Appointment of the Referee Sample Clauses

Appointment of the Referee. Within one year from Execution of the DBFM Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Referee to whom resolution of Disputes (other than Disputes that fall within the mandate of the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure)) may be referred for immediate interim resolution. Notwithstanding the one year deadline in the foregoing sentence, either party can shorten such deadline on written notice to the other party to a date that is at least 15 Business Days after delivery of such written notice. In the event that the parties cannot agree upon an acceptable person as the Referee within the time period provided, the Referee shall be determined by arbitration pursuant to Section 2.5. The person appointed as Referee must be impartial as between the parties, independent of the Province and the Contractor and qualified and experienced with respect to the design and construction of projects in the Province of Alberta similar to the Project and with respect to the maintenance and renewal of projects in the Province of Alberta similar to the Schools in accordance with requirements similar to the M&R Requirements. The appointment of the Referee will be deemed to be a joint appointment and will be irrevocable by each party without the consent of the other. The appointment of the Referee will continue until the end of the Term unless otherwise agreed to by the parties. If the Referee resigns, dies, or becomes incapable of fulfilling the role of Referee, or the parties’ agreement with the Referee expires or is terminated before the end of the Term, the parties shall immediately appoint a replacement. The fees and expenses of the Referee shall be set by the terms of the agreement between the parties and the Referee. The Referee's fees, disbursements and other costs, as agreed between the parties and the Referee, will be shared equally by the Province and the Contractor. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Referee.
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Appointment of the Referee. Within 10 days from signing of the DBFO Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Referee to whom interpretations of the Project Requirements in relation to design or construction may be referred for immediate interim resolution. In the event that the parties cannot agree upon an acceptable person as the Referee within the time period provided, either party may request in writing that the Alberta Arbitration and Mediation Society name and appoint the Referee. The person appointed must be independent of the Province and the Contractor and qualified and experienced with respect to the design and construction of projects in the Province of Alberta similar to the Project. The appointment of the Referee will be deemed to be a joint appointment and will be irrevocable by either party without the consent of the other. The appointment of the Referee will continue until the completion of the Project. If the Referee resigns or dies before the completion of the Project, the parties shall immediately appoint a replacement. The fees and expenses of the Referee shall be set by the terms of the agreement between the parties and the Referee. The Referee's fees, disbursements and other costs, as agreed between the parties and the Referee, will be shared equally by the Province and the Contractor. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Referee.
Sample 1
Appointment of the Referee. Within one year from Execution of the DBFM Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Referee to whom resolution of Disputes (other than Disputes that fall within the mandate of the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure)) may be referred for immediate interim resolution. Notwithstanding the one year deadline in the foregoing sentence, either party can shorten such deadline on written notice to the other party to a date that is at least 15 Business Days after delivery of such written notice. In the event that the parties cannot agree upon an acceptable person as the Referee within the time period provided, the Referee shall be determined by a Court pursuant to Section
Sample 1

Related to Appointment of the Referee

  • Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxx Xxxxxxxx

  • Appointment of Arbitrators 1. Except to the extent that the competent authorities of the Contracting States mutually agree on different rules, paragraphs 2 through 4 shall apply for the purposes of Articles 24A to 24H.

  • Appointment of the Manager The Trust is engaged in the business of investing and reinvesting its assets in securities of the type and in accordance with the limitations specified in its Declaration of Trust, as amended and supplemented from time to time, By-Laws (if any) and Registration Statement filed with the Securities and Exchange Commission (the "Commission") under the 1940 Act and the Securities Act of 1933 (the "Securities Act"), including any representations made in the prospectus and statement of additional information relating to the Funds contained therein and as may be amended or supplemented from time to time, all in such manner and to such extent as may from time to time be authorized by the Trust's Board of Trustees (the "Board"). The Board is authorized to issue any unissued shares in any number of additional classes or series. The investment authority granted to the Manager shall include the authority to exercise whatever powers the Trust may possess with respect to any of its assets held by the Funds, including, but not limited to, the power to exercise rights, options, warrants, conversion privileges, redemption privileges, and to tender securities pursuant to a tender offer, and participate in class actions and other legal proceedings on behalf of the Funds. The Trust hereby appoints the Manager, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets in the Funds and, without limiting the generality of the foregoing, to provide the other services specified in Section 2 hereof. The Trust hereby appoints the Manger to provide the Fundlevel duties and services as set forth in Section 2(b) hereof, for the compensation and on the terms herein provided, and the Manager hereby accepts such appointment. Each new investment portfolio established in the future by the Trust shall automatically become a "Fund" for all purposes hereunder as if it were listed on Schedule A, absent written notification to the contrary by either the Trust or the Manager.

  • Appointment of the Agent (a) Each other Finance Party appoints the Agent to act as its agent under and in connection with the Finance Documents.

  • Appointment of the Adviser The Trust is engaged in the business of investing and reinvesting its assets in securities of the type and in accordance with the limitations specified in its Declaration of Trust, as amended and supplemented from time to time, By-Laws (if any) and Registration Statement filed with the Securities and Exchange Commission (the "Commission") under the 1940 Act and the Securities Act of 1933 (the "Securities Act"), including any representations made in the prospectus and statement of additional information relating to the Funds contained therein and as may be amended or supplemented from time to time, all in such manner and to such extent as may from time to time be authorized by the Trust's Board of Trustees (the "Board"). The Board is authorized to issue any unissued shares in any number of additional classes or series. The investment authority granted to the Adviser shall include the authority to exercise whatever powers the Trust may possess with respect to any of its assets held by the Funds, including, but not limited to, the power to exercise rights, options, warrants, conversion privileges, redemption privileges, and to tender securities pursuant to a tender offer, and participate in class actions and other legal proceedings on behalf of the Funds. The Trust hereby employs Adviser, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets in the Funds and, without limiting the generality of the foregoing, to provide the other services specified in Section 2 hereof.

  • Appointment of the Transfer Agent 2.1 Each Fund hereby appoints and constitutes the Transfer Agent as transfer agent and dividend disbursing agent for Shares of the Fund and the Transfer Agent hereby accepts such appointments and agrees to perform the duties hereinafter set forth.

  • Appointment of Managers With effect from the day and year stated in Box 4 and continuing unless and until terminated as provided herein, the Owners hereby appoint the Managers and the Managers hereby agree to act as the Managers of the Vessel.

  • Appointment of the Advisor The Advisor is hereby appointed and employed as investment advisor to the Trustee to assist the Trustee in its management of such assets of the Fund as are held in the Subaccount from time to time. The Advisor shall provide investment advice and recommendations and shall render certain other related services to or on behalf of the Trustee, all in accordance with the terms and conditions of this Agreement.

  • Appointment of the Escrow Agent The Escrow Agent is hereby designated and appointed to act as escrow agent in accordance with the terms and conditions of this Agreement, and the Escrow Agent hereby accepts such designation and appointment.

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