Questions of Fact Sample Clauses

The "Questions of Fact" clause defines how factual disputes arising under a contract will be resolved. Typically, it designates a specific individual or authority, such as a contract administrator or arbitrator, to make determinations regarding factual matters, like whether a party has fulfilled its obligations or if certain events have occurred. This clause ensures that disagreements over facts are settled efficiently and authoritatively, reducing uncertainty and preventing prolonged disputes that could delay contract performance.
Questions of Fact. Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law.
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Questions of Fact. Any question of fact in connection with work not disposed of by agreement between the parties will be referred to the DEPARTMENT’S Secretary for determination, whose decision will be final and conclusive to the parties of this Agreement.
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Questions of Fact. A. Any question of fact in with this work not disposed of by agreement between parties shall be referred to the Program Manager, Office of Air, Rail and Transit, South Dakota Department of Transportation, for determination. His decision shall be final and conclusive to the parties of this AGREEMENT.
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Questions of Fact. “[T]he standard for reviewing a military judge’s decision to accept a plea of guilty is an abuse of discretion.” The court added, “A military judge abuses his discretion if he accepts a guilty plea without an adequate factual basis to support the plea.” 1 CAAF seemingly departed from prior caselaw and provided the following explanation regarding the substantial basis test, which now expressly requires either a substantial basis in law or a substantial basis in fact for questioning the providence of a guilty plea: Does the record as a whole show “‘a substantial basis’ in law and fact for questioning the guilty plea.” Traditionally, this test is presented in the conjunctive (i.e., law and fact) . . . however, the test is better considered in the disjunctive (i.e., law or fact). That is because it is possible to have a factually supportable plea yet still have a substantial basis in law for questioning it.
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Questions of Fact. Any question of fact in connection with this work not disposed of by agreement between the parties shall be referred to the City of Tea for determination. This determination, after consultation with SDDOT, MPO, and FHWA, shall be final and conclusive to the parties of the agreement.
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Related to Questions of Fact

  • QUESTIONS OF INTERPRETATION (a) This Agreement shall be governed by the laws of the State of Ohio. (b) Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Act shall be resolved by reference to such term or provision of the Act and to interpretation thereof, if any, by the United States courts or in the absence of any controlling decision of any such court, by rules, regulations or orders of the Securities and Exchange Commission issued pursuant to said Act. In addition, where the effect of a requirement of the Act, reflected in any provision of this Agreement is revised by rule, regulation or order of the Securities and Exchange Commission, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

  • REPRESENTATIONS OF ADVISER The Adviser represents, warrants and covenants that: A. The Adviser (i) is registered as an investment adviser under the Advisers Act and will continue to be so registered for so long as this Agreement remains in effect; (ii) is not prohibited by the Investment Company Act, the Advisers Act or other law, regulation or order from performing its obligations under this Agreement; (iii) has met, and will seek to continue to meet for so long as this Agreement is in effect, any other applicable federal or state requirements, or the applicable requirements of any regulatory or industry self-regulatory agency, necessary to be met in order to perform its obligations under this Agreement; (iv) has the power and authority to enter into and perform its obligations under this Agreement; and (v) will promptly notify the Sub-Adviser of the occurrence of any event that would disqualify the Adviser from serving as the investment adviser of an investment company pursuant to Section 9(a) of the Investment Company Act or otherwise. B. The Adviser has adopted a written code of ethics complying with the requirements of Rule 17j-1 under the Investment Company Act and will provide the Sub-Adviser with a copy of such code of ethics. C. The Adviser will also promptly notify the Sub-Adviser if it is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Portfolio(s) and affecting the Sub-Adviser; provided, however, that routine regulatory examinations not involving the Sub-Adviser shall not be required to be reported by this provision. D. The Adviser is registered as a commodity pool operator (“CPO”) under the Commodity Exchange Act (“CEA”) and is a member of the National Futures Association (“NFA”). With respect to each of the Portfolio(s), the Adviser has claimed either (1) the CPO exclusion in Commodity Futures Trading Commission (“CFTC”) Regulation 4.5 with respect to the Portfolio and, in such case, the Adviser will file the notice required under CFTC Regulation 4.5 with respect to the Portfolio and will annually reaffirm such notice filing on behalf of the Portfolio as required by CFTC Regulation 4.5; or (2) the relief in CFTC Regulation 4.12(c)(1)(ii) with respect to the Portfolio. Information regarding whether the Adviser has claimed either the CPO exclusion in CFTC Regulation 4.5 or the relief in CFTC Regulation 4.12(c)(1)(ii) with respect to a Portfolio is available on the NFA’s website at ▇▇▇.▇▇▇.▇▇▇▇▇▇▇.▇▇▇. The Adviser further represents, warrants and covenants that each of the Portfolio(s) is, and until this Agreement is terminated will remain, an “eligible contract participant” within the meaning of Section 1a(18) of the CEA.

  • Limitations of Actions No lawsuit relating to this Agreement may be filed before a written claim is filed with the Administrator and is denied or deemed denied as provided in the Plan and any lawsuit must be filed within one year of such denial or deemed denial or be forever barred.

  • Questions and Answers Questions must be submitted via email to ▇▇▇▇▇.▇▇▇▇▇@▇▇.▇▇▇▇▇▇▇.tx.us by Wednesday, March 03, 2021 at 5:00 P.M. Responses to submitted questions will be emailed to all participants who obtained their procurement packet directly from ▇▇▇▇▇▇▇ County Purchasing Department by Friday, March 05, 2021. Telephone inquiries will not be accepted.

  • Representations of GFS GFS represents and warrants to the Trust that: (i) it is a limited liability company duly organized and existing and in good standing under the laws of the State of Nebraska; (ii) it is empowered under applicable laws and by its organizational documents to enter into this Agreement and perform its duties under this Agreement; (iii) it has access to the necessary facilities, equipment, and personnel to perform its duties and obligations under this Agreement; and (iv) it is registered as a transfer agent under Section 17A of the Securities Exchange Act of 1934 and shall continue to be registered throughout the remainder of this Agreement.