Common use of Commencement of Arbitration Clause in Contracts

Commencement of Arbitration. If the Parties and, at the Sponsor’s option, all Other Participants required by the Sponsor to participate, have been unable to reach agreement as contemplated in Sections 1.6 and 1.7, as applicable, then the Sponsor shall commence arbitration by delivering a written notice (the “Request”) to the Participant and such Other Participants required by the Sponsor to participate (collectively the “Arbitration Participants”). If the Sponsor has not already done so, the Sponsor shall then deliver to the Arbitration Participants the names of all Arbitration Participants. Within twenty (20) Business Days of the delivery of the Request, the Sponsor shall deliver to the Arbitration Participants a written notice nominating an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. Within twenty (20) Business Days of the receipt of the Sponsor’s notice nominating its arbitrator, the Arbitration Participants shall by written notice to the Sponsor nominate an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. The two arbitrators nominated shall then select a chair person of the arbitration panel (the “Arbitration Panel”) who shall be a former judge of a Superior Court or appellate court in Canada.

Commencement of Arbitration. If the Parties and, at the Sponsor’s option, all Other Participants Suppliers required by the Sponsor to participate, have been unable to reach agreement as contemplated in Sections 1.6 1.7, 2.8 and 1.712.2 of this Agreement, as applicable, then the Sponsor shall commence arbitration by delivering a written notice (the “Request”) to the Participant Supplier and such Other Participants Suppliers required by the Sponsor to participate (collectively the “Arbitration ParticipantsSuppliers”). If the Sponsor has not already done so, the Sponsor shall then deliver to the Arbitration Participants Suppliers the names of all Arbitration Participantssuch Other Suppliers. Within twenty (20) Business Days 20 days of the delivery of the Request, the Sponsor shall deliver to the Arbitration Participants Suppliers a written notice nominating an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. Within twenty (20) Business Days 20 days of the receipt of the Sponsor’s notice nominating its arbitrator, the Arbitration Participants Suppliers shall by written notice to the Sponsor nominate an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. The two arbitrators nominated shall then select a chair person of the arbitration panel (the “Arbitration Panel”) who shall be a former judge of a Superior Court or appellate court in Canada.

Commencement of Arbitration. If the Parties and, at the SponsorBuyer’s option, all Other Participants Suppliers required by the Sponsor Buyer to participate, have been unable to reach agreement as contemplated in Sections 1.6 and 1.7Section 1.7 of this Agreement, as applicable, then the Sponsor Buyer shall commence arbitration by delivering a written notice (the “Request”) to the Participant Supplier and such Other Participants Suppliers required by the Sponsor Buyer to participate (collectively the “Arbitration ParticipantsSuppliers”). If the Sponsor Buyer has not already done so, the Sponsor Buyer shall then deliver to the Arbitration Participants Suppliers the names of all Arbitration Participantssuch Other Suppliers. Within twenty (20) Business Days days of the delivery of the Request, the Sponsor Buyer shall deliver to the Arbitration Participants Suppliers a written notice nominating an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. Within twenty (20) Business Days days of the receipt of the SponsorBuyer’s notice nominating its arbitrator, the Arbitration Participants Suppliers shall by written notice to the Sponsor Buyer nominate an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. The two (2) arbitrators nominated shall then select a chair person chairperson of the arbitration panel (the “Arbitration Panel”) who shall be a former judge of a Superior Court or appellate court in Canada.

Commencement of Arbitration. If the Parties and, at the [Sponsor’s ’s] option, all Other Participants required by the Sponsor [Sponsor] to participate, have been unable to reach agreement as contemplated in Sections 1.6 and 1.7, as applicable, then the Sponsor [Sponsor] shall commence arbitration by delivering a written notice (the “Request”) to the Participant and such Other Participants required by the Sponsor [Sponsor] to participate (collectively the “Arbitration Participants”). If the Sponsor [Sponsor] has not already done so, the Sponsor [Sponsor] shall then deliver to the Arbitration Participants the names of all Arbitration Participants. Within twenty (20) Business Days of the delivery of the Request, the Sponsor [Sponsor] shall deliver to the Arbitration Participants a written notice nominating an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. Within twenty (20) Business Days of the receipt of the [Sponsor’s ’s] notice nominating its arbitrator, the Arbitration Participants shall by written notice to the Sponsor [Sponsor] nominate an arbitrator who shall be familiar with commercial law matters and has no financial or personal interest in the business affairs of any of the parties. The two arbitrators nominated shall then select a chair person of the arbitration panel (the “Arbitration Panel”) who shall be a former judge of a Superior Court or appellate court in Canada.