The Determination Clause Samples

The Determination. (a) As soon as possible after receipt of the submissions or after any conference and, in any event not later than 30 days after the Expert's acceptance of appointment, the Expert must: (i) determine the Matter between the Parties; and (ii) notify the Parties of that determination. (b) The determination of the Expert must: (i) be in writing stating the Expert's determination and giving reasons; (ii) be made on the basis of the submissions (if any) of the parties, the conference (if any) and the Expert's own expertise; and (iii) meet the requirements of the Relevant Agreement. (b) To the extent permitted by Law, the Expert's determination will be final and binding on the Parties unless a notice of dissatisfaction is given in accordance with clause [#insert relevant clause reference]of the Relevant Agreement.

The Determination. (a) As soon as possible after receipt of the submissions or after any conference and, in any event not later than 30 days after the Expert's acceptance of appointment, the Expert must: (i) determine the Matter between the Parties; and (ii) notify the Parties of that determination. (b) The determination of the Expert must: (i) be in writing stating the Expert's determination and giving reasons; (ii) be made on the basis of the submissions (if any) of the Parties, the conference (if any) and the Expert's own expertise; and (iii) meet the requirements of the NRSA. (c) To the extent permitted by Law, the Expert's determination will be final and binding on the Parties unless a notice of dissatisfaction is given in accordance with clause [24.4(a)] of the NRSA.

The Determination. The Determination occurs when a qualified health professional, in satisfaction of the National Standard, has determined that the employee is either: • Fit for Duty; • Fit for Duty subject to Review; • Fit for Duty subject to Job Modification; • Temporarily Unfit for Duty Subject to Review; or • Permanently Unfit for Duty.

The Determination. 6.1 As expeditiously as possible after the receipt of the submissions or after any conference and, in any event not later than three months after the commencement of the Process unless the time has been extended by agreement between the Parties, the Expert shall determine the dispute between the Parties and notify such determination in writing to the Parties. 6.2 The notice of the determination shall include a brief statement of the reasons for the determination. 6.3 The Expert shall reach the determination on the basis of the information received from the Parties and on the basis of the Expert's own expertise. 6.4 Where the determination made by the Expert contains - (a) a clerical mistake; (b) an error arising from an accidental slip or omission; (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter; or (d) a defect of form, the Expert shall correct the determination.

The Determination shall be valid authorization for two (2) years or such other period as the Department may specify. Such determination shall expire if not extended by the Department for good cause shown(105 CMR 100.756)...Within the period of authorization, the holder shall make substantial and continuing progress toward completion; however, no construction may begin until the holder has received final plan approval in writing from the Division of Health Care Quality. If substantial and continuing progress toward completion is not made during the authorization period, the authorization shall be subject to revocation by the Department pursuant to 105 CMR 100.700. Please note that any party wishing to appeal the Department's action stated above must file a claim of appeal with the Health Facilities Appeals Board, Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Administrator, Boston University School of Law, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, within fourteen (14) days of receipt of this Notice. Each Appellant must include a statement that the appeal is not knowingly interposed for delay and must comply with the board's "Rules of Procedure" available upon request from the Board. A copy of any claim of appeal filed with the Board must be served upon this Department through its General Counsel, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. To proceed with licensure of the 82 Level II and 60 Level III beds, please contact, in writing: Heritage Manor Nursing Home -5- Project No. 2-1205 ▇▇▇▇▇▇▇ ▇▇▇▇▇ Department of Public Health Division of Health Care Quality ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ FOR THE PUBLIC HEALTH COUNSEL /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ------------------------ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Secretary to the Council LT/jw cc: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Rate Setting Commission ▇▇▇▇▇▇▇ ▇▇▇▇▇, Division of Health Care Quality ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Department of Elder Affairs ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Department of Public Welfare ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Program Analyst Ahmad Sharbatoghlia, Program Analyst Public File No. 2-1205 Decision Letter File Comparable applicants: Projects #2-1208, 2-1220, 2-1225 MIS Ten Taxpayer Groups [Letterhead of The Commonwealth of Massachusetts] September 20, 1991 ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, President Columbian Long-Term Care Associates ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ AR-3-92 Determination of Need Dear ▇▇. ▇▇▇▇▇▇: This is in response to your inquiry concerning the reimbursement of construction and other costs relating to a new facility which exercises its right to expand by up to twelve...

The Determination. 5.1 Within 7 days of the receipt of the final written submissions under clause 2.4 (or such other period as the Expert and the Participants may agree), the Expert must: (a) determine the Deadlock between the Participants by selecting the final written submission received under clause 2.4 which in the Expert's opinion is most closely aligned with the Alliance Principles; and (b) notify the Participants of that determination. 5.2 The Expert must not, in its determination, impose upon the parties any position other than the position set out in the final written submission which the Expert selects under clause 5.1(a). 5.3 The determination of the Expert must: (a) be in writing stating the Expert's determination and giving reasons; (b) be made on the basis of the submissions (if any) of the Participants (subject to clause 2.7), the view (if any) and the Expert's own expertise; and (c) meet the requirements of the Alliance Agreement. 5.4 Subject to clause 5.5, to the extent permitted by law, the Expert’s determination will be final and binding on the Participants and for the purposes of the Alliance Agreement will treated as a unanimous decision of the ALT in respect of the relevant Material ALT Issue to which the Deadlock relates. 5.5 If the Expert's determination contains a clerical mistake, an error arising from an accidental slip or omission, a material miscalculation of figures, a material mistake in the description of any person, matter or thing, or a defect of form, then the Expert must correct the determination.

The Determination. (a) As soon as possible after receipt of the submissions or after any conference and, in any event not later than 30 days after the Expert's acceptance of appointment, the Expert must: (i) determine the Matter between the Parties; and (ii) notify the Parties of that determination. (b) The determination of the Expert must: (i) be in writing stating the Expert's determination and giving reasons; (ii) be made on the basis of the submissions (if any) of the Parties, the conference (if any) and the Expert's own expertise; and (iii) meet the requirements of the GTA. (c) To the extent permitted by Law, the Expert's determination will be final and binding on the Parties unless a notice of dissatisfaction is given in accordance with clause [25.4(a)] of the GTA.