Onus Sample Clauses

Onus. The receiving Party has the onus of showing that any of the exceptions in clause 17.3 apply.

Onus. Where the Community claims compensation under Subsection 3.5.6, it shall have the ultimate onus of proving such alleged Adverse Effects. Hydro agrees that in the event of any such claim, it will forthwith disclose fully to the Community all relevant information, other than privileged information, concerning Project operations which may have been causally related to, or may have contributed to, the alleged Adverse Effects. Information disclosed by Hydro under this Subsection will be used by the Community only for the purpose of advancing the claim, subject to any direction of the arbitrator. Any dispute with respect to disclosure under this Subsection will be resolved in accordance with Part B of Article 9.

Onus. Any party to a Claim under article 5.0 or an appeal under article 6.0 taking the position that the Project caused or contributed to any loss or damage suffered by a Claimant bears the onus of proof on that issue on a balance of probabilities.

Onus. The receiving Party has the onus of showing that any of the above exceptions apply.

Onus. Where a matter is referred to arbitration under Articles 2.5.10 or 2.5.13, the onus of proving the alleged damage shall be on the Party alleging such damage, but the onus shall always be on Hydro to establish that the Project did not cause, or contribute to, any such alleged damage or to an alleged Adverse Effect.

Onus. ‌ When proceeding under this article, the onus of proving just cause shall rest with the Employer.

Onus. If the Recipient asserts that any information it receives from the Discloser is not Confidential Information then the Recipient has the onus of showing that the information is not confidential.

Onus. The Respondent shall have the burden of proving that any disclosure or use inconsistent with the terms and conditions set out herein fall within any of the foregoing exceptions.

Onus. In any arbitration under Article 2.5.10 the onus shall be on the Party alleging that: (a) a fundamental change of a long-term nature will causeDaily Average Water Levels or Rates of Change consistently, but not necessarily constantly, outside the parameters of the Compensated Range; and (b) the compensation set forth in Schedule 2.2, as may be amended from in relation to occurrences outside of the Compensated Range shall not be open to dispute.