sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract.

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • Jury or Court Witness Duty The Employer shall grant leave of absence without loss of seniority to an employee who is called as a juror or witness in any court. The Employer shall pay such an employee the difference between the normal earnings and the payment received for jury service or court witness, excluding payment for travelling, meals, or other expenses. The employee will present proof of service and the amount of pay received.

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