APPOINTMENT OF REFEREE Sample Clauses

APPOINTMENT OF REFEREE. IF ANY ACTION OR PROCEEDING IS FILED IN A COURT OF THE STATE OF CALIFORNIA BY OR AGAINST ANY PARTY HERETO IN CONNECTION WITH ANY OF THE TRANSACTIONS CONTEMPLATED BY THE LOAN DOCUMENTS, (I) THE COURT SHALL, AND IS HEREBY DIRECTED TO, MAKE A GENERAL REFERENCE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 638 TO A REFEREE (WHO SHALL BE A SINGLE ACTIVE OR RETIRED JUDGE) TO HEAR AND DETERMINE ALL OF THE ISSUES IN SUCH ACTION OR PROCEEDING (WHETHER OF FACT OR OF LAW) AND TO REPORT A STATEMENT OF DECISION; PROVIDED THAT, AT THE OPTION OF ANY PARTY TO SUCH PROCEEDING, ANY SUCH ISSUES PERTAINING TO A “PROVISIONAL REMEDY” (AS DEFINED IN CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.8) SHALL BE HEARD AND DETERMINED BY THE COURT; AND (II) WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISIONS HEREIN, THE BORROWER SHALL BE SOLELY RESPONSIBLE TO PAY ALL FEES AND EXPENSES OF ANY REFEREE APPOINTED IN SUCH ACTION OR PROCEEDING.
Sample 1
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APPOINTMENT OF REFEREE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, AND NOTWITHSTANDING ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER ORAL OR WRITTEN) OR ACTION OF ANY PARTY HERETO, UNTIL SUCH TIME (IF AT ALL) AS THE CALIFORNIA LEGISLATURE ENACTS A LAW THAT WOULD RENDER THE JURY TRIAL WAIVER SET FORTH IN SUBSECTION (c)(i) IMMEDIATELY ABOVE VALID AND ENFORCEABLE, THE REFERENCE PROVISION SET FORTH IN SUBSECTION (c)(iii) BELOW SHALL APPLY TO ANY SUIT, ACTION OR PROCEEDING COMMENCED PRIOR TO SUCH TIME IN LIEU OF THE JURY TRIAL WAIVER SET FORTH IN SUBSECTION (c)(i) ABOVE; PROVIDED THAT SUCH REFERENCE PROVISION SHALL NOT APPLY TO ANY UNLAWFUL DETAINER ACTION OR ANY ACTION FOR EQUITABLE OR INJUNCTIVE RELIEF.
Sample 1
APPOINTMENT OF REFEREE. (1) If the Parties fail to agree, within 7 days after a Referral Notice is given, who is to be the Referee, the Party who gave the notice (the referring party) must: (a) request the President of the Law Society to make the appointment; and (b) for that purpose, send the President a copy of the Dispute Notice. (2) The referring party must request the President: (a) to appoint as Referee a person who possesses the qualifications, experience and standing necessary and appropriate to ensure the Dispute is resolved justly and efficiently; (b) to inform the Parties of the appointee’s estimated fee for acting upon the determination; and (c) to confirm that, according to the President’s knowledge or enquiries, the estimated fees are reasonable. (3) For clarity, if the issues in dispute require the application of expertise in more than one discipline, the President may: (a) appoint as referee a person appropriately qualified in one of those disciplines; and (b) appoint another person or other persons, appropriately qualified in the other discipline or disciplines, to give the Referee the expert assistance he might require to facilitate expeditious and effective resolution of all issues in dispute. (4) A Party may object to an appointment the President makes only if the appointee is not independent of the Parties. (5) If there is a difference of opinion between the Parties concerning the independence of the appointee: (a) the President will determine the issue after hearing from each Party; and (b) the President’s determination will be final and binding.
Sample 1
APPOINTMENT OF REFEREE. The parties have stipulated to, and have obtained the Court’s order approving of, the appointment of the Xxx. Xxxxxx Xxxxxxx (Xxx.) as the Referee in this matter. Said appointment shall be to assist the Court in effectuating the settlement of this case. In that regard, the Referee shall perform the following: (a) Meet and confer with the parties and mediate any disputes concerning this Agreement. (b) Conduct a hearing concerning preliminary approval of the terms and conditions of the settlement. Said hearing shall be conducted in public. (c) Report, in writing, to the Court concerning preliminary approval of the terms and conditions of the proposed settlement and make a recommendation to the Court as to the granting or denial of preliminary approval. (d) If at the time the Referee reports to the Court concerning preliminary approval of the settlement it is the Referee’s recommendation that preliminary approval should be granted, the Referee shall also present to the Court a form of class notice approved by the parties, and a method of distribution of notice approved by the parties, which the Referee believes meets due process requirements. (e) If the Court grants preliminary approval of the terms and conditions of the settlement and approves the proposed form and method of class notice, the Referee shall hold a final fairness hearing. Said hearing shall be conducted in a public courtroom and shall not commence prior to 10:00 a.m. on October 24, 2005, or on such date thereafter as set by the Referee. At the conclusion of that hearing, the Referee shall report his findings to the Court. Included in this report shall be a summary of any timely and proper objections received, the Referee’s recommendation as to the granting of final approval, and such other matters as the Referee deems appropriate to bring to the Court’s attention. (f) After final approval by the Court, the Referee shall determine the timeliness of Claim Forms (as set forth in paragraph 7 below) and shall resolve any dispute by any Class Member as to any factor or issue regarding the computation of that Class Member’s Individual Settlement Award (as defined below), and the Referee’s decision on any such issue or dispute shall be final and binding.
Sample 1
APPOINTMENT OF REFEREE the Referee will be selected and appointed by the parties and the Referee Agreement entered into by the parties with the Referee each time a Dispute arises in the following manner: (A) the FTRP Initiating Party will nominate in the Referee Notice three qualified individuals (collectively, the "Nominees"), with a description of each Nominee's qualifications and expertise, to serve as the Referee having regard to the nature or category of the Dispute and the Nominees' qualifications and expertise; (B) within 5 Business Days of receiving the Referee Notice, the party receiving the Referee Notice shall, by notice to the FTRP Initiating Party, either indicate its choice of Nominee, in which case such Nominee shall be selected to serve as the Referee, or object to the Nominees set out in the Referee Notice; (C) if the party receiving the Referee Notice fails to indicate its choice of Nominee or object to the Nominees set out in the Referee Notice within 5 Business Days of receiving the Referee Notice, then the FTRP Initiating Party shall select a Nominee to serve as the Referee; (D) if the party receiving the Referee Notice objects to the Nominees set out in the Referee Xxxxxx, then either party may apply to the ADR Institute of Alberta (“ADRIA”) for a referee to be promptly appointed under the National Arbitration Rules to act as the Referee.
Sample 1
APPOINTMENT OF REFEREE. As an alternative procedure hereunder, a party initiating legal action hereunder may request that such action be heard by a referee from the Orange County Superior Court pursuant to the referee procedures of California Code of Civil Procedure Sections 638, et seq. XXXXXX and COUNTY, in such case, shall use their best efforts to agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If XXXXXX and COUNTY are unable to agree upon a referee within ten (10) days after a written request to do so by either party, either party may-seek to have a referee appointed pursuant to Section 640 of the California Code of Civil Procedure. The cost of such proceeding (exclusive of the attorneys’ fees and costs of the Parties) shall be borne equally by the Parties. Any referee selected pursuant to this Section 10.5 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. In the event that an alternative method of resolving disputes concerning the application, enforcement or interpretation of development agreements is provided by legislative or judicial action after the Effective Date, the Parties may, by mutual agreement, select such alternative method.
Sample 1

