Local Disputes Clause Samples

Local Disputes. (a) A party to a Local Dispute must notify the designated representative of the other party to the Local Dispute. The notice must be in writing, with a copy to the Joint Agreement Administration Group, and must include the following information: (i) the provisions of any Local Contract in issue; (ii) the facts upon which the complaining party relies; (iii) an outline of argument demonstrating how the facts and law support the complaining party’s position; and (iv) the remedy sought by the complaining party. (b) Within 15 days of receipt of the notice referred to in section 22.2(a) by the other party to the Local Dispute, the designated representatives of the parties to the Local Dispute will meet informally in an attempt to resolve the matter or to narrow the issues. (c) In the event that the meeting referred to in section 22.2(b) results in a proposed agreement between the parties to the Local Dispute to settle the Local Dispute, they will jointly submit the proposed agreement to the Joint Agreement Administration Group. Within 15 days of receiving a proposed agreement, the Joint Agreement Administration Group will advise the parties to the Local Dispute of whether or not the proposed agreement is consistent with this Agreement and the Physician Master Subsidiary Agreements. If the Joint Agreement Administration Group advises that: (i) the proposed agreement is so consistent, the proposed agreement will be binding on the parties to the Local Dispute; (ii) the proposed agreement is not so consistent, the proposed agreement will not be implemented and section 22.2(e) will apply; (iii) the Joint Agreement Administration Group cannot reach a consensus decision with respect to the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements, then, within 30 days of the Joint Agreement Administration Group advising that it cannot reach a consensus decision, either the Government or the Doctors of BC may refer the question of the consistency of the proposed agreement with this Agreement and the Physician Master Subsidiary Agreements to the Adjudicator or the Adjudication Committee with notice to the Joint Agreement Administration Group; (iv) If the Government or the Doctors of BC initially refers the matter to an Adjudicator under section 22.2(c)(iii), the opposing party may, at their election and within 10 days of the receipt of the notice by the Joint Agreement Committee, advise the Joint Agreement Administration Gro...

Local Disputes. There are no disputes between the Company or the Material Subsidiary and any local, aboriginal or indigenous group outstanding, or to the Company’s knowledge, threatened or imminent with respect to any of the Company’s or the Material Subsidiary’s properties or exploration and development activities.

Local Disputes. Notwithstanding the provisions of Section 9.1 above, the following local disputes arising between the wholly owned or Controlled affiliates described in Section 9.1 will be dealt with by such parties under local law and not by the Parties. (i) collection of unpaid invoices or refunds; (ii) claims for personal injury or damage to personal property; (iii) claims for return, or the replacement value, of any Equipment or Software; (iv) breach of Section 6.3 affecting a party to an Acknowledgment; (v) claims seeking to enforce any local third party rights or obligations, as applicable; and (vi) claims for equitable relief. Any such dispute will be subject to all terms and conditions of this Agreement including, but not limited to, all limitations of liability and remedies stated herein, but will not be subject to Sections 9.4 or 11.8 (local law, excluding conflict of laws jurisprudence, in the jurisdiction where the Amadeus ACO is located will apply) and the nature of any claim and its proceedings will be entirely at the discretion of the entity bringing an action.

Local Disputes. Notwithstanding the provisions of Clause 9.1 above, the following local disputes arising between the wholly owned affiliates described in Clause 9.1 will be dealt with by such Parties under governing law and not by the Parties. (i) collection of unpaid invoices or refunds; (ii) claims for personal injury or damage to personal property; (iii) claims for return, or the replacement value, of any Equipment or Software; (iv) breach of Clause 7; (v) claims seeking to enforce any local third party rights or obligations, as applicable; and (vi) claims for equitable relief. Any such dispute will be subject to all terms and conditions of this Agreement including, but not limited to, all limitations of liability and remedies stated herein, but will not be subject to Clauses 9.3 or 10.9 and the nature of any claim and its proceedings will be entirely at the discretion of the entity bringing an action.

Local Disputes. Except as set forth in the Canadian Prospectus, no dispute between the Company and any local, aboriginal or indigenous group exists, or to the Company’s knowledge, is threatened or imminent with respect to any of the Company’s properties or exploration and development activities that could reasonably be expected to have a Material Adverse Effect.

Local Disputes. Except as set forth in the Disclosure Documents, no dispute between the Corporation and any local, aboriginal or indigenous group exists, or to the Corporation’s knowledge, is threatened or imminent with respect to any of the Corporation’s properties or exploration and development activities that could reasonably be expected to have a Material Adverse Effect.

Local Disputes. Notwithstanding the provisions of Clause 9.1 above, the following local disputes arising between the wholly owned affiliates described in Clause 9.1 will be dealt with by such Parties under governing law and not by the Parties. (i) collection of unpaid invoices or refunds; (ii) claims for personal injury or damage to personal property; (iii) claims for return, or the replacement value, of any Equipment or Software; (iv) breach of Clause 7; (v) claims seeking to enforce any local third party rights or obligations, as applicable; and (vi) claims for equitable relief. Any such dispute will be subject to all terms and conditions of this Agreement including, but not limited to, all limitations of liability and remedies stated herein, but will not be subject to Clauses 9.3 or 10.9 and the nature of any claim and its proceedings will be entirely at the discretion of the entity bringing an action.