Common use of Appointment of Project Adjudicator Clause in Contracts

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 to either the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by a Court, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.

Appointment of Project Adjudicator. Within 120 45 days from signing of the DBFM DBFO 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 interpretations of the Project Requirements in relation to design or construction or in relation to the Project Adjudicator) Existing Facilities O&M 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 arbitration pursuant to section 2.5 of Schedule 7 6 (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 qualified and experienced with respect to the qualifications provided for design and construction of projects in the definition Province of “Project Adjudicator” in Section 1.2Alberta similar to the Project. 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 Availabilitythe completion of the Project. If the Project Adjudicator resigns, dies, or is unwilling or unable to continue to act as Project Adjudicator before Total Availabilitythe completion of the Project, 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 to either of the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by a Courtarbitration, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.

Appointment of Project Adjudicator. Within 120 21 days from signing of the DBFM DBFO 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 interpretations of the Project Adjudicator) Requirements in relation to design or construction 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, either party may request in writing that the Alberta Arbitration and Mediation Society name and appoint the Project Adjudicator shall be determined by a Court pursuant to section 2.5 of Schedule 7 (Dispute Resolution Procedure)Adjudicator. The person appointed as Project Adjudicator must be impartial as between the parties, independent of the Province and the Contractor and have qualified and experienced with respect to the qualifications provided for design and construction of projects in the definition Province of “Project Adjudicator” in Section 1.2Alberta similar to the Project. The appointment of the Project Adjudicator will be deemed to be a joint appointment and will be irrevocable by each either party without the consent of the other. The appointment of the Project Adjudicator will continue until Total Availabilitythe completion of the Project. If the Project Adjudicator resigns, dies, resigns or is unwilling or unable to continue to act as Project Adjudicator dies before Total Availabilitythe completion of the Project, the parties shall immediately appoint a replacement and in such case, the procedure provided for under this Section 2.4 shall applyreplacement. 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 Adjucicator equally. Each party shall bear its own costs and expenses in preparing submissions for and attending meetings with the Project Adjudicator. The Province and In the Contractor will agree to release and indemnify event a disagreement requiring 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 to resolve arises prior to either the parties appointing a Project Adjudicator or the determination of Alberta Arbitration and Mediation Society naming a Project Adjudicator, the timeframes specified in Section 4, below, may be extended, until such time as the Project Adjudicator by a Court, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4is identified.

Appointment of Project Adjudicator. Within 120 60 days from signing of the DBFM DBFO 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 interpretations of the Project Adjudicator) Requirements in relation to design or construction 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 arbitration 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 qualified and experienced with respect to the qualifications provided for design and construction of projects in the definition Province of “Project Adjudicator” in Section 1.2Alberta similar to the Project. 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 Availabilitythe completion of the Project. If the Project Adjudicator resigns, dies, resigns or is unwilling or unable to continue to act as Project Adjudicator dies before Total Availabilitythe completion of the Project, the parties shall immediately appoint a replacement and in such case, the procedure provided for under this Section 2.4 shall applyreplacement. 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 In the Contractor will agree to release and indemnify event a disagreement requiring 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 to resolve arises prior to either the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by a Courtarbitration, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.

Appointment of Project Adjudicator. Within 120 60 days from signing of the DBFM DBFO 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 interpretations of the Project Adjudicator) Requirements in relation to design or construction 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 arbitration 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 qualified and experienced with respect to the qualifications provided for design and construction of projects in the definition Province of “Project Adjudicator” in Section 1.2Alberta similar to the Project. 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 Availabilitythe completion of the Project. If the Project Adjudicator resigns, dies, or is unwilling or unable to continue to act as Project Adjudicator before Total Availabilitythe completion of the Project, 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 to either of the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by a Courtarbitration, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.

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 interpretations of the Project Adjudicator) Requirements in relation to design or construction 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 arbitration 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 qualified and experienced with respect to the qualifications provided for design and construction of projects in the definition Province of “Project Adjudicator” Alberta similar to the Project, including without limitation qualified and experienced in Section 1.2interpreting specifications and standards in relation to the design and construction of projects in the Province of Alberta similar to the Project. 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 Availabilitythe completion of the Project. If the Project Adjudicator resigns, dies, resigns or is unwilling or unable to for any reason cannot continue to act as Project Adjudicator perform services before Total Availabilitythe completion of the Project, 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 to either the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by a Courtarbitration, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.

Appointment of Project Adjudicator. Within 120 60 days from signing of the DBFM DBFO 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 interpretations of the Project Adjudicator) Requirements in relation to design or construction 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 arbitration 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 qualified and experienced with respect to the qualifications provided for design and construction of projects in the definition Province of “Project Adjudicator” in Section 1.2Alberta similar to the Project. 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 Availabilitythe completion of the Project. If the Project Adjudicator resigns, dies, or is unwilling or unable to continue to act as Project Adjudicator before Total Availabilitythe completion of the Project, 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 to either the parties appointing a Project Adjudicator or the determination of the Project Adjudicator by a Courtarbitration, neither party’s position nor access to either the Project Adjudicator’s Procedure specified in Section 4 or to a remedy will be prejudiced. Upon the Project Adjudicator being appointed or named, as the case may be, the disagreement requiring the Project Adjudicator’s participation, if still unresolved, will proceed in accordance with Section 4.