Challenge Procedures – Informal and Formal Clause Samples

Challenge Procedures – Informal and Formal. Informal Challenges must be communicated to RIE in writing, which may be made electronically from June 30 through November 30 (“Review Period”). During the Review Period, Interested Parties may review the Accounting Changes (if any), inputs, supporting explanations, allocations, calculations or other information relating to the current Annual True-up and notify RIE of any specific Informal Challenges. Failure to pursue an issue through an Informal Challenge shall not bar pursuit of that issue as part of a Formal Challenge with respect to the same Annual True-up as long as the Interested Party has submitted an Informal Challenge on any issue with respect to that Annual True-up. Failure to submit a Formal Challenge regarding any particular issue as to a given Annual True-up shall bar pursuit of such issue with respect to that Annual True-up, but shall not bar pursuit of such issue or the lodging of a Formal Challenge as to such issue as it relates to a subsequent Annual True-up.
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Challenge Procedures – Informal and Formal. 1. Informal Challenges must be communicated to the PTO(s)RIE in writing, which may be made electronically from June 30 through November 30 (“Review Period”), in accordance with the Timeline. During the Review Period, Interested Parties may review the Accounting Changes (if any), inputs, supporting explanations, allocations, calculations or other information relating to the current Annual True- uUpdate and notify the PTO(s)RIE of any specific Informal Challenges. Failure to pursue an issue through an Informal Challenge shall not bar pursuit of that issue as part of a Formal Challenge with respect to the same Annual True-uUpdate as long as the Interested Party has submitted an Informal Challenge on any issue with respect to that Annual True-uUpdate. Failure to submit a Formal Challenge regarding any particular issue as to a given Annual True-uUpdate shall bar pursuit of such issue with respect to that Annual True-uUpdate, but shall not bar pursuit of such issue or the lodging of a Formal Challenge as to such issue as it relates to a subsequent Annual True-uUpdate, or an Annual Update correction under Section VII. a. The Interested Party submitting an Informal Challenge to RIEthe PTO(s) must specify the inputs, supporting explanations, allocations, calculations, or other information to which it objects, and provide an appropriate explanation and documents, as applicable, to support its challenge. The PTO(s)RIE shall make its best efforts to respond to any Informal Challenges within 20 days but no later than December 30in accordance with the Timeline. The PTO(s)RIE shall appoint a senior representative to work with the party that submitted the Informal Challenge (or its representative) toward a resolution of the challenge. If the PTO(s)RIE disagrees with such challenge, the PTO(s)RIE will provide the Interested Party(ies) with a written explanation supporting the inputs, explanations, allocations, calculations, or other information and why they disagree with the Informal Challenge. b. The PTO(s) will cause to be posted publicly all Informal Challenges from Interested Parties and the PTO’s(s’) response(s) to such Informal Challenges; except, however, if Informal Challenges or responses to Informal Challenges include material deemed by the PTO(s) to be confidential information, such information will not be publicly posted but will be provided by the PTO(s) to requesting parties pursuant to a confidentiality agreement to be executed by the PTO(s) and the requesti...
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Challenge Procedures – Informal and Formal. 1. Informal Challenges must be communicated to RIE in writing, which may be made electronically from June 30 through November 30 (“Review Period”). During the Review Period, Interested Parties may review the Accounting Changes (if any), inputs, supporting explanations, allocations, calculations or other information relating to the current Annual True-up and notify RIE of any specific Informal Challenges. Failure to pursue an issue through an Informal Challenge shall not bar pursuit of that issue as part of a Formal Challenge with respect to the same Annual True-up as long as the Interested Party has submitted an Informal Challenge on any issue with respect to that Annual True-up. Failure to submit a Formal Challenge regarding any particular issue as to a given Annual True-up shall bar pursuit of such issue with respect to that Annual True-up, but shall not bar pursuit of such issue or the lodging of a Formal Challenge as to such issue as it relates to a subsequent Annual True-up. a. The Interested Party submitting an Informal Challenge to RIE must specify the inputs, supporting explanations, allocations, calculations, or other information to which it objects, and provide an appropriate explanation and documents, as applicable, to support its challenge. RIE shall make its best efforts to respond to any Informal Challenges within 20 days but no later than December 30. RIE shall appoint a senior representative to work with the party that submitted the Informal Challenge (or its representative) toward a resolution of the challenge. If RIE disagrees with such challenge, RIE will provide the Interested Party(ies) with a written explanation supporting the inputs, explanations, allocations, calculations, or other information and why they disagree with the Informal Challenge. 2. Interested Parties shall file Formal Challenges with the Commission on or before February 15. Formal Challenges shall only be initiated after the Informal Challenge process has been pursued and the results not found satisfactory to one or more of the Interested Parties making the Formal Challenge.
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Related to Challenge Procedures – Informal and Formal

