Enforcement Procedure Sample Clauses

Enforcement Procedure. In the event a Party is entitled to and brings an infringement action in accordance with this Section 8.3, the other Party shall cooperate fully, including furnishing of a power of attorney, being joined as a party plaintiff in such action, providing access to relevant documents and other evidence and making its employees available at reasonable business hours. If a Party pursues an action against such alleged infringement, it shall consider in good faith any comments from the other Party and shall keep the other Party reasonably informed of any steps taken to preclude such infringement.

Enforcement Procedure. The Executive Director of Residence Life and staff are delegated the responsibility to take actions necessary to ensure the health, safety and welfare of the residents. Responsibility for interpretations of the residence halls rules, as well at their enforcement, is solely that of the Executive Director of the Office of Residence Life and staff.

Enforcement Procedure. The employee's financial liability to the Union for the amount of the required membership dues or representation service fee commences with the first day of this Agreement or the first day of employment in the Bargaining Unit, whichever is later. Any such financial liability to the Union which arose under the immediately preceding contract, if not satisfied hereunder, shall be continued and enforceable under this Agreement. An employee who is restored to employment pursuant to a "make whole" (or full back pay and benefits) arbitration award, court judgment, or grievance settlement shall be liable for the dues or fees arising from the period to which the award, judgment or settlement applies, and the amount of such dues or fees shall be deducted from the "make whole" amount otherwise due. The Employer may, but shall not be obligated to, make arrangements with the employee and the Union, satisfactory to all, to permit the employee to satisfy the financial arrearage through additional payroll deduction authorizations. An employee who is meeting or exceeding the larger of the following standards to satisfy an arrearage shall be exempt from discharge: 1. The amount of the biweekly representation service fee in effect at the time the arrearage repayment plan is initiated; or 2. The biweekly amount of the payment plan, if followed, would result in the arrearage being satisfied with 26 biweekly pay periods following the date when the repayment plan was initiated. Except as provided in Subsection 3. below, the Employer shall automatically deduct from the pay to which the employee is otherwise entitled, and remit to the Union, a representation service fee as provided in Section D. above, after the following: 1. After 30 days from the effective date of this Agreement or the first day of employment in the Bargaining Unit, whichever is later, the Union has requested automatic deduction of the service fee by notifying the Employer in writing, with a certified, return receipt copy to the employee, that the employee is subject to the provisions of this Section and has failed to become or remain a member of the Union in good standing or to tender the required service fee. 2. Within 14 calendar days following its receipt of such notice from the Union, the Employer shall notify the employee, with a copy to the Union, that beginning with the next pay period it will commence deduction of the service fee and remit same to the Union. Thereupon, the Employer shall begin such dedu...

Enforcement Procedure. The grievant shall reduce his/her grievance to writing on a provided form and present it to the MPSO Grievance Representative or his/her designee. The MPSO Grievance Representative or his/her designee shall meet with the grievant and if the grievant so desires and the MPSO Grievance Representative or his/her designee so determines, the MPSO Grievance Representative or his/her designee shall, within twenty (20) consecutive calendar days of the occurrence of the incident leading to the grievance, submit the written grievance to the Personnel/Administration Bureau, and therein a request shall be made for a meeting with the Chief. If the grievance is submitted within the prescribed time, the Chief, the grievant and the MPSO Representative shall meet at a mutually agreeable time. The grievant shall be entitled to be present and shall have the right to be represented by the MPSO representative and the parties shall discuss the grievance in good faith and attempt to resolve the matter. Within forty-five (45) days after the meeting, the Chief shall advise in writing the grievant and the MPSO Representative of the Chief's decision. If an MPSO grievance is not settled with the Chief, the MPSO may proceed to final and binding arbitration as hereinafter provided.

Enforcement Procedure. In the event of Borrower's failure to pay any amount owing to Lender, or the occurrence of any Event of Default, Lender may, at its sole option and without demand and upon such notice as may be required by law, do any one or more of the following: 11.1. Require Borrower and/or VVI to assemble the Collateral in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit and make it available to Lender at a place designated by Lender; 11.2. Immediately take possession of the Collateral in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit wherever it may be found, using all necessary force to do so, and Borrower and/or VVI waives all claims to damages due to or arising from or connected with any such taking; 11.3. Proceed in the foreclosures of this Agreement; and 11.4. Sell in one or more sales or all of the Collateral in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit at public or private sale with appraisal or having any or all of the Collateral in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit at the place of sale, upon such terms and in such manner as Lender may determine. 11.5. Prior to any sale, Lender may at its option complete the processing of any Inventory in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit subject to the lien hereof, repair or recondition the same to such extent as Lender may deem advisable and any sums expended therefor by Lender will be repaid by Borrower. Lender may take possession of Borrower's and/or VVI's premises to complete such processing, repairing and reconditioning, using the facilities and other property of Borrower and/or VVI to do so, to store any Collateral in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit subject to Lender's security interest and to conduct any sale as provided for herein, all without compensation to Borrower. Lender may be the purchaser of any Collateral in value of up to the amount of the unpaid aggregate amount drawn on the Line of Credit so sold and hold the same thereafter in its own right absolutely free from any claims of Borrower and/or VVI or right of redemption thereof.

