Common use of Appointment of Arbitrators Clause in Contracts

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party initiating arbitration (the "Claimant") shall appoint its arbitrator in its request for arbitration (the "Request"). The other Party (the "Respondent") shall appoint its arbitrator within thirty (30) days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties shall appoint a third (3rd) arbitrator within thirty (30) days after the Respondent has notified Claimant of the appointment of the Respondent's arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Party-appointed arbitrators shall promptly notify the Parties of the appointment. If the two (2) arbitrators appointed by the Parties fail to appoint a third (3rd) arbitrator and so to notify the Parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Compost America Holding Co Inc), Earnout Agreement (Synagro Technologies Inc), Stock Purchase Agreement (Compost America Holding Co Inc)

AutoNDA by SimpleDocs

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party party initiating arbitration (the "Claimant") shall appoint its arbitrator in its request for arbitration (the "Request"). The other Party party (the "Respondent") shall appoint its arbitrator within thirty (30) days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties parties shall appoint a third (3rd) arbitrator within thirty (30) days after the Respondent has notified Claimant of the appointment of the Respondent's arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Partyparty-appointed arbitrators shall promptly notify the Parties parties of the appointment. If the two (2) arbitrators appointed by the Parties parties fail to appoint a third (3rd) arbitrator and or so to notify the Parties parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Equity Corp International), Agreement and Plan of Merger (Synagro Technologies Inc), Agreement and Plan of Merger (American Physicians Service Group Inc)

Appointment of Arbitrators. The members of the arbitration panel shall be conducted by three chosen from disinterested persons with at least ten (310) arbitratorsyears’ experience in the insurance and reinsurance business. The Party initiating party requesting arbitration (hereinafter referred to as the "Claimant"“claimant”) shall appoint an arbitrator and give written notice thereof by certified mail, to the other party (hereinafter referred to as the “respondent”) together with its arbitrator in its request for arbitration (the "Request")notice of intention to arbitrate. The other Party (the "Respondent") shall appoint its arbitrator within Within thirty (30) days after receipt of receiving such notice, unless a single arbitrator is agreed upon in accordance with Section 12.2(b), the Request and respondent shall notify the Claimant of such appointment in writing. If the Respondent fails to also appoint an arbitrator within such thirty (30) day period, and notify the claimant thereof by certified mail. The parties agree that the arbitrator named in appointed by the Request shall decide the controversy or claim as sole arbitratorparties need not be neutral. OtherwiseBefore instituting a hearing, the two arbitrators so appointed shall choose an umpire. If, within twenty (2) arbitrators appointed by the Parties shall appoint a third (3rd) arbitrator within thirty (3020) days after the Respondent has notified Claimant appointment of the arbitrator chosen by the respondent, the two arbitrators fail to agree upon the appointment of an umpire, each of them shall nominate three individuals to serve as umpire, of whom the Respondent's arbitratorother shall decline two and the umpire shall be chosen from the remaining two by drawing lots. When the third (3rd) arbitrator has accepted the appointment, the two (2) Party-appointed arbitrators shall promptly notify the Parties The name of the appointment. If the two (2) arbitrators appointed by the Parties fail to appoint a third (3rd) arbitrator and so to notify the Parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator individual first drawn shall be made by the American Arbitration Association, which shall promptly notify the Parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panelumpire.

Appears in 2 contracts

Samples: Quota Share Retrocession Agreement (Insurance Income Strategies Ltd.), Quota Share Retrocession Agreement (Insurance Income Strategies Ltd.)

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party party initiating arbitration (the "ClaimantCLAIMANT") shall appoint its arbitrator in its request for arbitration (the "RequestREQUEST"). The other Party party (the "RespondentRESPONDENT") shall appoint its arbitrator within thirty (30) days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties parties shall appoint a third (3rd) arbitrator within thirty (30) days after the Respondent has notified Claimant of the appointment of the Respondent's arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Partyparty-appointed arbitrators shall promptly notify the Parties parties of the appointment. If the two (2) arbitrators appointed by the Parties parties fail to appoint a third (3rd) arbitrator and or so to notify the Parties parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Synagro Technologies Inc), Agreement and Plan of Merger (Synagro Technologies Inc)

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party initiating arbitration (the "Claimant") shall appoint its arbitrator in its request for arbitration (the "Request"). The other Party (the "Respondent") shall appoint its arbitrator within thirty (30) days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties shall appoint a third (3rd) arbitrator within thirty (30) days after the Respondent has notified Claimant of the appointment of the Respondent's arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Party-appointed arbitrators shall promptly notify the Parties of the appointment. If the two (2) arbitrators appointed by the Parties parties fail to appoint a third (3rd) arbitrator and or so to notify the Parties within the time period prescribed above, then the appointment of the third (3rd) EXHIBIT 2.1 ----------- 38 43 arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 1 contract

Samples: Asset Purchase Agreement (Synagro Technologies Inc)

AutoNDA by SimpleDocs

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party initiating arbitration (the "Claimant") shall appoint its arbitrator in its request for arbitration (the "Request"). The other Party (the "Respondent") shall appoint its arbitrator within thirty (30) days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties shall appoint a third (3rd) arbitrator within thirty (30) days after the Respondent has notified Claimant of the appointment of the Respondent's arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Party-appointed arbitrators shall promptly notify the Parties of the appointment. If the two (2) arbitrators appointed by the Parties fail to appoint a third (3rd) arbitrator and or so to notify the Parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 1 contract

Samples: Stock Purchase Agreement (Synagro Technologies Inc)

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party initiating arbitration (the "Claimant") shall appoint its arbitrator in its request for arbitration (the "Request"). The other Party (the "Respondent") shall appoint its arbitrator within thirty (30) days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties shall appoint a third (3rd) arbitrator within thirty (30) days after the Respondent has notified Claimant of the appointment of the Respondent's ’s arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Party-appointed arbitrators shall promptly notify the Parties of the appointment. If the two (2) arbitrators appointed by the Parties fail to appoint a third (3rd) arbitrator and or so to notify the Parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cotelligent Inc)

Appointment of Arbitrators. The arbitration shall be conducted by three (3) arbitrators. The Party initiating arbitration (the "Claimant") shall appoint its arbitrator in its request for arbitration (the "Request"). The other Party (the "Respondent") shall appoint its arbitrator within thirty (30) 30 days after receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) -day period, the arbitrator named in the Request shall decide the controversy or claim as sole arbitrator. Otherwise, the two (2) arbitrators appointed by the Parties shall appoint a third (3rd) arbitrator within thirty (30) 30 days after the Respondent has notified Claimant of the appointment of the Respondent's arbitrator. When the third (3rd) arbitrator has accepted the appointment, the two (2) Party-appointed arbitrators shall promptly notify the Parties of the appointment. If the two (2) arbitrators appointed by the Parties fail to appoint a third (3rd) arbitrator and or so to notify the Parties within the time period prescribed above, then the appointment of the third (3rd) arbitrator shall be made by the American Arbitration Association, which shall promptly notify the Parties of the appointment. The third (3rd) arbitrator shall act as Chair of the panel.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Synagro Technologies Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.