Notice of Discriminatory Action Clause Samples
The Notice of Discriminatory Action clause requires that parties promptly inform each other if any discriminatory behavior or action is alleged or identified within the scope of their relationship or agreement. Typically, this clause outlines the process for providing written notice, specifies the timeframe for notification, and may detail the types of discriminatory actions covered, such as those based on race, gender, or other protected characteristics. Its core function is to ensure transparency and timely communication, enabling swift investigation and resolution of discrimination issues, thereby helping to maintain a fair and compliant working environment.
Notice of Discriminatory Action.
(a) In order to exercise its rights in the event of the occurrence of a Discriminatory Action, the Supplier must give a notice (the “Preliminary Notice”) to the Buyer within sixty (60) days after the date on which the Supplier first became aware (or should have been aware, using reasonable due diligence) of the Discriminatory Action stating that a Discriminatory Action has occurred. Within sixty (60) days after the date of receipt of the Preliminary Notice, the Supplier must give another notice (the “Notice of Discriminatory Action”). A Notice of Discriminatory Action must include:
(i) a statement of the Discriminatory Action that has occurred;
(ii) details of the effect of the said occurrence that is borne by the Supplier;
(iii) details of the manner in which the Discriminatory Action increases the costs that the Supplier would reasonably be expected to incur under this Agreement in satisfying the Must-Offer Obligation; and
(iv) the amount claimed as Discriminatory Action Compensation and details of the computation thereof. The Buyer shall, after receipt of a Notice of Discriminatory Action, be entitled, by notice given within thirty (30) days after the date of receipt of the Notice of Discriminatory Action, to require the Supplier to provide such further supporting particulars as the Buyer considers necessary, acting reasonably.
(b) If the Buyer wishes to dispute the occurrence of a Discriminatory Action, the Buyer shall give a notice of dispute (the “Notice of Dispute”) to the Supplier, stating the grounds for such dispute, within thirty (30) days after the date of receipt of the Notice of Discriminatory Action or within thirty (30) days after the date of receipt of the further supporting particulars, as applicable.
(c) If neither the Notice of Discriminatory Action nor the Notice of Dispute has been withdrawn within thirty (30) days after the date of receipt of the Notice of Dispute by the Supplier, the dispute of the occurrence of a Discriminatory Action shall be submitted to mandatory and binding arbitration in accordance with Section 16.2 without first having to comply with Section 16.1.
(d) If the Buyer does not dispute the occurrence of a Discriminatory Action or the amount of Discriminatory Action Compensation claimed in the Notice of Discriminatory Action, the Buyer shall pay to the Supplier the amount of Discriminatory Action Compensation claimed within sixty (60) days after the date of receipt of the Notice of Discriminatory Action. If a Not...
Notice of Discriminatory Action. (a) In order to exercise its rights in the event of the occurrence of a Discriminatory Action, the Supplier must give a notice (the “Preliminary Notice”) to the Buyer within sixty (60) days after the date on which the Supplier first became aware (or should have been aware, using reasonable due diligence) of the Discriminatory Action stating that a Discriminatory Action has occurred. Within sixty (60) days after the date of receipt of the Preliminary Notice, the Supplier must give another notice (the “Notice of Discriminatory Action”). A Notice of Discriminatory Action must include:
(i) a statement of the Discriminatory Action that has occurred;
(ii) details of the effect of the said occurrence that is borne by the Supplier;