TECHNICAL ARBITRATION Sample Clauses

TECHNICAL ARBITRATION. If any dispute or difference of a technical nature shall arise at any time during or on completion of the Order, which is incapable of resolution between the parties, this shall be referred to an independent expert to be appointed by agreement between the parties, or in default of agreement by the President for the time being of the Law Society of England and Wales.

TECHNICAL ARBITRATION. 15.01 This Article shall apply only to those disputes which specifically provide for resolution using Technical Arbitration. All other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise by the Parties. 15.02 The Party with the dispute shall provide the other Party with notice in accordance with Article 25. 15.03 Within fifteen (15) days of the notification of the dispute, the Parties shall select a Technical Arbitrator to resolve the dispute. The Technical Arbitrator may be either an Actuary or a Securities Firm that is unaffiliated with the Parties and is disinterested in the outcome of the dispute. 15.04 If the Parties cannot agree on the appointment of a Technical Arbitrator within fifteen (15) days following notification of the dispute, each Party shall nominate three qualified candidates. Within ten (10) Business Days thereafter, each Party shall decline two of the candidates from the other Party's nominations, and the Technical Arbitrator shall be chosen from the remaining two candidates by drawing lots. 15.05 Within thirty (30) days of the appointment of the Technical Arbitrator, each Party shall submit to the Technical Arbitrator its proposed remedy for the dispute, together with any supporting materials. Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page> 15.06 Within thirty (30) days of the submission of the proposed remedies, the Technical Arbitrator shall issue a written decision on which of the proposed remedies he/ she/it determines best represents the Agreement and the intent of the Parties thereto. The Technical Arbitrator shall be limited to selecting one or the other remedy so submitted. The decision will be final and binding on both the Reinsurer and the Ceding Company and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. 15.07 Each Party shall bear its own costs and expenses incurred by it in the preparation and presentation of its proposed remedy. The Party whose remedy is not selected shall bear the cost of the Technical Arbitrator.

TECHNICAL ARBITRATION. Any engineering or technical dispute arising under or related to this Agreement shall be exclusively and finally settled in accordance with the Construction Industry Arbitration Rules for the AAA then in effect (the “AAA Technical Arbitration Rules”) without submitting such dispute to mediation by the Independent Engineer pursuant to Section 19.3 and without submitting the dispute to arbitration pursuant to Section 19.4(a). Either Party may initiate the arbitration as provided in the AAA Technical Arbitration Rules. Such engineering arbitration shall be conducted by an Independent Engineering Arbitrator that is acceptable to the Authority and the Lessee. If the Parties fail to agree upon the Independent Engineering Arbitrator within five Business Days after the Parties agree to submit the dispute to engineering arbitration, then the Authority and the Lessee shall each appoint an Independent Engineering Arbitrator and both such arbitrators shall be instructed to select a third Independent Engineering Arbitrator to conduct the engineering arbitration (unless the Parties agree in writing for the dispute to be heard by one Independent Engineering Arbitrator, who will then be selected by the AAA). If the two previously selected Independent Engineering Arbitrators cannot agree on the selection of the third Independent Engineering Arbitrator, the third Independent Engineering Arbitrator shall be selected by the AAA. The Parties shall each bear their own costs with respect to the arbitration of any such engineering dispute and shall bear equally the cost of retaining such Independent Engineering Arbitrator(s). The award of the Independent Engineering Arbitrator(s) shall be in writing and state the reasons upon which it is based. The award of the Independent Engineering Arbitrator(s) shall be final and binding on the Parties.

TECHNICAL ARBITRATION. Any divergence arisen between the parties, as for any technical aspect, which can not be resolved in a friendly and direct way between the parties, will be submitted to a technical arbitration tribunal, conformed by two technicians with expertise in the matter, who will be appointed by the parties, one for each of these. If this procedure does not provide results, the compromise clauses herein agreed will be applied.

