Dispute Resolution Mechanism Clause Samples
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Dispute Resolution Mechanism. 16.1 The Parties aim to adopt a collaborative approach to the integration of health and social care. The Parties will use their best endeavours to quickly resolve any areas of disagreement. Where any disputes do arise that require escalation to the Chief Executives of the respective organisations, those officers will attempt to resolve matters in an amicable fashion and in the spirit of mutual cooperation.
16.2 In the unlikely event that the parties do not reach agreement, then they will follow the process as set out below:
(a) The Chief Executives of the Health Board and the Council, with such advice as they deem appropriate, will meet to resolve the issue.
(b) If unresolved, the Health Board and the Council will each prepare a written note of their position on the issue and exchange it with the other Party. The Leader of the Council, Chair of the Health Board and the Chief Executives of the Health Board and the Council will then meet to resolve the issue.
(c) In the event that the issue remains unresolved, representatives of the Health Board and the Council will proceed to mediation with a view to resolving the issue.
16.3 The process for appointing the mediator in (c), including the sharing of costs, will be agreed between the Chair of the Health Board and Leader of the Council.
16.4 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: The Chief Executives of the Health Board and the Council will jointly and formally notify Ministers in writing and be bound by their determination. Set out below is a list of functions that must be delegated by the Health Board to the Integration Joint Board as prescribed in Regulation 3 of the Public Bodes (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014. Further Health Board functions will be delegated to the extent specified in Annex 4. These functions are delegated only to the extent that they relate to the services described in part 2 and the additional services listed in annex 4. All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB(Functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS Contracts); section 17C (personal medical or dental services); secti...
Dispute Resolution Mechanism. 1. The implementation, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China.
2. If any dispute arises between the two parties in the course of execution of this Agreement, it shall be resolved through amicable negotiation first; if the negotiation fails, either party shall have the right to file a lawsuit to the People’s Court where Party A is located.
Dispute Resolution Mechanism a. Any dispute regarding the administration of the Institute at the Company or plant level shall be subject to expedited resolution by the Chairs of the Union and Company Negotiating Committees and the Executive Director of ICD who shall apply the policies, rules and regulations of the Governing Board and the provisions of this Section in ruling on any such dispute. Rulings of the Executive Director may be appealed to the Governing Board, but shall become and remain effective unless stayed or reversed by the Governing Board.
b. Within sixty (60) days of the Effective Date, the parties will develop an expedited dispute resolution mechanism that resolves disputes within two (2) weeks.
Dispute Resolution Mechanism. If the parties do not obtain a final resolution of a dispute regarding the determination of the Merger Consideration Adjustment under Section 2.1(e) hereof within thirty (30) days after Buyer has received the statement of objections from the Stockholders, the Buyer and the Stockholders will select an accounting firm mutually acceptable to them to resolve any remaining objections. If Buyer and Stockholders are unable to agree on the choice of an accounting firm, Buyer will select a nationally-recognized, independent certified public accounting firm. The determination of any accounting firm so selected will be set forth in writing and will be conclusive and binding upon the parties. Buyer will revise the determination of the Merger Consideration Adjustment, as the case may be and as appropriate, to reflect the resolution of any objections thereto.
(i) In the event the parties submit any unresolved objections with respect to the determination of the amount of the Merger Consideration Adjustment to an accounting firm for resolution as provided herein, Buyer and Stockholders will share responsibility for the fees and expenses of the accounting firm as follows:
(A) if the accounting firm agrees with Buyer's determination of the amount of the Merger Consideration Adjustment (with the amount so determined by the Buyer referred to herein as the "Buyer's Value"), Stockholders will be responsible for all of the fees and expenses of the accounting firm incurred in connection with the preparation of the determination with which the accounting firm agrees;
(B) if the accounting firm agrees with the Stockholders' determination of the amount of the Merger Consideration Adjustment (with the amount so determined by the Stockholders referred to herein as the " Stockholders' Value"), Buyer will be responsible for all of the fees and expenses of the accounting firm incurred in connection with the preparation of the determination with which the accounting firm agrees; and
(C) if the accounting firm determines that the amount of the Merger Consideration Adjustment (the "Actual Value") is different from either the Buyer's Value or the Stockholders' Value, the party whose determination is closest to the Actual Value will be responsible for that fraction of the fees and expenses of the accounting firm equal to (x) the difference between the closest party's determination and the Actual Value over (y) the greater of the difference between (I) the Buyer's Value and the Stockholders' V...
Dispute Resolution Mechanism. Any unresolved proposals which may arise between the Employer and the Union concerning any subject matter listed in Exhibit A which the negotiators for the parties are unable to settle by the expiration date of the Agreement, shall be submitted to an arbitrator for decision pursuant to the provisions of the Final Offer Interest Arbitration Agreement. Should tentative agreement be reached, but not ratified by the rank and file membership, the parties agree to reconvene within the time frames set forth in this Appendix to attempt to reach further tentative agreement. The arbitrator will be present at all such negotiating sessions between the parties. If no tentative agreement is reached, the parties will submit to the arbitrator, pursuant to the provisions of the Final Offer Arbitrator Agreement, their last stated positions, as discussed on any subject matter listed in Appendix A, that they were unable to settle.