Enforcement Procedure. 1. No Employee shall be terminated under this Article for failure to comply with Subsection A1 unless: a) The Union first has notified the Employee by letter, explaining that he/she is delinquent in tendering the required service fee, or payment in lieu of service fee pursuant to Subsection A1 above, specifying the current amount of the delinquency, and warning the Employee that unless such service fee, or payment in lieu of service fee, is tendered within thirty (30) calendar days, the Employee will be reported to the District for termination as provided in this Article; and b) The Union has furnished the District with written proof that the procedure of Subsection B1(a), above has been followed, or has supplied the District with a copy of the letter sent to the Employee and notice that he/she has not complied with the request. The Union must further provide, when requesting the District to terminate the Employee, the following written notice: “The Union certifies that (Employee’s Name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the District shall terminate the Employee.” 2. Upon written request of the Union, and within 30 calendar days after District is satisfied that the foregoing conditions have been completed, the District shall terminate the employment of any Employee who fails to comply with the requirements of Subsection A1 above during the duration of this Agreement, subject to applicable notice and hearing rights.

Enforcement Procedure. During the term of the Progenics-Salix Agreement, the University irrevocably waives compliance with the first paragraph of Section 5 of the University Agreement that requires an Independent Patent Attorney (as such term is defined in the University Agreement) to make a prima facie determination in the event of alleged third party infringement. Rather, the University hereby agrees that, subject only to the rights of Ono under the Progenics-Ono Agreement and the 2008 MNTX Agreement, during the term of the Progenics-Salix Agreement, Salix shall have the right to enforce the University Patents to the same extent, and following the same procedure, as set forth in the Progenics-Salix Agreement with respect to the Progenics Patent Rights.

Enforcement Procedure. In the event either Party brings an infringement action in accordance with this Section 11.4, the other Party shall cooperate fully, including, if required to bringing such action, furnishing of a power of attorney or being joined as a party plaintiff in such action. The costs of any litigation commenced pursuant to this Section 11.4, including attorneys' fees and expenses, but excluding any allocation for internal resources devoted to the litigation, shall be included in Patent Costs in the manner provided for in the definition of such term. Any recovery realized as a result of such litigation shall be allocated to reimburse Patent Costs. Any remaining recovery shall be split [*] by the Parties (net of any amount thereof that must be paid to the licensor under any of the Existing Third Party Licenses). No settlement or consent judgment or other voluntary final disposition of a suit under this Section 11.4 may be entered into without the joint consent of Corgentech and BMS. Any recovery shall be split as provided in this Section 11.4(c), shall not be applied to reduce Patent Costs and shall not be included in the calculation of Allowable Expenses or Profit or Loss.

Enforcement Procedure. Any right to indemnification or advances granted by this Agreement to Indemnitee shall be enforceable by or on behalf of Indemnitee in the forum in which the proceeding is or was pending or, if such forum is not convenient or available, in any court of competent jurisdiction if (i) the claim for indemnification or advances is denied by the Company, in whole or in part, or (ii) no disposition of such claim is made within thirty (30) days of request therefor. Indemnitee, in such enforcement action, shall be entitled to be paid also 3 the expense of prosecuting his or her claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in connection with any proceeding in advance of its final disposition when the required undertaking has been tendered to the Company) that Indemnitee is not entitled to indemnification because of the limitations set forth in Section 5 hereof, but the burden of proving such defense shall be on the Company. Neither the failure of the Company (including its Board of Directors of its stockholders) to have made a determination prior to the commencement of such enforcement action that indemnification of Indemnitee is proper in the circumstances, nor an actual determination by the Company (including its Board of Directors or its stockholders) that such indemnification is improper shall be a defense to the action or create a presumption that Indemnitee is not entitled to indemnification under this Agreement or otherwise.