  • Informal Grievance Procedure Employees are encouraged to act promptly to attempt to resolve disputes with their manager/supervisor through an informal procedure. A meeting between the manager/supervisor and the employee should take place whenever requested by either party to assist, to clarify or resolve the grievance. The employee may be accompanied by his/her Union representative at the informal meeting. Any resolution reached at the informal step must be in accordance with the provisions of this agreement, or other rule or ordinance and shall not set precedent.

  • Dispute Procedures Contact Think with any questions concerning this Agreement or the Services by calling ▇- ▇▇▇-▇▇▇-▇▇▇▇ (toll-free), Monday - Friday 8AM – 8PM ET (note these hours may change); by sending a letter to Think, P. O. Box 1288, Greens Farms, Connecticut 06838; or by sending an email to: ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Think will refer all complaints and inquiries to a representative who will attempt to reach a mutually satisfactory resolution. If your complaint or inquiry is not resolved after you have called Think and/or the EDC, or for general information, you may contact the DPU for assistance toll-free at (▇▇▇) ▇▇▇-▇▇▇▇, or at ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇, or by sending a letter to the DPU at: ▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. You have a right to make a formal or informal complaint to the DPU or any regulatory body with authority to review your complaint. In addition, mediation is available for disputes greater than $100. Nothing in the Arbitration, Waiver of Jury Trial, and Class Action Waiver Section below is intended to bar your right to make a complaint or request mediation. ARBITRATION. Think’s Arbitration and Class Action Wavier Policy Addendum, which is available and provided to you during the enrollment process is incorporated herein and made a part hereof, contains additional details and a complete description of the terms and conditions of the Arbitration and Class Action Waiver Policy, including your ability to opt out. Warranties. THINK MAKES NO EXPRESS REPRESENTATION OR WARRANTIES WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE EXCEPT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. You will be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of the electric power after receipt at the delivery point(s). TO THE FULLEST EXTENT PERMITTED BY LAW, THINK WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES), WHETHER BY STATUTE, IN CONTRACT OR TORT, EVEN IF THE RESULT OF NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE). ALL OTHER LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, AND SUCH DIRECT ACTUAL DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY. YOU HEREBY WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. To the extent any damages required to be paid hereunder are liquidated, the Parties acknowledge that the damages are not intended and shall not be construed as a penalty, such damages are difficult or impossible to determine, that otherwise obtaining an adequate remedy is inconvenient or impossible, and that the liquidated damages constitute a reasonable approximation of the harm or loss.

  • Informal Dispute Resolution Process 1. In the event there is a dispute under this Centralized Contract, the Contractor, OGS and Authorized User agree to exercise their best efforts to resolve the dispute as soon as possible. The Contractor, OGS and Authorized User shall, without delay, continue to perform their respective obligations under this Centralized Contract which are not affected by the dispute. Primary responsibility for resolving any dispute arising under this Centralized Contract shall rest with the Authorized User’s Contractor Coordinators and the Contractor’s Account Executive and the State & Local Government Regional General Manager. 2. In the event the Authorized User is dissatisfied with the Contractor’s Products provided under this Centralized Contract, the Authorized User shall notify the Contractor in writing pursuant to the terms of the Contract. In the event the Contractor has any disputes with the Authorized User, the Contractor shall so notify the Authorized User in writing. If either party notifies the other of such dispute, the other party shall then make good faith efforts to solve the problem or settle the dispute amicably, including meeting with the party’s representatives to attempt diligently to reach a satisfactory result through negotiation. 3. If negotiation between the Contractor and Authorized User fails to resolve any such dispute to the satisfaction of the parties within fourteen (14) business days or as otherwise agreed to by the Contractor and Authorized User, of such notice, then the matter shall be submitted to the State's Contract Administrator and the Contractor’s senior executive officer representative. Such representatives shall meet in person and shall attempt in good faith to resolve the dispute within the next fourteen (14) business days or as otherwise agreed to by the parties. This meeting must be held before either party may seek any other method of dispute resolution, including judicial or governmental resolutions. Notwithstanding the foregoing, this section shall not be construed to prevent either party from seeking and obtaining temporary equitable remedies, including injunctive relief. 4. The Contractor shall extend the informal dispute resolution period for so long as the Authorized User continues to make reasonable efforts to cure the breach, except with respect to disputes about the breach of payment of fees or infringement of its or its licensors’ intellectual property rights.

