Common use of Selection of Mediator Clause in Contracts

Selection of Mediator. The Authorized Individuals shall have five (5) business days from the date they cease direct negotiations to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the Partners. Within five (5) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners agree jointly to request a State or Federal District Judge of their choosing (or if they cannot agree, the Chief Judge of the United States District Court for the county in which the principal office of the Partnership is located, and if that Judge refuses to act, the Presiding Judge of the State Administrative Judicial Region for said county) to supply within ten (10) business days a list of potential qualified attorney-mediators. Within five (5) business days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator.

Appears in 11 contracts

Samples: Partnership Agreement (Miller Lloyd I Iii), Partnership Agreement (Miller Lloyd I Iii), Partnership Agreement (Jni Corp)

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Selection of Mediator. The Authorized Individuals shall have five (5) business days from the date they cease direct negotiations to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the Partners. Within five (5) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners agree jointly to request a State or Federal District Judge of their choosing (or if they cannot agree, the Chief Local Administrative Judge of the United States District Court for the county in which the principal office of the Partnership is located, and if that Judge refuses to act, the Presiding Judge of the State Administrative Judicial Region for said county) to supply within ten (10) business days a list of potential qualified attorney-mediators. Within five (5) business days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator.

Appears in 2 contracts

Samples: Agreement, Troutt Kenny A

Selection of Mediator. The Authorized Individuals shall have five --------------------- (5) business days from the date they cease direct negotiations to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the Partners. Within five (5) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners agree jointly to request a State or Federal District Judge of their choosing (or if they cannot agree, the Chief Judge of the United States District Court for the county in which the principal office of the Partnership is located, and if that Judge refuses to act, the Presiding Judge of the State Administrative Judicial Region for said county) to supply within ten (10) business days a list of potential qualified attorney-mediators. Within five (5) business days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator.

Appears in 2 contracts

Samples: Partnership Agreement (Aldila Inc), Partnership Agreement (Aldila Inc)

Selection of Mediator. The Authorized Individuals shall have five (5) business days from the date they cease direct negotiations to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the PartnersParties. Within five (5) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners Parties agree jointly to request a State or Federal District Judge of their choosing (or if they cannot agree, the Chief Local Administrative Judge of the United States District Court for the county in which the principal office of the Partnership is located, and if that Judge refuses to act, the Presiding Judge of the State Administrative Judicial Region for said countyDallas County) to supply within ten (10) business days a list of potential qualified attorney-mediators. Within five (5) business days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator.

Appears in 1 contract

Samples: Westside Energy Corp

Selection of Mediator. The Authorized Individuals shall have five three (53) business days Business Days from the date they cease direct negotiations submit the Dispute to mediation to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the PartnersParties or their Affiliates. Within five three (53) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners Parties agree jointly to request a State or Federal District Judge of their choosing (or if it they cannot agree, the Chief Local Administrative Judge of the United States District Court for the county in which the principal office of the Partnership is locatedXxxxxx County, and if that Judge refuses to actGeorgia), the Presiding Judge of the State Administrative Judicial Region for said county) to supply within ten five (105) business days Business Days a list of potential qualified attorney-mediators. Within five three (53) business days Business Days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select agree upon a mediator.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stericycle Inc)

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Selection of Mediator. The Authorized Individuals shall have five (5) business days from the date they cease direct negotiations to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the Partnersparties. Within five (5) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners Parties agree jointly to request a State or Federal District Judge of their choosing (or if they cannot agree, the Chief Local Administrative Judge of the United States District Court for the county in which the principal office of the Partnership Company is located, and if that Judge refuses to act, the Presiding Judge of the State Administrative Judicial Region for said county) to supply within ten (10) business days a list of potential qualified attorney-mediators. Within five (5) business days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator.

Appears in 1 contract

Samples: Executive Employment Agreement (Cano Petroleum, Inc)

Selection of Mediator. The Authorized Individuals shall have five (5) business days from the date they cease direct negotiations to submit to each other a written list of acceptable qualified attorney-mediators not affiliated with any of the PartnersParties. Within five (5) days from the date of receipt of such list, the Authorized Individuals shall rank the mediators in numerical order of preference and exchange such rankings. If one or more names are on both lists, the highest ranking person shall be designated as the mediator. If no mediator has been selected under this procedure, the Disputing Partners Parties agree jointly to request a State or Federal District Judge of their choosing (or if they cannot agree, the Chief Judge ADR clerk of the United States District Court for the county in which the principal office of the Partnership is located, and if that Judge refuses to act, the Presiding Judge of the State Administrative Judicial Region for said county) to supply within ten (10) business days a list of potential qualified attorney-mediators. Within five (5) business days of receipt of the list, the Authorized Individuals shall again rank the proposed mediators in numerical order of preference and shall simultaneously exchange such list and shall select as the mediator the individual receiving the highest combined ranking. If such mediator is not available to serve, they shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator.

Appears in 1 contract

Samples: Shale Project

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