Final and Binding definition
Final and Binding means, with respect to any calculation or determination, that such calculation or determination shall have the same preclusive effect for all purposes as if such calculation or determination had been embodied in a final judgment, no longer subject to appeal, entered by a court of competent jurisdiction.
Final and Binding means that the aforesaid determinations shall have the same preclusive effect for all purposes as if such determinations had been embodied in a final judgment, no longer subject to appeal, entered by a court of competent jurisdiction. The arbitration panel shall render its award in writing, setting forth the facts underlying, and the reasons for determining, such award. Judgment upon the award may be entered in any court having jurisdiction, pursuant to the Federal Arbitration Act. The non-prevailing party shall reimburse the prevailing party for (i)the fees and expenses of the arbitrators, (ii)the fees and expenses of the umpire, and (iii)the other reasonable expenses of the arbitration, unless (with respect to the foregoing clauses (i) to (iii) the arbitration panel determines that the non-prevailing party had reasonable good faith grounds for asserting its position in such arbitration proceeding, in which case the fees shall be allocated as determined by the arbitrators. In the event that either party to this Agreement refuses to submit to arbitration as required by this Section 14.01, the other party may request the court specified in Section 15.08 to compel arbitration in accordance with the Federal Arbitration Act.
Final and Binding shall have the meaning set forth in Section 14.01(e).
Examples of Final and Binding in a sentence
If Buyer and Seller are not able to resolve their differences during such thirty (30) day period, then at the end of such period, Buyer and Seller shall promptly mutually engage and submit for Final and Binding resolution any and all matters related to such Post-Closing Notice of Disagreement that remain in dispute to a mutually agreeable independent accounting firm of recognized national standing with expertise on the matters in dispute (the “Accounting Firm”).
If Buyer does not receive a Post-Closing Notice of Disagreement from Seller within such thirty (30) day period, then the amounts set forth in the Closing Statement shall become Final and Binding.
The Closing Statement shall become Final and Binding on the Final Resolution Date.
Absent manifest error, in which case the dispute resolution provisions set forth in Section 13.3 shall apply, the written report prepared by the Accounting Firm shall be Final and Binding and judgment upon the determination set forth in such written report may be entered in any court of competent jurisdiction of the United States.
More Definitions of Final and Binding
Final and Binding shall have the meaning set forth in Section 2.03(d) hereof.
Final and Binding means that the applicable determination shall have the same preclusive effect for all purposes as a determination embodied in a final judgment, no longer subject to appeal and entered by a Court of competent jurisdiction after full and fair litigation on the merits.
Final and Binding means that the aforesaid determinations and the determinations, if any, made by the Stock Transaction Consultant pursuant to Section 1.05(f) shall have the same preclusive effect for all purposes as if such determinations had been embodied in a final judgment, no longer subject to appeal, entered by a court of competent jurisdiction, and either party may petition a court having jurisdiction over the parties and subject matter to reduce such decision to judgment. The fees, costs and expenses of retaining the Reinsurance Transaction Consultant shall be allocated by the Reinsurance Transaction Consultant between Lincoln Life, LAL and Lincoln Barbados, on the one hand, and Purchaser, on the other hand, in accordance with the Reinsurance Transaction Consultant’s judgment as to the relative merits of the parties’ proposals in respect of the disputed items. Following the resolution of all disputed items (or, if there is no dispute, promptly after the parties reach agreement on the Final Closing Statements), Purchaser shall prepare the Final Closing Statements and shall deliver copies thereof to Lincoln Life, LAL and Lincoln Barbados.
Final and Binding means with respect to any decision, guidance, recommendation or other issuance from any court, tribunal, public authority or other Governmental Entity that the respective decision, guidance, recommendation or other issuance is Non-Appealable, its legal force may only be suspended (Durchbrechung der Rechtskraft) in accordance with section 68 paragraph 2, 3 or 4 of the Austrian General Administrative Procedure Act 1991 (Allgemeines Verwaltungsverfahrensgesetz 1991) or sections 293 to 310 of the Austrian Federal Fiscal Code (Bundesabgabenordnung), as the case may be, but for no other reason, and, where applicable, that the rights of all parties, which should have been involved in the administrative proceedings leading to the respective decision, guidance, recommendation or other issuance according to the applicable administrative provisions, have not been ignored (Nichtvorliegen übergangener Parteien).
Final and Binding as used in this section shall mean that the grievant and the District shall comply with the decision of the Board unless a court of competent jurisdiction directs otherwise.
Final and Binding has the meaning set forth in Section 1.04(k).
Final and Binding means a decision or determination which (i) is not subject to any judicial review or appeal whatsoever, other than by writ of certiorari or its equivalent, to determine if the decision or determination was arbitrary or capricious or in violation of Law, and (ii) shall be presumed correct in any action or proceeding.