Process for BPA, COU Parties, and IOUs to Select Sample Clauses

Process for BPA, COU Parties, and IOUs to Select a Panel of Three Arbitrators Within not more than 45 days following the date on which BPA delivers or issues the Dispute Notices pursuant to section 9.2.2 of the Settlement Agreement, each of the Nominating Participants (as defined below) will submit to the other Nominating Participants a list of the names, together with a brief description of the qualifications, of five individuals, with experience with electric utility contracts, whom such Nominating Participant proposes as potential arbitrators for a dispute within the scope of section 9 of the Settlement Agreement. The Nominating Participants will then draw straws to determine the order in which the Nominating Participants will strike names from each others’ lists of proposed arbitrators. The Nominating Participant entitled to take the first turn will then strike one name from one of the other Nominating Participant’s list of proposed arbitrators. The Nominating Participant entitled to take the second turn will then do likewise, and the Nominating Participant entitled to take the third turn will then also do likewise. The Nominating Participant entitled to take the first turn will then strike another name from one of the other Nominating Participant’s list of proposed arbitrators, and the process of striking names in this manner will continue until only one name remains on each of the Nominating Participant’s lists. The three individuals whose names remain on such lists will serve as Arbitrator for the dispute. Unless another period is agreed to by the Nominating Participants, any Nominating Participant that fails to provide its list of names within 45 days will forfeit its right to submit such a list, and the arbitrators will be chosen from the remaining list(s) as provided in this section 4.1 and in section 4.2 below. In such event, the Nominating Participants may strike names from their own lists of proposed arbitrators, if they so choose. As used in section 4.1 (and section 11.2, if applicable) of this Exhibit E, the term “Nominating Participant” means
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