Related to APPOINTMENT OF REFEREE

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • 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 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 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.

  • 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. 2. The following rules shall govern the appointment of the members of an arbitration panel: (a) The arbitration panel shall consist of three individual members with expertise or experience in international tax matters. (b) Each competent authority shall appoint one panel member within 60 days of the date of the request for arbitration under paragraph 1 of Article 24A (Mandatory Binding Arbitration). The two panel members so appointed shall, within 60 days of the latter of their appointments, appoint a third member who shall serve as Chair of the arbitration panel. The Chair shall not be a national or resident of either Contracting State. (c) Each member appointed to the arbitration panel must be impartial and independent of the competent authorities, tax administrations, and ministries of finance of the Contracting States and of all persons directly affected by the case (as well as their advisors) at the time of accepting an appointment, maintain his or her impartiality and independence throughout the proceedings, and avoid any conduct for a reasonable period of time thereafter which may damage the appearance of impartiality and independence of the arbitrators with respect to the proceedings. 3. In the event that the competent authority of a Contracting State fails to appoint a member of the arbitration panel in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, a member shall be appointed on behalf of that competent authority by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State. 4. If the two initial members of the arbitration panel fail to appoint the Chair in the manner and within the time periods specified in paragraph 2 or agreed to by the competent authorities of the Contracting States, the Chair shall be appointed by the highest ranking official of the Centre for Tax Policy and Administration of the Organisation for Economic Co-operation and Development that is not a national of either Contracting State.

