Fair and Lawful Processing1 Sample Clauses
Fair and Lawful Processing1
Disputes and Law I1 Governing Law and Jurisdiction
LICENSES AND LAWS 2 A. CONTRACTOR, its officers, agents, employees, affiliates, and subcontractors shall, throughout 3 the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, 4 accreditations, waivers, and exemptions necessary for the provision of the services hereunder and 5 required by the laws, regulations and requirements of the United States, the State of California, 6 COUNTY, and all other applicable governmental agencies. CONTRACTOR shall notify 7 ADMINISTRATOR immediately and in writing of its inability to obtain or maintain, irrespective of the 8 pendency of any hearings or appeals, permits, licenses, approvals, certificates, accreditations, waivers 9 and exemptions. Said inability shall be cause for termination of this Agreement. 10 B. ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS 11 1. ▇▇▇▇▇▇▇▇▇▇ agrees to furnish to ADMINISTRATOR within thirty (30) calendar days 12 of the award of this Agreement: 13 a. In the case of an individual contractor, his/her name, date of birth, social security 14 number, and residence address; 15 b. In the case of a contractor doing business in a form other than as an individual, the 16 name, date of birth, social security number, and residence address of each individual who owns an 17 interest of ten percent (10%) or more in the contracting entity; 18 c. A certification that CONTRACTOR has fully complied with all applicable federal and 19 state reporting requirements regarding its employees; 20 d. A certification that CONTRACTOR has fully complied with all lawfully served Wage 21 and Earnings Assignment Orders and Notices of Assignment, and will continue to so comply. 22 2. Failure of CONTRACTOR to timely submit the data and/or certifications required by 23 Subparagraphs 1.a., 1.b., 1.c., or 1.d. above, or to comply with all federal and state employee reporting 24 requirements for child support enforcement, or to comply with all lawfully served Wage and Earnings 25 Assignment Orders and Notices of Assignment, shall constitute a material breach of this Agreement; 26 and failure to cure such breach within sixty (60) calendar days of notice from COUNTY shall constitute 27 grounds for termination of this Agreement. 28 3. It is expressly understood that this data will be transmitted to governmental agencies 29 charged with the establishment and enforcement of child support orders, or as permitted by federal 30 and/or state statute. 31 C. CONTRACTOR shall comply with all applicable governmental laws, regulations, and 32 requirements as they exist now or may be hereafter amended or changed. These laws, regulations, and 33 requirements shall include, but not be limited to, the following: 34 1. ARRA of 2009.
Disputes between a Contracting Party and an Investor (1) Any dispute which may arise between an investor of one Contracting Party and the other Contracting Party in connection with an investment on the territory of that other Contracting Party shall be subject to negotiations between the parties in dispute. (2) If any dispute between an investor of one Contracting Party and the other Contracting Party continues to exist after a period of three months, investor shall be entitled to submit the case either to: (a) The International Centre for Settlement of Investment Disputes having regard to the applicable provisions of the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington D.C. on 18 March 1965, or in case both Contracting Parties have not become parties to this Convention, (b) An arbitrator or international ad hoc arb1 tral tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.
Disputes between the Contracting Parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.
Disputes and Liabilities A. In addition to the other remedies provided for hereunder and except as expressly limited herein, both Parties to this Agreement shall have the full benefit of all applicable remedies generally available to a Licensor/ Licensee of products under the Uniform Commercial Code. B. In the event of any disputes between the Parties associated with this Agreement, the Parties hereby agree to work toward resolution and negotiate in good faith for a period of not less than thirty (30) days. The Parties shall both assign individuals whose responsibility it shall be to review and interpret the events and circumstances of the dispute and to resolve and/or propose to the Parties’ Senior Management a viable mutually acceptable resolution. If at any time during the resolution process the assigned individuals determine for whatever reason that the dispute cannot be resolved at the assigned level the Parties agree to escalate the dispute to ascending levels of management up to and including the Vice President of the respective organizations. If after thirty (30) days resolution has not been achieved the Parties may exercise any and all courses of resolution prescribed herein, unless the Parties otherwise mutually agree to extend the negotiation/resolution period. C. Neither Party to this Agreement shall be liable for any claim arising out of this Agreement in an amount exceeding the total contract price with the exception of the damages and costs described in Section 10 (“Indemnification”) and Section 17 (“Warranties”). In no other event shall either Party be liable hereunder for any indirect, incidental or consequential damages (including lost business profit) sustained by the other Party or any other individual or entity for any matter arising out of or pertaining to the subject matter of this Agreement. D. The Parties hereby expressly acknowledge that the foregoing limitations were fully considered by each Party to this Agreement and appropriately reflects a fair allocation of risks. E. No action arising under or related to this Agreement may be brought by one Party against the other more than two (2) years after the cause of the cause of the action arose. F. The Parties agree that this Agreement is the result of negotiations between the Parties and that no term or provision shall be construed against a Party merely because the term or provision is contained in a document drafted, prepared, written or pre- printed by that Party.