Appointment of the Adjudicator Sample Clauses

Appointment of the Adjudicator. An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of Adjudicators below The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013
Sample 1Sample 2Sample 3See All (20)
Appointment of the Adjudicator. An Adjudicator is appointed when a dispute arises, from the Panel of Adjudicators below. The referring party nominates an Adjudicator, which nomination is either accepted or rejected by the other party. In the instance of a rejection of the nominated Adjudicator, the referring Party refers the appointment deadlock to the Chairman of the Johannesburg Bar Council, who appoints an Adjudicator listed in the Panel of Adjudicators below The Parties appoint the Adjudicator under the NEC3 Adjudicator’s Contract, April 2013 Panel of Adjudicators Name Location Contact details (phone & e mail) Adv. Ghandi Badela Gauteng +00 00 000 0000 xxxxxx@xxxxxx.xx.xx Xx. Xxxxx Xxxx Pr. Durban +00 00 000 0000 Eng. Xxxxx.xxxx@xxxx.xx.xx Adv. Xxxxxx Xxxxxxx +00 00 000-0000 Xxxxxxx xxxxxxxxxxxx@xxxx.xx.xx Xx. Xxxx Xxxxxxxx Xxxxxxx +00 00 000 0000 Pr. Eng. xxxx@xxxxxxxxxxxxx.xx.xx Xx. Xxx Xxxx Gauteng xxx@xxxxxxx.xxx Adv. Xxxx Ryneke Gauteng 083 653 2281 SC xxxxxxx@xxxx.xxxxx.xx.xx Xx. Xxxxx Xxxxxx Pretoria +00 00 000 0000 (Quantity Surveyor) xxxxx@xxxxxxx.xx.xx
Sample 1Sample 2See All (10)
Appointment of the Adjudicator. 2.1 If a disagreement cannot be resolved by the parties, the party who gave notice of disagreement shall refer the disagreement, now dispute, to the other party or nominating body (CD) for adjudication by issuing a notice of adjudication, which notice must include: 2.1.1 the nature and brief description of the dispute and the parties involved; 2.1.2 details of where and when the dispute has arisen; 2.1.3 nature of redress sought; and 2.1.4 names and addresses of the parties 2.2 The parties shall appoint the adjudicator by mutual agreement within five (5) working days after the date on which the disagreement was deemed to be a dispute in terms of the Dispute Resolution clause of the respective agreement(s). Where the parties have failed to make an appointment within such period, either party may request the nominating body to appoint the adjudicator within five (5) working days from date of such request. Neither party shall have the right to object to such an appointment 2.3 The adjudicator shall in writing notify the parties of his acceptance of the appointment in terms of these rules within three
Sample 1Sample 2
Appointment of the Adjudicator. I.2.1 F4E hereby appoints the Appointee to be an adjudicator in the Panel of Adjudicators in order to act as an Adjudicator in any Dispute (i) arising from or in relation to the Buildings Contract(s) between F4E and its Contractor(s) (or any third party who has been accepted to join the adjudication) once the conditions under the respective provisions on adjudication of the Buildings Contract(s) are met, and (ii) arising from or in relation to the Interface Agreement between the Contractors (or any third party who has been accepted to join the adjudication) once the conditions under Schedule 4 (Adjudication Procedure) to the Interface Agreement are met. I.2.2 Subject to the conditions under the respective provisions on adjudication of the Buildings Contract(s) and under Schedule 4 (Adjudication Procedure) to the Interface Agreement, the Appointee hereby accepts to be an adjudicator in the Panel of Adjudicators and agrees that he may be nominated as an Adjudicator, which will be a personal nomination, by the Chairman of the Panel of Adjudicators, and agrees to be bound by the terms and conditions of this Contract and to follow the relevant provisions of the Buildings Contract(s) and the Interface Agreement, as the case may be. In order to effectuate such nomination, the Appointee undertakes to sign a declaration in the form as attached hereto in Annex II (Acceptance of Nomination and Declaration of Independence, Commitment and Conflict of Interests). I.2.3 The scope of adjudication is described in detail in Annex I (Terms of Appointment and Rules of Procedure).
Sample 1

Related to Appointment of the Adjudicator

  • 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 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 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. (b) Each other Finance Party authorises the Agent to exercise the rights, powers, authorities and discretions specifically given to the Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

  • Appointment of the Agents (A) Each other Finance Party (other than the relevant Agent) appoints each Agent to act in that capacity under and in connection with the Finance Documents. (B) Each other Finance Party authorises each Agent to exercise the rights, powers, authorities and discretions specifically given to that Agent under or in connection with the Finance Documents together with any other incidental rights, powers, authorities and discretions.

