Appointment of Project Adjudicator Sample Clauses

Appointment of Project Adjudicator. Within 120 days from signing of the DBFM Agreement, the Province and the Contractor will appoint and enter into a written agreement with a person acceptable to both as Project Adjudicator to whom Live Design/Build Disputes (and other matters that are expressly referable to the Project Adjudicator) may be referred for immediate interim resolution. For greater certainty, unless expressly stated otherwise all Disputes (as defined in Schedule 7 to the DBFO Agreement) other than Live Design/Build Disputes, shall go before the Referee (as defined in Schedule 7 to the DBFO Agreement). Notwithstanding the 120 day 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 Project Adjudicator within the time period provided, the Project Adjudicator shall be determined by a Court pursuant to section 2.5 of Schedule 7 (Dispute Resolution Procedure). The person appointed as Project Adjudicator must be impartial as between the parties, independent of the Province and the Contractor and have the qualifications provided for in the definition of “Project Adjudicator” in Section 1.2. The appointment of the Project Adjudicator 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 Project Adjudicator will continue until Total Availability. If the Project Adjudicator resigns, dies, or is unwilling or unable to continue to act as Project Adjudicator before Total Availability, the parties shall immediately appoint a replacement and in such case, the procedure provided for under this Section 2.4 shall apply. The fees and expenses of the Project Adjudicator shall be set by the terms of the agreement between the parties and the Project Adjudicator. The Province and the Contractor will share the total costs of the Project Adjudicator equally. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Project Adjudicator. The Province and the Contractor will agree to release and indemnify the Project Adjudicator in respect of certain claims provided the Project Adjudicator has acted in good faith and in accordance with the agreement among the parties. In the event that a disagreement requiring resolution by the Project Adjudicator arises prior t...
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Related to Appointment of Project Adjudicator

  • Review by the Association of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Association’s Prior Review. All other contracts shall be subject to Post Review by the Association.

  • Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Appointment Prerequisites Appointment is subject to: • Working With Children (WWC) Check, compulsory check for people who carry out child- related work in Western Australia. • Completion of 100 Point Identification Check. • Successful Criminal Record Screening Clearance. • Successful Pre-Employment Integrity Check. • Successful Pre-Employment Health Assessment.

  • Appointment of Process Agent The Issuer irrevocably appoints Xxxxxxx & Co. Notaries at Xxx Xxxxx Xxxx, London EC2V 8AE as its agent for service of process in any proceedings before the English courts in relation to any Dispute, and agrees that, in the event of Xxxxxxx & Co. Notaries being unable or unwilling for any reason so to act, it will immediately appoint another person as its agent for service of process in England in respect of any Dispute. The Issuer agrees that failure by a process agent to notify it of any process will not invalidate service. Nothing herein shall affect the right to serve process in any other manner permitted by law.

  • Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.

  • 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 Procedure (1) The Advisory Committee shall establish a list of the most suitable candidates to be appointed as judges of the Court, in accordance with the Statute.

  • 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 Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

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