DISPUTE MECHANISM Sample Clauses

DISPUTE MECHANISM. Any dispute or difference of any kind arising between the parties in connection with or arising out of this agreement, whether during or after the Term (“Dispute”) must be resolved pursuant to this clause 20.

DISPUTE MECHANISM. If the Stockholders’ Representative does not deliver written notice of any dispute (an “Earnout Dispute Notice”) to Parent within thirty (30) days after receiving the Proposed Earnout Calculations, the Proposed Earnout Calculations shall be deemed to set forth the final Earnout Payment, and shall be final and binding upon the Parties. Prior to the end of such thirty (30)-day period, the Stockholders’ Representative may accept the Proposed Earnout Calculations by delivering written notice to that effect to Parent, in which case the Proposed Earnout Calculations shall be deemed to set forth the final Earnout Payment and shall be final and binding upon the Parties when such notice is given. If the Stockholders’ Representative delivers an Earnout Dispute Notice to Parent within such thirty (30)-day period, Parent and the Stockholders’ Representative shall use good faith efforts to resolve the dispute during the thirty (30)-day period commencing on the date Parent receives the Earnout Dispute Notice from the Stockholders’ Representative. Any Earnout Dispute Notice shall include the Stockholders’ Representative’s alternative calculations with respect to each component of the Proposed Earnout Calculations, along with the basis for and amount of each disputed item, together with supporting documentation. If the Stockholders’ Representative and Parent do not agree upon a final resolution with respect to any disputed items within such thirty (30)-day period, then the remaining items in dispute shall be submitted promptly to the Accounting Firm. Any item not specifically submitted to the Accounting Firm for evaluation shall be deemed final and binding on the Parties (as set forth in the Proposed Earnout Calculations, the Earnout Dispute Notice or as otherwise resolved in writing by Parent and the Stockholders’ Representative). The Accounting Firm shall be requested to render a determination of each disputed item within forty-five (45) days after referral of the matter to the Accounting Firm, which determination must be in writing and must set forth, in reasonable detail, the basis therefor and must be based solely on (A) the definitions and other applicable provisions of this Agreement, (B) a single presentation (which presentations shall be limited to the remaining items in dispute set forth in the Proposed Earnout Calculations and the Earnout Dispute Notice) submitted by each of Parent and the Stockholders’ Representative to the Accounting Firm within fifteen (15) ...

DISPUTE MECHANISM. Subject to Paragraph 1.5 above, Rosneft may dispute the Draft Completion Accounts by notice in writing (in this Paragraph, the “Dispute Notice”) delivered to NADL in accordance with Clause 26 (Notices) within 25 calendar days or 15 Business Days (whichever greater) of receiving the Draft Completion Accounts.

DISPUTE MECHANISM. Should any question be raised by the affected temporary faculty member or the Association regarding whether a faculty member has or does not have the necessary qualifications, experience or abilities to instruct remaining courses or to perform remaining services in the discipline/program, scheduling, or any other matter related to this Letter of Understanding, the question shall be referred in writing to the Labour Management Relations Committee within five (5) days. Should the Labour Management Relations Committee not resolve the question within fourteen

DISPUTE MECHANISM. Should the Company and/or Union fail to reach agreement on any of the requirements contained in this article, either party shall have the right to file a grievance beginning at step two of the grievance procedure. Out of Town Assignments –

DISPUTE MECHANISM. If the Parties dispute the amount of one or more Royalty Payments or amounts payable under Section 2.9 (“Buyout Payments”) (including: (i) the determination of such amounts following an audit conducted pursuant to Section 2.7; and (ii) the manner in which “market capitalization” and “net purchase price” are determined pursuant to Section 2.9(a)(ii)(C)) (a “Dispute”), they shall each use commercially reasonable efforts to reach a negotiated resolution of the Dispute and shall exchange reasonable information with one another concerning the Dispute. If the Parties are unable to reach a negotiated resolution within 30 days from the commencement of negotiations to resolve the Dispute, then either Party may elect for the Dispute to be determined by an independent public accounting firm (the “Independent Accountant”) licensed to practice accounting in the United States of America selected by mutual agreement of the Parties, or in the absence of such agreement, KPMG LLP, and the Parties shall provide to the Independent Accountant their respective final figures in respect of the disputed amounts along with supporting documentation to substantiate their positions. None of the Parties will disclose to the Independent Accountant, and the Independent Accountant will not consider, for any purpose, any settlement offer made by a Party to the other. The determination of the Independent Accountant shall be final and binding upon the Parties, absent manifest error. Costs of the Independent Accountant shall be paid as determined by the Independent Accountant, and in the absence of such determination, each Party shall pay 50% of the Independent Accountant’s costs; provided, however, that each Party shall bear its own costs in presenting its arguments to the Independent Accountant. The Independent Accountant shall be deemed to act as an expert and not as an arbitrator. For greater certainty, in the event of a Dispute, and until such time as such Dispute is finally resolved in accordance with the terms of this Section 2.8, the Parties shall continue to be bound by all of the provisions of this Agreement in accordance with their terms (including the Gross Sales Royalty and Minimum Monthly Amount then in effect) notwithstanding the subject-matter of the Dispute.

DISPUTE MECHANISM. In the event that the Stockholders' Report indicates objections to the applicable Earn-Out Period Financial Statements and/or Parent's Proposed Earn- Out Calculation, the parties shall endeavor to agree on any matters in dispute raised in the Stockholders's Report. If the parties are unable to agree on any matters in dispute within fifteen (15) calendar days after receipt of the Stockholders' Report, the matters in dispute shall be submitted for resolution to an independent accounting firm of national reputation as may be mutually acceptable to the Stockholders and Parent, which shall be neither Parent's Independent Accountants or Stockholders' Independent Accountants (the "Independent Accounting Firm"). Within thirty (30) calendar days of submission of the dispute, the Independent Accounting Firm shall determine and

DISPUTE MECHANISM. Should any question be raised by the affected non-regular type faculty member or the Association regarding whether a faculty member has or does not have the necessary qualifications, experience or abilities to instruct remaining courses or to perform remaining services in the scheduling, or any other matter related to this article, the question shall be referred in writing to the Labour Management Relations Committee within five (5) days. Should the Labour Management Relations Committee not resolve the question within fourteen (14) days, the Employer shall decide and the decision shall be subject to the procedures set out in Article and A grievance filed pursuant to this clause may be filed at Step of the grievance procedure. April to March ARTICLE SALARIES FULL-TIME REGULAR AND NON-REGULAR TYPE FACULTY MEMBERS SALARY SCALE April to March July to March April STEP April to March See * * Italicized denotes stipends as a result of zero money”. An employee who has spent months at step by April shall move to the new step on April Others will proceed to the new step on their normal increment date. The difference between the increase on April and the April to March total salary increase of any faculty collective agreement that includes the Provincial Salary Scale shall be applied to the top step of the scale effective April Such application shall be made as soon as practicable and applied retroactively. April to March Page Faculty members will begin at Step of the scale unless they advance up the scale according to the following:

DISPUTE MECHANISM. Where a dispute arises between a Municipality(s) and the Board, the Municipality may pass a Resolution outlining the nature of the dispute and request the Board hold a special meeting to consider the matter in dispute. Upon receiving such request, the Board shall hold a special meeting within 45 days to consider the dispute.