Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 20 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 20 day period such arbitrator shall be chosen in accordance with the Arbitration Rules. (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Parties. (c) The Parties agree that, in the event of any arbitration proceeding arising under this Agreement, Peñasquito and Goldcorp shall form a single party, where the context requires, for the purposes of any such proceeding.
Appears in 2 contracts
Sources: Silver Purchase and Share Subscription Agreement (Silver Wheaton Corp.), Silver Purchase and Share Subscription Agreement (Goldcorp Inc)
Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 20 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 20 day period such arbitrator shall be chosen in accordance with the Arbitration Rules.
(b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Parties.
(c) The Parties agree that, in the event of that if any arbitration proceeding proceedings arising under this Agreement, Peñasquito Agreement involve both STB and Goldcorp Primero they shall form be considered a single party, where the context requires, party for the purposes of any such proceedingproceedings and if any arbitration proceedings under this Agreement involve both SWC and SLW they shall be considered a single party for the purposes of any such proceedings.
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Initiation of Arbitration Proceedings. (a) If any either Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the one person it wishes to be the single appointed as a qualified arbitrator. Within 20 10 days after receipt of such notice, the other Party to this Agreement shall give return notice to the first Party advising whether such Party accepts proposing the arbitrator proposed by name of a person it wishes to be appointed as the first Partyqualified arbitrator. If such return notice is not given by the other Party within such 20 10 day period, the other Party it shall be deemed to have accepted the arbitrator person proposed by the first PartyParty as the sole qualified arbitrator. If such return notice is given within such 10 day period proposing another person to be the qualified arbitrator and the Parties do not agree upon a single arbitrator within such 20 day period such are unable to agree, then the sole arbitrator shall be chosen determined in accordance with the Arbitration Rulesprovisions of the Act.
(b) The individual An arbitrator so nominated or selected as Arbitrator (an “Arbitrator”) shall be qualified by education and experience to decide the matter in dispute. The Arbitrator dispute and shall be at arm’s length from both Parties and shall not be officers, directors or employees of either Party or a member of the mining consultant, accounting, audit or legal firm or firms who advise either Party, nor shall the Arbitrator they be a person persons who is are otherwise regularly retained by either of the Parties.
(c) The Parties agree that, in the event of any arbitration proceeding arising under this Agreement, Peñasquito and Goldcorp shall form a single party, where the context requires, for the purposes of any such proceeding.
Appears in 1 contract
Sources: Net Smelter Return Royalty Agreement
Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 20 day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 20 day period such arbitrator shall be chosen in accordance with the Arbitration Rules.
(b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Parties.
(c) The Parties agree that, in the event of any arbitration proceeding arising under this Agreement, Peñasquito and Goldcorp shall form a single party, where the context requires, for the purposes of any such proceeding.
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Initiation of Arbitration Proceedings. (a) If any Party party to this Option Agreement wishes to have any matter under this Agreement a Dispute arbitrated in accordance with the provisions of this Option Agreement, it shall give notice to the other Party party hereto specifying particulars of the matter or matters in dispute Dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 ten (10) days after receipt of such notice, the other Party party to this Option Agreement shall give notice to the first Party party advising whether such Party party accepts the arbitrator proposed by the first Partyparty. If such notice is not given within such 20 ten (10) day period, the other Party party shall be deemed to have accepted the arbitrator proposed by the first Partyparty. If the Parties parties do not agree upon a single arbitrator within such 20 ten (10) day period period, such arbitrator shall be chosen in accordance with the Arbitration RulesAct.
(b) The individual selected as Arbitrator the arbitrator (the “Arbitrator”) shall be qualified by education and experience to decide the matter in disputeDispute. The Arbitrator shall be at arm’s length from both Parties all parties and shall not be a member of the audit or legal firm or firms who advise either Partyany of the parties, nor shall the Arbitrator arbitrator be a person who is otherwise regularly retained by either any of the Partiesparties.
(c) The Parties agree that, in the event of any arbitration proceeding arising under this Agreement, Peñasquito and Goldcorp shall form a single party, where the context requires, for the purposes of any such proceeding.
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Sources: Mineral Property Option Agreement
Initiation of Arbitration Proceedings. (a) If any Party to this Agreement wishes to have any matter under this Agreement arbitrated in accordance with the provisions of this Agreement, it shall give notice to the other Party hereto specifying particulars of the matter or matters in dispute and proposing the name of the person it wishes to be the single arbitrator. Within 20 days after receipt of such notice, the other Party to this Agreement shall give notice to the first Party advising whether such Party accepts the arbitrator proposed by the first Party. If such notice is not given within such 20 20-day period, the other Party shall be deemed to have accepted the arbitrator proposed by the first Party. If the Parties do not agree upon a single arbitrator within such 20 20-day period such arbitrator shall be chosen in accordance with by a judge of the Arbitration RulesCommercial List upon application by either Party and, for such purpose, each of the Parties hereby irrevocably attorns to the non-exclusive jurisdiction of the Commercial List.
(b) The individual selected as Arbitrator arbitrator (the “Arbitrator”) shall be qualified by education and experience to decide the matter in dispute. The Arbitrator shall be at arm’s length from both Parties and shall not be a member of the audit or legal firm or firms who advise either Party, nor shall the Arbitrator be a person who is otherwise regularly retained by either of the Parties.
(c) The Parties agree that, in the event of any arbitration proceeding arising under this Agreement, Peñasquito and Goldcorp shall form a single party, where the context requires, for the purposes of any such proceeding.
Appears in 1 contract
Sources: Precious Metals Purchase and Sale Agreement (Royal Gold Inc)