TECHNICAL ARBITRATION. Notwithstanding anything else in this Agreement, the following provisions shall apply with respect to the definition of “Mechanically Complete” and the concomitant satisfaction of the corresponding conditions to Closing set forth in Section 9.02(d)(ii): (a) At any time prior to the Closing, Seller may notify Buyer in writing that in Seller’s view the condition set forth in clause (vi) of the definition of “Mechanically Complete” has been satisfied (a “Seller Notification”). (b) Buyer shall have seven (7) Business Days to respond to the Seller Notification (“Buyer’s Response”), and, unless the Buyer’s Response states that Buyer objects to the Seller Notification (and sets forth reasonably specific reasons for such objection), clause (vi) of the definition of “Mechanically Complete” and the corresponding condition to Closing set forth in Section 9.02(d)(ii) shall be deemed to be satisfied and met (but, for the avoidance of doubt, such Buyer’s Response shall have no effect on any other covenants or agreements of Seller pursuant to this Agreement). (c) If Buyer’s Response states that Buyer objects to the Seller Notification (and sets forth reasonably specific reasons for such objection), the matters addressed in the Buyer’s Response shall be immediately referred to binding arbitration by an independent engineer or engineering firm of favorable reputation that has not worked for either Party or their Affiliates for a period of one (1) year prior to such dispute and which is reasonably acceptable to Buyer and Seller (the “Technical Arbitrator”). If the Parties cannot decide on a Technical Arbitrator within five (5) Business Days of the delivery of a Buyer’s Response, the matter shall be referred to the New York office of the American Arbitration Association, who shall be instructed to select a Technical Arbitrator within five (5) Business Days of such instruction. The Technical Arbitrator shall be instructed by Buyer and Seller to render a final decision as to whether the reasons set forth in the Buyer’s Response are correct within twenty (20) days of its instruction, which final decision shall be final, absolute, and non-appealable by Buyer and Seller. (d) The fees and expenses of the Technical Arbitrator shall be paid by the non-prevailing Party. If the Buyer is the non-prevailing Party, clause (B) of Section 2.06(a) shall apply at the Closing regardless of whether Buyer has provided Seller with the notice contemplated by Section 11.01(b). (e) From and after t...

TECHNICAL ARBITRATION. (a) In the event ▇▇▇▇▇▇ and AZZ are unable to agree on (i) the cost or other impact of a Change pursuant to Section 6 hereof, or (ii) the determination of whether a newly discovered Pollution Condition constitutes a Pre-existing Pollution Condition under Section 7, then ▇▇▇▇▇▇ and AZZ shall submit the matter to technical arbitration for determination as set forth below. (b) ▇▇▇▇▇▇ and AZZ shall mutually select a qualified, independent third party technical consultant who shall make the determination. If ▇▇▇▇▇▇ and AZZ cannot agree on the selection of a single consultant, they shall each appoint a consultant and those two consultants shall select a third consultant, and those three consultants shall be the arbitrators hereunder. If the two arbitrators appointed by ▇▇▇▇▇▇ and AZZ shall be unable to agree upon the appointment of the third arbitrator within five (5) calendar days after the appointment of the second arbitrator, both shall give written notice of such failure to agree to ▇▇▇▇▇▇ and AZZ, and, if ▇▇▇▇▇▇ and AZZ fail to agree upon the selection of such third arbitrator within five (5) calendar days after the arbitrators appointed by the parties give such notice, then either of the parties upon written notice to the other may require such appointment from the American Arbitration Association pursuant to their Commercial Arbitration Rules. ▇▇▇▇▇▇ and AZZ shall initially split the cost of the single consultant, or pay the cost of their respective consultant and split the cost of the third consultant, as the case may be. (c) ▇▇▇▇▇▇ and AZZ and the consultant(s) shall review the information provided by ▇▇▇▇▇▇ and AZZ. In the event the consultant(s) require(s) more information, ▇▇▇▇▇▇ shall be responsible for providing the information. Notwithstanding the foregoing, AZZ reserves the right to provide any information that they consider relevant to the arbitrators hereunder. (d) Within thirty (30) days after selection of the consultant(s) and submission of all necessary information to the consultant(s) is completed, the consultant(s) shall make a determination as the case may be as follows: (i) whether the newly discovered Pollution Condition is a Pre-existing Pollution Condition; or (ii) the appropriateness of the cost or other impact of a Change pursuant to Section 6. This determination shall be final and conclusive as to matters submitted to arbitration, and may be enforced in any court of competent jurisdiction.

TECHNICAL ARBITRATION. Any controversies of a technical, geological, economic and financial nature involving the exploration work or the FEASIBILITY STUDY, shall be settled in the way described next:

TECHNICAL ARBITRATION