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 Any employee(s) or the Union may present a complaint at any time without recourse to the formal written procedure contained herein. Failure to comply with this step, or the manner in which it is complied with shall not interfere with the formal grievance procedure, nor shall this step be subject of preliminary objections in any arbitration hearing. 8.02 At any step in the grievance procedure, including the complaint stage, the employee may be accompanied by his/her employee representative. 8.03 Grievances shall be registered with the Employer as follows: Step No. 1 An employee(s) or the Union on his/her/their behalf or in its own stead may present a grievance in writing to the Director of Care. Such grievance must be presented within ten (10) days of the date of its occurrence or when the employee or the Union reasonably ought to have been aware of this occurrence. The Director of Care shall render a decision in writing in ten (10) days following the day on which the grievance was submitted. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 2 may be followed within ten (10) days. The grievance in writing shall be referred to the Administrator of the Home or designate who shall call a meeting of the Grievance Committee at the request of either party within seven (7) days of the filing of the grievance or such further period as the parties may agree. Within three (3) days following this meeting or within ten (10) days following the submission to the Administrator of the Home or designate if no such meeting is held, the Administrator of the Home or designate shall reply in writing to the employee(s) and the Chairperson of the Grievance Committee. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 3 may be followed within ten (10) days. Within ten (10) days after the decision is given at Step No. 2 the grievance may be referred to the Chief Administrative Officer of the County or designate and the employee accompanied by his/her representative shall meet within ten (10) working days with the Chief Administrative Officer and Committee of Management or their designates. The employee may also be accompanied by a full-time representative of the Union if so desired at this stage. The Employer will render a decision in writing within ten (10) days following such meeting. If the decision is unsatisfactory to the employee(s) or the Union, it may be referred to arbitration. 8.04 A policy grievance may be presented by either the Union or the Employer at Step 2 of the Grievance Procedure. 8.05 Notwithstanding any other provisions of this Article, should the Employer discharge, suspend or discipline an employee or employees, notification by the Employer to such employee or employees shall be made in the presence of a member of the Union. Should the employee(s) or the Union on his/her/their behalf file a grievance against the discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days under Step No. 3 of the Grievance Procedure. 8.06 Before any grievance is submitted to arbitration, the parties may meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for possible resolution. Each party shall pay one-half (1/2) of the fees and expenses of the Grievance Mediator. 8.07 When either party requests that a grievance be submitted to arbitration, the grievance shall be submitted to one of the following panel of sole Arbitrators: ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ If a grievance has already been submitted to one of the Panel of Arbitrators, then any subsequent grievances shall be submitted to the next Arbitrator on the Panel. In order to accept an appointment, the Arbitrator must agree to render an award within thirty (30) days of the last day of hearing. 8.08 In the event that the parties mutually agree to refer a grievance to a tripartite Arbitration Board, the party requesting arbitration shall advise the other of its nominee to the Arbitration Board. Within ten (10) days thereafter, the other party shall answer, in writing, indicating the name and address of its appointee to the Arbitration Board. The Chair shall be selected from the Panel of Arbitrators set out in paragraph 8.07 above. 8.09 Once appointed, the Arbitration Board or single Arbitrator shall have all the powers set out in Section 50 of the Labour Relations Act including the power to mediate/arbitrate the grievance and to limit evidence and submissions. 8.10 Each party shall pay the costs and expenses of its appointees and the costs and expenses of the Chairperson shall be borne equally by the parties. Arbitration hearings shall be held in the community of the Employer or at such other places as may be agreed upon by the Union and the Employer. 8.11 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.12 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.13 Any time limit referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays and holidays observed by the Employer and the days off of the aggrieved employee including vacation, and such limits may be extended with the agreement of both parties.

  • Arbitration Procedures In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the superintendent within ten (10) days following the decision in Level III of the grievance procedure.