Common use of Appointment of the Referee Clause in Contracts

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.

Appointment of the Referee. Within one year two years from Execution signing of the DBFM 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 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 two 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 21 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 Project, and with respect to the operation, maintenance and renewal rehabilitation of projects in the Province of Alberta similar to the Schools New Infrastructure in accordance with requirements similar to the M&R O&M 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 the Referee, or Sch 7-2 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.

Appointment of the Referee. Within one year from Execution of the DBFM 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 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 21 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 Project, and with respect to the operation, maintenance and renewal of projects in the Province of Alberta similar to the Schools Infrastructure in accordance with requirements similar to the M&R O&M 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 the 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.

Appointment of the Referee. Within one year As soon as reasonably practical and in any event before the earlier of: the expiry of 21 days from Execution either party giving the other party a written request to do so; and the end of the DBFM AgreementTerm, 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 Project, and with respect to the operation, maintenance and renewal rehabilitation of projects in the Province of Alberta similar to the Schools Infrastructure in accordance with requirements similar to the M&R O&M 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 the 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.

Appointment of the Referee. Within one year two years from Execution signing of the DBFM 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 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 two 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 21 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 Project, and with respect to the operation, maintenance and renewal rehabilitation of projects in the Province of Alberta similar to the Schools New Infrastructure in accordance with requirements similar to the M&R O&M 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 the 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.

Appointment of the Referee. Within one year two years from Execution signing of the DBFM 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 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 two 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 21 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 RequirementsProject. 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, resigns or becomes incapable of fulfilling the role of Referee, dies 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.