Arbiter Sample Clauses

Arbiter. Any dispute arising between the Tenant and the Landlord in relation to repairs in terms of Clause SIXTH shall be referred for resolution in the first instance to the Tenant’s Director of Corporate and Housing Services or the appointed officer of the same. If the said Director or appointed officer as the case may be cannot resolve the dispute, it may be referred for resolution to an independent surveyor or other expert appointed by the Tenant. Where the independent surveyor or expert is unable to resolve the dispute, either party may refer the dispute for resolution to an Arbiter to be agreed upon by the parties and failing agreement between the parties as to who the Arbiter should be, to be chosen by the Sheriff Principal of Tayside, Central and Fife. Any dispute between the Tenant and the Landlord which does not relate to repairs shall be dealt with in accordance with the Tenant’s Corporate Complaints Procedure.
Arbiter in article 7.8.2 include CA, DCA and Arbiter respectively where relevant.
Arbiter. The matters in dispute shall be determined by a nationally recognized independent public accounting firm mutually satisfactory to Parent and the Seller (which accounting firm shall not be the current or former auditors of either Parent or the Seller) (the “Arbiter”), and Parent and the Seller shall promptly deliver to the Arbiter Schedule 4.1, the Draft Adjustment Report and Seller’s Objection Notice. Promptly, but not later than 30 days after the acceptance of its appointment, the Arbiter shall determine (based solely on the information provided by the Seller and Parent to the Arbiter and not by independent review) only those items in dispute and shall render a report as to its resolution of such items and the resulting calculation of the Net Asset Adjustment. For purposes of the Arbiter’s determination, the amounts to be included shall be the appropriate amounts from Schedule 4.1 or the Draft Adjustment Report, as the case may be, as to items that are not in dispute, and the amounts determined by the Arbiter, as to items that are submitted for resolution by the Arbiter. In resolving any disputed item, the Arbiter may not assign a value to such item greater than the greatest value for such item claimed by either party in Schedule 4.1, the Draft Adjustment Report or Objection Notice or less than the lowest value for such item claimed by either party in Schedule 4.1, the Draft Adjustment Report or Objection Notice. Parent and the Seller shall cooperate with the Arbiter in making its determination and such determination shall be conclusive and binding upon Parent and the Seller. Parent and the Seller shall each bear one-half of the fees and expenses of the Arbiter.
Arbiter. If the determination of the Article 2 Arbiter shall substantially confirm the determination of Tenant (or otherwise be in favor of Tenant), then Landlord shall pay the cost of the Article 2 Arbiter. In all other events, the cost of the Article 2 Arbiter shall be borne equally by Landlord and Tenant. In the event that Landlord and Tenant shall be unable to agree upon the designation of the Article 2 Arbiter within thirty (30) days after receipt of notice from the other party requesting agreement as to the designation of the Article 2 Arbiter, which notice shall contain the names and addresses of two or more Article 2 Arbiters who are acceptable to the party sending such notice (any one of whom, if acceptable to the party receiving such notice as shall be evidenced by notice given by the receiving party to the other party within such thirty (30) day period, shall be the agreed upon Article 2 Arbiter), then either party shall have the right to request JAMS, or if such organization fails to act in accordance herewith or no longer exists, then the AAA (or any organization which is the successor thereto), to designate the Article 2 Arbiter whose determination made in accordance with this Section 2.02(h) shall be conclusive and binding upon the parties, and the cost of such Article 2 Arbiter designated by the JAMS or the AAA (or any organization which is the successor thereto), shall be borne as hereinbefore provided in the case of the Article 2 Arbiter designated by Landlord and Tenant. In rendering a determination hereunder, such Article 2 Arbiter shall not add to, subtract from or otherwise modify the provisions of this Lease.
Arbiter. R1-1.17.1 The Licence Holder is required to etsablish, implement and maintain effective and transparent procedures for the reasonable and prompt handling of each complaint received from clients, and to keep a record of each complaint and the measures taken for its resolution. The Licence Holder is aolsrequired to inform eligible complainants in writing that they may refer their complaint to the Office of the Arbiter for Financial Services as established by the Arbiter for Financial Services Act, if they are not satisfied with the manner in which it hsabeen handled by the Licence Holder. R1-1.17.2 Where a complaint has been lodged with the Arbiter for Financial Services and the case duly decided, the Licence Holder shall immediately provide the Authority withHolder shall also notify the Authority immediately in the event that an appeal from the decision of the arbiter is lodged by the complainant or by the Licence Holder itself, in terms of the Arbiter for Financial Services Act, and once such appeal has beednecided, of the final decision of the Court.

Related to Arbiter

  • Arbitration Panel The arbitration panel shall consist of three arbitrators. The arbitrators must be impartial and must be or must have been officers of life insurance and or securities companies other than the parties or their affiliates.

  • Arbitrators The arbitration shall be heard and determined by one arbitrator, who shall be impartial and who shall be selected by mutual agreement of the parties; provided, however, that if the dispute involves more than $2,000,000, then the arbitration shall be heard and determined by three (3) arbitrators. If three (3) arbitrators are necessary as provided above, then (i) each side shall appoint an arbitrator of its choice within thirty (30) days of the submission of a notice of arbitration and (ii) the party-appointed arbitrators shall in turn appoint a presiding arbitrator of the tribunal within thirty (30) days following the appointment of the last party-appointed arbitrator. If (x) the parties cannot agree on the sole arbitrator, (y) one party refuses to appoint its party-appointed arbitrator within said thirty (30) day period or (z) the party-appointed arbitrators cannot reach agreement on a presiding arbitrator of the tribunal, then the appointing authority for the implementation of such procedure shall be the Senior United States District Judge for the Northern District of Texas, who shall appoint an independent arbitrator who does not have any financial interest in the dispute, controversy or claim. If the Senior United States District Judge for the Northern District of Texas refuses or fails to act as the appointing authority within ninety (90) days after being requested to do so, then the appointing authority shall be the Chief Executive Officer of the American Arbitration Association, who shall appoint an independent arbitrator who does not have any financial interest in the dispute, controversy or claim. All decisions and awards by the arbitration tribunal shall be made by majority vote.

  • Mediation In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:

  • Expert The term “

  • Panel Listing and number of Members that Network Providers have agreed to provide services for in accordance with this Contract.

  • Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.