Pension Referee Sample Clauses

Pension Referee. If a notice is delivered pursuant to Paragraph 11.3(c)(viii), the Purchaser and the Vendor, during the 15 days following delivery of such notice, shall use their best efforts to reach agreement on the disputed items or amounts in order to determine the applicable Transfer Amount(s). If during such period, the Purchaser and the Vendor are unable to reach such agreement, they shall promptly thereafter cause Towers Perrxx (Xxronto Office), or such other internationally recognized actuarial consulting firm as may be agreed to by the Purchaser and the Vendor (the "Pension Referee"), promptly to review all information and data which was available to the Vendor's Actuary, for the purpose of calculating the applicable Transfer Amount(s). There shall only be one Pension Referee appointed to review all disputed items or amounts pursuant to this Paragraph 11.3(c)(ix). In making such calculation, the Pension Referee shall apply the applicable actuarial valuation assumptions, actuarial methodology and other assumptions set out in Paragraph 11.3(b)(v). The Pension Referee shall deliver to the Purchaser and the Vendor, as promptly as practicable, a written report setting forth such calculation. Such report shall be final and binding upon the Vendor and the Purchaser. The cost of such review and report shall be borne equally by the Purchaser and the Vendor.
Sample 1
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Related to Pension Referee

  • Section References All section references, unless otherwise indicated, shall be to Sections in this Agreement.

  • Monetary References Whenever any amounts of money are referred to herein, such amounts shall be deemed to be in lawful money of Canada unless otherwise expressed.

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  • Section References and Schedules Any reference to a particular “Article”, “section”, “paragraph”, “clause” or other subdivision is to the particular Article, section, clause or other subdivision of this Agreement and any reference to a Schedule by letter will mean the appropriate Schedule attached to this Agreement and by such reference the appropriate Schedule is incorporated into and made part of this Agreement.

  • General References All references in this Supplemental Indenture to Articles and Sections, unless otherwise specified, refer to the corresponding Articles and Sections of this Supplemental Indenture; and the term “herein”, “hereof”, “hereunder” and any other word of similar import refers to this Supplemental Indenture.

  • Captions; Section References Section titles or captions contained in this Agreement are inserted only as a matter of convenience and reference, and in no way define, limit, extend or describe the scope of this Agreement, or the intent of any provision hereof. All references herein to Sections shall refer to Sections of this Agreement unless the context clearly requires otherwise.

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  • Payment Disputes In the event of any dispute with respect to any payment hereunder, Producer shall make timely payment of all undisputed amounts, and Gatherer and Producer will use good faith efforts to resolve the disputed amounts within 60 Days following the original due date. Any amounts subsequently resolved shall be due and payable within ten Days of such resolution.

  • Arbitration of All Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago, Illinois, in accordance with the laws of the State of Illinois, by three arbitrators appointed by the parties. If the parties cannot agree on the appointment of the arbitrators, one shall be appointed by the Company and one by the Executive and the third shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the Chief Judge of the United States Court of Appeals for the Seventh Circuit. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 12. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcement of his rights under this Agreement, the Company shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) his reasonable attorneys' fees and costs and expenses in connection with enforcement of his rights (including the enforcement of any arbitration award in court). Payments shall be made to the Executive at the time such fees, costs and expenses are incurred. If, however, the arbitrators shall determine that, under the circumstances, payment by the Company of all or a part of any such fees and costs and expenses would be unjust, the Executive shall repay such amounts to the Company in accordance with the order of the arbitrators. Any award of the arbitrators shall include interest at a rate or rates considered just under the circumstances by the arbitrators.

  • Article and Section References All article and section references used in this Agreement, unless otherwise provided, are to articles and sections in this Agreement.

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