Common use of Initiation of Arbitration Proceedings Clause in Contracts

Initiation of Arbitration Proceedings. (a) If any Party to this Funding Agreement wishes to have any matter under the Funding Agreement arbitrated in accordance with the provisions of this Funding Agreement, it shall give notice to the other Party specifying particulars of the matter or matters in dispute and proposing the name of the individual it wishes to be the single arbitrator. Within 15 days after receipt of such notice, the other Party 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 15 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 15 day period, either Party may apply to a judge of the Ontario Court General Division under the Arbitration Act, as amended or substituted for from time to time, for appointment of a single arbitrator (the “Arbitrator”). (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute and shall be at arm’s length from both Parties.

Appears in 2 contracts

Sources: Funding Agreement, Funding Agreement

Initiation of Arbitration Proceedings. (a) If any either Party to this Funding Agreement wishes to have any matter under the Funding this Agreement arbitrated in accordance with the provisions of this Funding 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 individual person it wishes to be the single arbitrator. Within 15 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 15 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 15 20-day periodperiod such arbitrator shall be chosen by ADR ▇▇▇▇▇▇▇▇ Inc, Toronto, Ontario at the written request of either Party may apply to a judge of the Ontario Court General Division under the Arbitration Act, as amended or substituted for from time to time, for appointment of a single arbitrator (the “Arbitrator”)Party. (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute and 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 or a person who is otherwise regularly retained by either of the Parties.

Appears in 1 contract

Sources: Purchase and Sale Agreement (FRANCO NEVADA Corp)

Initiation of Arbitration Proceedings. (a) If any either Party to this Funding Agreement wishes to have any matter under the Funding this Agreement arbitrated in accordance with the provisions of this Funding 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 individual person it wishes to be the single arbitrator. Within 15 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 15 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 15 20 day periodperiod such arbitrator shall be chosen by ADR ▇▇▇▇▇▇▇▇ Inc., Toronto, Ontario at the written request of either Party may apply to a judge of the Ontario Court General Division under the Arbitration Act, as amended or substituted for from time to time, for appointment of a single arbitrator (the “Arbitrator”)Party. (b) The individual selected as Arbitrator shall be qualified by education and experience to decide the matter in dispute and 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 or a person who is otherwise regularly retained by either of the Parties.

Appears in 1 contract

Sources: Gold Purchase and Sale Agreement