Procedure for Appointment Sample Clauses
The Procedure for Appointment clause outlines the steps and requirements for selecting and officially designating an individual or entity to a specific role or position under the agreement. Typically, this clause details who has the authority to make the appointment, the process for nominating or approving candidates, and any necessary qualifications or documentation. By establishing a clear and standardized method for appointments, this clause helps prevent disputes and ensures that all parties understand how appointments are to be made, thereby promoting transparency and consistency in the administration of the agreement.
Procedure for Appointment. (a) MCD shall prior to the execution of this Agreement, call for financial bids from at least five (5) Persons, requiring them to quote the annual fee payable to them and thereafter select and take necessary steps to appoint the Person quoting the lowest annual fee to act as Independent Consultant for the Project. MCD shall endeavour to complete the process of appointment of the Independent Consultant within 30 days hereof. The scope of work of the Independent Consultant is set out in Schedule F.
(b) The initial term of the Independent Consultant shall extend upto 3 years, which term may be renewed/extended for a period not exceeding 2 years at a time.
Procedure for Appointment. The Party seeking to resolve the dispute shall file in the court and serve on the other Party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by Applicable Law or as otherwise provided in this Agreement. At any time after service of the complaint, any Party may apply to the court to refer the dispute to a special referee. Thereafter, the Parties shall use their best efforts to agree upon the selection of a special referee. If the Parties are unable to agree upon a referee within ten (10) days after a written request to do so by any Party, then any Party may petition the court in which the action is filed or to the judge to whom the matter has been assigned (the “Judge”) to appoint a special referee, which appointment shall be binding on the Parties. For the guidance of the court or Judge making the appointment of the special referee, the Parties agree that the person so appointed shall be a member of the California Bar experienced in the subject matter of the dispute.
Procedure for Appointment. The procedure for the appointment of the Expert shall be as follows:
(a) The Party initiating Expert Determination shall give written notice to that effect to the other Party and with such notice shall give specific details of the Dispute to be resolved by the Expert.
(b) The Parties shall endeavor to agree on a Person to act as the Expert to whom the Dispute shall be referred for Determination.
(c) If within fourteen (14) Days from the delivery of the notice initiating the Expert Determination, the Parties have failed to agree upon the Expert to be appointed pursuant to Article 19.3.1(b), then the LCIA shall serve as appointing authority to appoint the Expert. Either Party may submit a written application to the LCIA, with a copy to the other Party, detailing the nature of the Dispute and the issues to be determined, setting out any matters the applicant may wish to bring to the attention of the LCIA for the purposes of making the appointment. Within ten (10) Days of the submission of the Application to the LCIA, the other Party shall submit to the LCIA a reply to the Application. Within fourteen (14) Days from the time of the reply to the application, the LCIA shall appoint a person to act as Expert, and in so doing the LCIA may take such independent advice as it thinks fit.
(d) The Expert Determination shall be administered by the LCIA, which shall act as appointing authority and determine any challenges brought to the Expert. The LCIA’s charges shall be in accordance with its schedule of arbitration fees and costs (Schedule of Fees) as in effect at the time the Expert Determination proceeding is initiated.
(e) Prior to his appointment, the Expert shall provide the LCIA with a resumé of his experience, qualifications, and prior and present professional positions; shall agree in writing to a fee rate in accordance with the LCIA Schedule of Costs as then in effect; and shall sign a declaration to the effect that there are no circumstances known to him likely to give rise to any reasonable doubt regarding his independence and impartiality. The expert shall undertake a continuing obligation to disclose to the LCIA and the Parties any circumstances which may give rise to any reasonable doubt regarding his independence and impartiality after his appointment and before the conclusion of the Expert Determination.
(f) If circumstances exist giving rise to justifiable doubts about the Expert’s independence or impartiality, a Party may challenge the appointment or...
Procedure for Appointment. The Authority shall appoint a consulting engineering firm from a panel offirms or bodies corporate, constituted by the Authority substantially in accordance with the selection criteria set forth in Schedule-5, to be the independent consultant under this Agreement (the “Project Engineer”). The appointment shall be made no later than 15 (fifteen) days from the date of this Agreement and shall be for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-5 to be the Project Engineer for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment.
Procedure for Appointment. (a) NHIDCL as per the office order has appointed who is working in the capacity of ………………………………. with as the Independent Engineer for the Project for the Construction Period and its services shall continue until the date of COD.
(b) The scope of work of the Independent Engineer shall include that set out in Schedule 5.
Procedure for Appointment. (a) JTDCL shall within 15 days from the Appointed Date appoint a third party inspector (the “Third Party Inspector”) to monitor the construction work of the Developer and to certify the payment to be made to the Developer in accordance with this Agreement. JTDCL may appoint more third party inspector as per requirement.
(b) The term of the Third Party Inspector shall extend upto one year after the Commercial Operation Date.
Procedure for Appointment. The party seeking to resolve the dispute shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen business days after the date of service, the parties shall apply to the Judicial Arbitration and Mediation Service (“JAMS”) of San Bernardino County to nominate a minimum of five prospective referees. If the parties are unable to approve a referee from the JAMS panel within ten business days after written request to do so by any party, then the parties, starting with City, shall alternate in striking one prospective referee at a time until only one referee remains.
Procedure for Appointment. The procedure for the appointment of an Expert shall be as follows:
58.1.1. the Party wishing to appoint or to refer a matter to an Expert shall give notice to the other Party that it is (in terms of clause 59.3) referring the matter to Expert determination;
58.1.2. the Parties shall meet and endeavour to agree upon a person to be the Expert;
58.1.3. if, within 5 (five) days from the date of the notice under clause 58.1.1 above, the Parties have failed to agree upon an Expert, the matter shall forthwith be referred by the Party wishing the appointment to be made to the President of the South African Association of Consulting Engineers if the dispute is of a technical nature or if of a commercial nature to the Chairman of the South African Institute of Chartered Accountants (each, an "appointer") who shall be requested to make the appointment of the Expert as soon as is reasonably possible but in any event within 5 (five) days and, in so doing, may take such independent advice as he thinks fit;
58.1.4. upon a person being appointed as Expert under the foregoing provisions, the Parties forthwith shall notify such person of his selection and shall request him to confirm within 2 (two) days whether or not he is willing and able to accept the appointment;
58.1.5. if such person is unwilling or unable to accept such appointment, or shall not have confirmed his willingness and ability to accept such appointment within such period of 2 (two) days, then (unless the Parties are able to agree upon the appointment of another Expert) either Party may, in the manner aforesaid, request the appointer to make an appointment or (as the case may be) a further appointment and the process shall be repeated until a person is found who accepts the appointment as Expert.
Procedure for Appointment. (a) EDMC shall nominate a Veterinary Doctor as EDMC’s representative in- charge for overseeing the operations of the complex within 7 days from Appointed Date hereof. The EDMC’s representative may be designated as either the “Plant Manager” or any other suitable designation. The scope of nature of work of the EDMC’s Representative/Plant Manager is set out in Schedule III.
Procedure for Appointment. The Party seeking to resolve the dispute shall file in court and serve on the other Party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. Within not more than fifteen (15) business days after the date of service, the Parties shall apply to JAMS to nominate a minimum of five (5) prospective referees. If the Parties are unable to agree on a referee from the JAMS panel within ten (10) business days after written request to do so by either Party, then the Parties, starting with GreenWaste, shall alternate in striking one (1) prospective referee at a time until only one (1) referee remains.