Order of Proceeding Clause Samples

The 'Order of Proceeding' clause establishes the sequence in which tasks, obligations, or phases of a project must be performed under an agreement. It typically outlines the required order for completing deliverables, starting work, or addressing issues, ensuring that parties follow a predetermined workflow. By specifying this sequence, the clause helps prevent confusion, delays, or disputes about which party should act first or which steps must be completed before others, thereby promoting efficiency and clarity in project execution.
Order of Proceeding. The Party bearing the burden of proof shall present its case first.
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Order of Proceeding. The Bank shall be under no obligation to proceed in any order or against any property to enforce its rights under the Loan Documents, and it shall be free to exercise its rights in any order it choses. Without limiting the foregoing, the Bank shall be under no obligation to proceed against the Borrower before proceeding directly against any Guarantor, nor shall the Bank be under any obligation to proceed against any or all of the Collateral before proceeding directly against the Borrower and/or any Guarantor in any order determined by the Bank.
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Order of Proceeding. The order of proceeding, along with the written investigative report and any exhibits, should efficiently provide the Hearing Officers with sufficient relevant evidence from which to make a determination while allowing the parties the opportunity to be heard. The order provided below may be modified by the Hearing Officers for good reason. a. The Hearing Officers shall introduce the case, describe the hearing process to the parties, and identify the witnesses each party intends to question. b. The Hearing Officers shall read the alleged policy violation(s) and state that it is presumed that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the hearing after applying a preponderance of the evidence standard. The Hearing Officers shall inform the Respondent that if they are found not responsible for violating the University’s prohibition on sexual harassment, they may still be found responsible for violating the University’s prohibition on harassment defined in Section II.P. of these policies and procedures. c. The Hearing Officers shall allow the Respondent to admit or deny responsibility. If the Respondent admits responsibility, the Hearing Officers shall question the Respondent on each allegation of the formal complaint. If the Respondent admits responsibility for all allegations, the Hearing Officers may proceed to Sanctions. If the Respondent denies responsibility for one or more allegations, the Hearing Officers shall proceed with the rest of these procedures, and shall only proceed to Sanctions when a determination of responsibility has been made for all allegations. d. The Administrative Officer shall make an opening statement and inform the Hearing Officers of the findings of the final investigative report and identify witnesses that will be offering evidence. The Hearing Officers may question the Administrative Officer about the content of this opening statement, including questions about the content of the investigative report, its findings, and the witness and exhibit lists. The Administrative Officer may use any exhibits available during this statement. e. The Hearing Officers shall allow the Respondent to make an opening statement, if they so choose. f. The Hearing Officers shall allow the Complainant to make an opening statement, if they so choose. g. The Administrative Officer shall present the relevant evidence to the Hearing Officer through credible evidence...
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Order of Proceeding. Complainant shall proceed first, if present at the commencement of the oral hearing.
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Order of Proceeding. Except as may be ordered otherwise by the presiding hearing examiner, the party applicant for relief shall proceed first at a hear- ing.
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Related to Order of Proceeding

  • Initiation of Proceeding Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or officer of the Company unless (i) the Company has joined in or the Board has consented to the initiation of such Proceeding; (ii) the Proceeding is one to enforce indemnification rights under Section 5; or (iii) the Proceeding is instituted after a Change in Control (other than a Change in Control approved by a majority of the directors on the Board who were directors immediately prior to such Change in Control) and Independent Counsel has approved its initiation.

  • Initiation of Proceedings If foreclosure approval has not been withheld by the Master Servicer and, where applicable, by the respective Primary Mortgage Insurer and/or the respective Pool Insurer, with respect to a Mortgaged Property, including Co-op Shares, the Servicer shall, unless it arranges for the sale by the Borrower of the Mortgaged Property to a third party pursuant to Section 13.3.3, initiate or cause to be initiated such foreclosure actions as are authorized by law and consistent with practices in the locality where the Mortgaged Property is located, including, in the case where such Mortgaged Property includes a residential long-term lease, the succession by the Servicer to the rights of the Borrower under the lease by foreclosure, assignment in lieu of foreclosure or other comparable means. If such Mortgaged Property has been abandoned or vacated by the Borrower and the Borrower has evidenced no intention of honoring his obligations under the related Mortgage Loan, the foreclosure process shall be expedited to the fullest extent permitted by law.

  • Notification of Proceeding Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

  • Notice of Proceeding Indemnitee agrees to notify the Company promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any Proceeding or matter which may be subject to indemnification or advancement of Expenses hereunder. Any failure by Indemnitee to notify the Company will relieve the Company of its advancement or indemnification obligations under this Agreement only to the extent the Company can establish that such omission to notify resulted in actual and material prejudice to it which cannot be reversed or otherwise eliminated without any material negative effect on the Company, and the omission to notify the Company will, in any event, not relieve the Company from any liability which it may have to indemnify Indemnitee otherwise than under this Agreement. If, at the time of receipt of any such notice, the Company has director and officer insurance policies in effect, the Company will promptly notify the relevant insurers in accordance with the procedures and requirements of such policies.

  • Notice of Proceedings The Board Member shall promptly notify the Secretary of the Fund in writing upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any Proceeding which may be subject to indemnification or advancement of expense pursuant to this Agreement, but no delay in providing such notice shall in any way limit or affect the Board Member’s rights or the Fund’s obligations under this Agreement.