Dispute Resolution Mechanism. (a) The parties agree to request the Senate to establish an Innovation, Patents and Copyright Committee. Should Senate fail to establish such a Committee within two (2) months of the signing of this Collective Agreement the parties agree to create a continuing Innovation, Patents and Copyright Committee, which shall be composed of two (2) members appointed by the employer and two (2) members appointed by the Association with the chairpersonship alternating between the employer's representatives and the Association's representatives at each successive meeting. The Committee shall meet at least twice annually or at the call of any two (2) members to:
(i) conduct such business as is referred to it;
(ii) consider proposals for modifications or changes in Article 14 of this Collective Agreement; and,
(iii) mediate any disputes arising out of this Article as per 14.6(b) below.
(b) For the purpose of this Collective Agreement, the complaint stage of a grievance pertaining to innovation, patents and copyright shall be referred to the Innovation, Patents and Copyright Committee. If the Committee is unable to resolve the dispute, the remaining formal grievance and arbitration procedures provided for in Article 30 of this Collective Agreement shall apply.
Dispute Resolution Mechanism. (a) The parties agree to request the Senate to establish a Technology Transfer, Patents and Copyright Committee. Should Senate fail to establish such a Committee within two (2) months of the signing of this Collective Agreement the parties agree to create a continuing Technology Transfer, Patents and Copyright Committee, which shall be composed of two (2) members appointed by the employer and two (2) members appointed by the Association with the chairpersonship alternating between the employer's representatives and the Association's representatives at each successive meeting. The Committee shall meet at least twice annually or at the call of any two (2) members to:
(i) conduct such business as is referred to it;
(ii) consider proposals for modifications or changes in the patents and copyright Articles of this Collective Agreement; and,
(iii) mediate any disputes arising out of this Article as per 14.6(b) below.
(b) For the purpose of this Collective Agreement, the complaint stage of a grievance pertaining to patents and copyright shall be referred to the Technology Transfer, Patents and Copyright Committee. If the Committee is unable to resolve the dispute, the remaining formal grievance and arbitration procedures provided for in Article 30 of this Collective Agreement shall apply.
Dispute Resolution Mechanism. (a) The parties hereto acknowledge the need to resolve any disputes arising hereunder that become subject to the following dispute resolution mechanism quickly and expeditiously, and agree to work toward such a resolution. In the event that any valuation or equitable adjustment of rights relating to the procedures and transactions described in this Article I becomes a subject of disagreement between the holders of a majority of the rights depending upon such determination and the Company or one of its Operating Subsidiaries, as applicable, (i) such majority holders and the Company or such Operating Subsidiary, as applicable, promptly (and in any event within three business days) shall provide each other with their respective written proposed valuations or equitable adjustments of rights (including any supporting documentation and the basis for such position), and the Company or such Operating Subsidiary (as applicable) and Silver Lake (if it or its Affiliates hold any such rights), or another representative appointed by such majority holders (if Silver Lake and its Affiliates do not hold any of such rights) (in either such case, the "Investor Representative") shall promptly (and in any event within three business days after the receipt of the other's respective proposed valuation or equitable adjustment) commence negotiating in good faith to reach agreement as to an agreed-upon valuation or equitable adjustment of rights (and any such agreement shall be binding upon the Company or such Operating Subsidiary, as applicable, and all of the holders of the rights depending upon such determination), and (ii) in the event that they fail to reach agreement within five business days following commencement of such negotiations, such valuation or equitable adjustment of rights shall be determined as follows: (A) the Company or Operating Subsidiary, as applicable, and the Investor Representative promptly (and in any event within three business days thereafter) shall together retain a nationally recognized investment banking firm (the "Investment Bank") that has had no material business relationships with the Company or the majority holders of the rights depending upon such determination during the preceding one-year period (unless they shall at the time mutually agree to select an Investment Bank having such business relationships), (B) the Company or Operating Subsidiary, as applicable, promptly shall submit to such Investment Bank the proposed valuation or equitable...
Dispute Resolution Mechanism. All disputes and differences arising out of or in connection with this contract shall be resolved amicably by mutual discussion within 30 days. If the dispute cannot be resolved by mutual discussion and contract the parties shall take such dispute to an arbitrator to be fixed/ approximated by BHU. The arbitration shall be conducted in India in accordance with the provisions of the arbitration and Conciliation Act 1996. The arbitration proceeding shall be conducted in English.
Dispute Resolution Mechanism. 14.1 Where either of the Parties fails to agree with the other on any issue related to this Scheme, then they will follow the undernoted process:
a) The Chief Executives of the Parties, will meet to resolve the issue;
b) If unresolved, the Parties will each agree to prepare a written note of their position on the issue and exchange it with the others for their consideration within 10 working days of the date of the decision to proceed to written submissions.
c) In the event that the issue remains unresolved following consideration of written submissions, the Chief Executives of the Parties, the Chair of the Health Board and the Leader of the Council will meet to appoint an independent mediator and the matter will proceed to mediation with a view to resolving the issue.
14.2 Where the issue remains unresolved after following the processes outlined in (a)-(c) above, the Parties agree the following process to notify Scottish Ministers that agreement cannot be reached: the Chief Executives of the Parties, and the Chief Officer will jointly make a written application to Scottish ministers stating the issues in dispute and requesting that the Scottish Ministers give directions. Column A Column B The National Health Service (Scotland) Act 1978 All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB (functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 48 (residential and practice accommodation); section 55 (hospital accommodation on part payment); section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section...