Appointment of the Referee Sample Clauses

The 'Appointment of the Referee' clause establishes the process by which a neutral third party, known as the referee, is selected to resolve disputes or make determinations under the contract. Typically, this clause outlines who has the authority to appoint the referee, the qualifications required, and the steps to follow if the parties cannot agree on a candidate. By providing a clear mechanism for appointing a referee, the clause ensures that disputes can be addressed efficiently and impartially, reducing delays and uncertainty in conflict resolution.
Appointment of the Referee. (1) The Court will appoint the Referee with the powers, duties and responsibilities set out in the Agreement and the Plan of Allocation. (2) The fees, disbursements and taxes of the Referee will be fixed by the Court and shall not exceed $25,000, exclusive of disbursements and HST. When directed by the Court, the Administrator will pay the Referee from the Escrow Settlement Amount.
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Appointment of the Referee. Within one year from Execution of the DBFM Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Referee to whom resolution of Disputes (other than Disputes that fall within the mandate of the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure)) may be referred for immediate interim resolution. Notwithstanding the one year deadline in the foregoing sentence, either party can shorten such deadline on written notice to the other party to a date that is at least 15 Business Days after delivery of such written notice. In the event that the parties cannot agree upon an acceptable person as the Referee within the time period provided, the Referee shall be determined by arbitration pursuant to Section 2.5. The person appointed as Referee must be impartial as between the parties, independent of the Province and the Contractor and qualified and experienced with respect to the design and construction of projects in the Province of Alberta similar to the Project and with respect to the maintenance and renewal of projects in the Province of Alberta similar to the Schools in accordance with requirements similar to the M&R Requirements. The appointment of the Referee will be deemed to be a joint appointment and will be irrevocable by each party without the consent of the other. The appointment of the Referee will continue until the end of the Term unless otherwise agreed to by the parties. If the Referee resigns, dies, or becomes incapable of fulfilling the role of Referee, or the parties’ agreement with the Referee expires or is terminated before the end of the Term, the parties shall immediately appoint a replacement. The fees and expenses of the Referee shall be set by the terms of the agreement between the parties and the Referee. The Referee's fees, disbursements and other costs, as agreed between the parties and the Referee, will be shared equally by the Province and the Contractor. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Referee.
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Appointment of the Referee. (1) The Courts will appoint the Referee with the powers, duties and responsibilities set out in the Agreement and the Plan of Allocation. (2) The fees, disbursements and taxes of the Referee will be fixed by the Ontario Court and shall not exceed $25,000, exclusive of disbursements and HST. When directed by the Ontario Court, the Administrator will pay the Referee from the Escrow Settlement Amount.
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Appointment of the Referee. Within 10 days from signing of the DBFO Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Referee to whom interpretations of the Project Requirements in relation to design or construction may be referred for immediate interim resolution. In the event that the parties cannot agree upon an acceptable person as the Referee within the time period provided, either party may request in writing that the Alberta Arbitration and Mediation Society name and appoint the Referee. The person appointed must be independent of the Province and the Contractor and qualified and experienced with respect to the design and construction of projects in the Province of Alberta similar to the Project. The appointment of the Referee will be deemed to be a joint appointment and will be irrevocable by either party without the consent of the other. The appointment of the Referee will continue until the completion of the Project. If the Referee resigns or dies before the completion of the Project, the parties shall immediately appoint a replacement. The fees and expenses of the Referee shall be set by the terms of the agreement between the parties and the Referee. The Referee's fees, disbursements and other costs, as agreed between the parties and the Referee, will be shared equally by the Province and the Contractor. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Referee.
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Appointment of the Referee. Within one year from Execution of the DBFM Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Referee to whom resolution of Disputes (other than Disputes that fall within the mandate of the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure)) may be referred for immediate interim resolution. Notwithstanding the one year deadline in the foregoing sentence, either party can shorten such deadline on written notice to the other party to a date that is at least 15 Business Days after delivery of such written notice. In the event that the parties cannot agree upon an acceptable person as the Referee within the time period provided, the Referee shall be determined by a Court pursuant to Section
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Related to Appointment of the Referee

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

  • Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇

  • Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H. 2. The following rules shall govern the appointment of the members of an arbitration panel: (a) The arbitration panel shall consist of three individual members with expertise or experience in international tax matters. (b) Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 24A (Mandatory Binding Arbitration). The two panel members so appointed shall, within 60 days of the latter of their appointments, appoint a third member who shall serve as Chair of the arbitration panel. The Chair shall not be a national or resident of either Contracting State. (c) Each member appointed to the arbitration panel must be impartial and independent of the competent authorities, tax administrations, and ministries of finance of the Contracting States and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting State fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State.

  • Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.