Common use of Process for Review Clause in Contracts

Process for Review. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ will work with ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the “Experts”) to perform a review of the above topics. Following such review, their joint recommendations will be submitted to the County and the County will implement those joint recommendations. A copy of the joint recommendations will also be provided to Disability Rights Advocates and Public Counsel (collectively “Plaintiffs’ Counsel”). To the extent Professors ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ disagree, the following dispute resolution process shall apply and be final: a. Upon notification of a dispute between the Experts, see Section IV.E infra, the Parties shall meet and confer within 30 days and attempt in good faith to resolve the dispute. b. If the Parties are unable to resolve the dispute through the meet and confer process, either Party may submit the matter to Magistrate Judge ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ for purposes of mediation. c. If the Parties are unable to resolve the dispute through mediation, they shall submit the matter to Magistrate Judge ▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ (Judge ▇▇▇▇▇) in the form of letter briefs for decision. The Parties agree that in resolving any dispute, Judge ▇▇▇▇▇ will rely solely on applicable federal and state law and not the terms of this Agreement. This includes, but is not limited to, the ADA, Section 504, California Government Code § 11135, and the IDEA, as applicable. d. Either party may appeal Judge ▇▇▇▇▇’ decision to the Ninth Circuit. e. The District Court, in its discretion, may award fees to the prevailing party in accordance with the standard set forth in Christianberg Garment Co. v. E.E.O.C., 434 U.S. 412 (1978). If Plaintiffs are the prevailing party, the Court may, in its discretion, reduce the amount of attorneys' fees and costs awarded if it determines that the County’s position(s) were reasonable, in whole or in part.

Process for Review. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ will work with ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the “Experts”) to perform a review of the above topics. Following such review, their joint recommendations will be submitted to the County and the County will implement those joint recommendations. A copy of the joint recommendations will also be provided to Disability Rights Advocates and Public Counsel (collectively “Plaintiffs’ Counsel”). To the extent Professors ▇▇▇▇▇▇▇▇ Krisberg and ▇▇▇▇▇▇▇ disagree, the following dispute resolution process shall apply and be final: a. Upon notification of a dispute between the Experts, see Section IV.E infra, the Parties shall meet and confer within 30 days and attempt in good faith to resolve the dispute. b. If the Parties are unable to resolve the dispute through the meet and confer process, either Party may submit the matter to Magistrate Judge ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ for purposes of mediation. c. If the Parties are unable to resolve the dispute through mediation, they shall submit the matter to Magistrate Judge ▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ (Judge ▇▇▇▇▇) in the form of letter briefs for decision. The Parties agree that in resolving any dispute, Judge ▇▇▇▇▇ will rely solely on applicable federal and state law and not the terms of this Agreement. This includes, but is not limited to, the ADA, Section 504, California Government Code § 11135, and the IDEA, as applicable. d. Either party may appeal Judge ▇▇▇▇▇’ decision to the Ninth Circuit. e. The District Court, in its discretion, may award fees to the prevailing party in accordance with the standard set forth in Christianberg Garment Co. v. E.E.O.C., 434 U.S. 412 ▇▇▇ ▇.▇. ▇▇▇ (1978). If Plaintiffs are the prevailing party, the Court may, in its discretion, reduce the amount of attorneys' fees and costs awarded if it determines that the County’s position(s) were reasonable, in whole or in part.

Process for Review. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ will work with ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (the “Experts”) to perform a review of the above topics. Following such review, their joint recommendations will be submitted to the County and the County will implement those joint recommendations. A copy of the joint recommendations will also be provided to Disability Rights Advocates and Public Counsel (collectively “Plaintiffs’ Counsel”). To the extent Professors ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ disagree, the following dispute resolution process shall apply and be final: a. Upon notification of a dispute between the Experts, see Section IV.E infra, the Parties shall meet and confer within 30 days and attempt in good faith to resolve the dispute. b. If the Parties are unable to resolve the dispute through the meet and confer process, either Party may submit the matter to Magistrate Judge ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ for purposes of mediation. c. If the Parties are unable to resolve the dispute through mediation, they shall submit the matter to Magistrate Judge ▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇ (Judge ▇▇▇▇▇) in the form of letter briefs for decision. The Parties agree that in resolving any dispute, Judge ▇▇▇▇▇ will rely solely on applicable federal and state law and not the terms of this Agreement. This includes, but is not limited to, the ADA, Section 504, California Government Code § 11135, and the IDEA, as applicable. d. Either party may appeal Judge ▇▇▇▇▇’ decision to the Ninth Circuit. e. The District Court, in its discretion, may award fees to the prevailing party in accordance with the standard set forth in Christianberg Garment Co. v. E.E.O.C., 434 U.S. 412 ▇▇▇ ▇.▇. ▇▇▇ (1978). If Plaintiffs are the prevailing party, the Court may, in its discretion, reduce the amount of attorneys' fees and costs awarded if it determines that the County’s position(s) were reasonable, in whole or in part.