  • Appointment of the Distributor The Fund hereby appoints the Distributor as the principal underwriter and distributor of the Shares of the Fund to sell Shares to the public on behalf of the Fund and the Distributor hereby accepts such appointment and agrees to act hereunder. The Fund hereby agrees during the term of this Agreement to sell Shares of the Fund through the Distributor on the terms and conditions set forth below.

  • Appointment of the Custodian The Trustee may, with the consent of the Master Servicer and the Company, or shall, at the direction of the Company and the Master Servicer, appoint custodians who are not Affiliates of the Company, the Master Servicer or any Seller to hold all or a portion of the Custodial Files as agent for the Trustee, by entering into a Custodial Agreement. Notwithstanding anything to the contrary contained herein, the Company, Master Servicer and Trustee acknowledge that the functions of the Trustee hereunder with respect to the acceptance, custody, inspection and release of Custodial Files, and the preparation and delivery of the Interim Certification required pursuant to Section 2.02, shall be performed by the Custodian as and to the extent set forth in the Custodial Agreement. Subject to Article VIII, the Trustee agrees to comply with the terms of each Custodial Agreement with respect to the Custodial Files and to enforce the terms and provisions thereof against the related custodian for the benefit of the Certificateholders. Each custodian shall be a depository institution subject to supervision by federal or state authority, shall have a combined capital and surplus of at least $15,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Custodial File. Each Custodial Agreement, with respect to the Custodial Files, may be amended only as provided in Section 11.01. The Trustee shall notify the Certificateholders of the appointment of any custodian (other than the custodian appointed as of the Closing Date) pursuant to this Section 8.11.

  • Withdrawal or Removal and Replacement of Administrator The Administrator may withdraw for any reason upon notice to the Initial Member, provided that such withdrawal shall be effective only following a Sale of the Artwork and distribution of the proceeds. The Administrator may be removed and replaced at any time for any reason with or without approval of the Board upon the affirmative vote of Voting Members holdings at least two-thirds of the Voting Shares. In the event of any such withdrawal or removal and replacement of the Administrator, any unvested ASA Shares shall be forfeited as of the effective date of such withdrawal or removal and such ASA Shares shall no longer be deemed to be issued and outstanding for any purposes of this Agreement.

  • Employment of the Adviser The Trust hereby employs the Adviser to manage the investment and reinvestment of the Fund's assets and to administer its affairs, subject to the direction of the Board of Trustees and the officers of the Trust, for the period and on the terms hereinafter set forth. The Adviser hereby accepts such employment and agrees during such period to render the services and to assume the obligations herein set forth for the compensation herein provided. The Adviser shall for all purposes herein be deemed to be an independent contractor and shall, except as expressly provided or authorized (whether herein or otherwise), have no authority to act for or represent the Fund or the Trust in any way or otherwise be deemed an agent of the Fund or the Trust.

  • Compensation of the Adviser For all of the services to be rendered and payments to be made as provided in this Agreement, as of the last business day of each month, the Fund will pay you a fee at the annual rate of 1.50% of the average value of its daily net assets. The average value of the daily net assets of the Fund shall be determined pursuant to the applicable provisions of the Declaration of Trust of the Trust or a resolution of the Board, if required. If, pursuant to such provisions, the determination of net asset value of the Fund is suspended for any particular business day, then for the purposes of this paragraph, the value of the net assets of the Fund as last determined shall be deemed to be the value of the net assets as of the close of the business day, or as of such other time as the value of the Fund's net assets may lawfully be determined, on that day. If the determination of the net asset value of the Fund has been suspended for a period including such month, your compensation payable at the end of such month shall be computed on the basis of the value of the net assets of the Fund as last determined (whether during or prior to such month).

Most Referenced Clauses

Most Referenced Definitions