  • Appointment of Auditors 33.2.1 The Concessionaire shall appoint, and have during the subsistence of this Agreement as its Statutory Auditors, a firm chosen by it from the mutually agreed list of 10 (ten) reputable firms of chartered accountants (the “Panel of Chartered Accountants”), such list to be prepared substantially in accordance with the criteria set forth in Schedule-T. All fees and expenses of the Statutory Auditors shall be borne by the Concessionaire. 33.2.2 The Concessionaire may terminate the appointment of its Statutory Auditors after a notice of 45 (forty five) days to the Authority, subject to the replacement Statutory Auditors being appointed from the Panel of Chartered Accountants. 33.2.3 Notwithstanding anything to the contrary contained in this Agreement, the Authority shall have the right, but not the obligation, to appoint at its cost from time to time and at anytime, another firm (the “Additional Auditors”) from the Panel of Chartered Accountants to audit and verify all those matters, expenses, costs, realisations and things which the Statutory Auditors are required to do, undertake or certify pursuant to this Agreement.

  • Appointment of Receiver To the extent permitted by Applicable Law, the Administrative Agent and the Lenders shall be entitled to the appointment of a receiver for the assets and properties of the Borrower and its Subsidiaries, without notice of any kind whatsoever and without regard to the adequacy of any security for the Obligations or the solvency of any party bound for its payment, to take possession of all or any portion of the property and/or the business operations of the Borrower and its Subsidiaries and to exercise such power as the court shall confer upon such receiver.

  • Appointment of a Receiver To the extent permitted by applicable law, if an Event of Default shall have occurred and be continuing, and the Equipment Notes either shall have been accelerated pursuant to Section 4.02 or have become due at maturity, Loan Trustee shall, as a matter of right, be entitled to the appointment of a receiver (who may be Loan Trustee or any successor or nominee thereof) for all or any part of the Collateral, whether such receivership be incidental to a proposed sale of the Collateral or the taking of possession thereof or otherwise, and, to the extent permitted by applicable law, Company hereby consents to the appointment of such a receiver and will not oppose any such appointment. Any receiver appointed for all or any part of the Collateral shall be entitled to exercise all the rights and powers of Loan Trustee with respect to the Collateral.

  • Appointment of receivers and managers any administrative or other receiver is appointed anywhere of any Security Party or any part of its assets and/or undertaking or any other steps are taken to enforce any Encumbrance over all or any part of the assets of any Security Party; or

  • Appointment of Stewards A. The Union will certify to the Employer in writing a xxxxxxx or stewards and alternates in accordance with the following general guidelines. Where more than one xxxxxxx is appointed, one shall be designated chief xxxxxxx. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one xxxxxxx may be certified to repre- sent employees in a particular work location(s). The number of stewards certified shall not exceed, but may be less than, the number provided by the formula hereinafter set forth. Employees in the same craft per tour or station Up to 49 1 xxxxxxx 50 to 99 2 stewards 100 to 199 3 stewards 200 to 499 5 stewards 500 or more 5 stewards plus additional xxxxxxx for each 100 employees B. At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a xxxxxxx to investigate, present and adjust a specific grievance or to investigate a specific problem to deter- mine whether to file a grievance. The activities of such Union representative shall be in lieu of a xxxxxxx designated under the formula in Section 2.A and shall be in accordance with Section 3. Payment, when applicable, shall be in accordance with Section 4. C. To provide xxxxxxx service to installations with twenty or less craft employees where the Union has not certified a xxxxxxx, a Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a xxxxxxx. D. At the option of the Union, representatives not on the Employer’s payroll shall be entitled to perform the functions of a xxxxxxx or chief xxxxxxx, provided such representatives are certified in writing to the Employer at the area level and providing such rep-

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