Common use of Appointments Clause in Contracts

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 5 contracts

Samples: Executive Services Agreement (Electrameccanica Vehicles Corp.), Executive Services Agreement (Electrameccanica Vehicles Corp.), Executive Services Agreement (Electrameccanica Vehicles Corp.)

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Appointments. 12.3 The Party desiring arbitration shall appoint one ------------ arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business 15 calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 30 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 15 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 4 contracts

Samples: S Fee Agreement (Magnus International Resources, Inc.), S Fee Agreement (Magnus International Resources, Inc.), S Fee Agreement (Magnus International Resources, Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 4 contracts

Samples: Share Purchase Agreement (Cdoor Corp), Share Purchase Agreement (Xinhua China LTD), Share Purchase Agreement (Cdoor Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”)Rules. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouverthe City of Austin, British ColumbiaState of Texas, U.S.A., for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act Rules or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 4 contracts

Samples: Executive Services Agreement (Uranium Energy Corp), Executive Services Agreement (Uranium Energy Corp), Executive Services Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five (5) business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five (5) business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five (5) business days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson such arbitrators shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act Quebec Code of Civil Procedure (the “Arbitration ActCode”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActCode. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater VancouverMontreal, British ColumbiaQuebec, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act Code or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 4 contracts

Samples: Executive Employment Agreement (Vision Marine Technologies Inc.), Executive Employment Agreement (Vision Marine Technologies Inc.), Executive Employment Agreement (Vision Marine Technologies Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”)Rules. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouverthe City of Corpus Christi, British ColumbiaState of Texas, U.S.A., for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act Rules or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 3 contracts

Samples: Executive Services Agreement (Uranium Energy Corp), Consulting Services Agreement (Uranium Energy Corp), Executive Services Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one ------------ arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 3 contracts

Samples: Share Purchase Agreement (Xinhua China LTD), Share Purcahse Agreement (Sinovac Biotech LTD), Share Purchase Agreement (Xinhua China LTD)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater the City of Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 3 contracts

Samples: Consulting Services Agreement (Uranium Energy Corp), Executive Consulting Services Agreement (Handeni Gold Inc.), Executive Employment Services Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business 10 calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with under the provisions of the British Columbia International Commercial American Arbitration Act Association (the “Arbitration ActRules”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater VancouverTucson, British ColumbiaArizona, USA for the purpose of hearing the evidence and representations of the Parties, and the chairperson such arbitrator shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Mineral Property Acquisition Agreement (Pacific Copper Corp.), Mineral Property Acquisition Agreement (Pacific Copper Corp.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business calendar days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Acquisition Agreement (Uranium Energy Corp), Acquisition Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party desiring arbitration shall propose three arbitrators to the other Party. The other Party may choose one of these arbitrators to act as single arbitrator or propose alternatives. In case the parties cannot agree on a single arbitrator within 5 business days, the Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act Act, RSA 2000, c A-43, as amended (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The seat of arbitration will be Calgary, and the language of the arbitration will be English. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Executive Employment Agreement (Adven Inc.), Executive Employment Agreement (Adven Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business 10 calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”)Rules. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson such arbitrator shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act Rules or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Mineral Assets Option Agreement (Uranium Energy Corp), Mineral Assets Option Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five 10 business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five 10 business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five 10 business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with the provisions Arbitration Act of the Province of British Columbia International Commercial Arbitration Act (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Management Agreement (Azco Mining Inc), Management Agreement (Azco Mining Inc)

Appointments. 12.3 The Party desiring requesting arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously mutually agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions Rules of the British Columbia International Commercial American Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActAssociation. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, chairperson shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Rules of the American Arbitration Act Association or this section. After hearing any evidence and representations that the Parties may submit, submit the single arbitrator, or the arbitrators, as the case may be, arbitrators shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Partiesparty. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Professional Services Retainer Contract (Strategic American Oil Corp), Professional Services Retainer Contract (Strategic American Oil Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.. Award

Appears in 2 contracts

Samples: Senior Executive Employment Agreement (Crailar Technologies Inc), Senior Executive Employment Agreement (Crailar Technologies Inc)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business 10 calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the Arbitration Act of the Province of British Columbia International Commercial Arbitration Act (again the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 2 contracts

Samples: Share Purchase Option Agreement (Trooper Technologies Inc), Share Purchase Option Agreement (Trooper Technologies Inc)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days Business Days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days Business Days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days Business Days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Property Acquisition Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party the party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two tow arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with the provisions rules of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”)Court in Polish Chamber of Commerce in Warsaw. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such rules of Arbitration ActCourt. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided provide for by rules of the Arbitration Act Court or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Purchase Agreement (Trooper Technologies Inc)

Appointments. 12.3 The Party desiring arbitration shall appoint one ------------ arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration 143 Act (British Columbia) (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Purchase Agreement (Sinovac Biotech LTD)

Appointments. 12.3 The Party desiring arbitration shall propose three arbitrators to the other Party. The other Party may choose one of these arbitrators to act as single arbitrator or propose alternatives. In case the parties cannot agree on a single arbitrator within 5 business days, the Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act Act, SBC 2020, c2 (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award. EXECUTIVE EMPLOYMENT AGREEMENT NANO INNOVATIONS INC.

Appears in 1 contract

Samples: Executive Employment Agreement (Adven Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”)Rules. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouverthe City of The Woodlands, British ColumbiaState of Texas, U.S.A., for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act Rules or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Executive Services Agreement (Mainland Resources Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business calendar days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial "Arbitration Act (Rules" of the American Arbitration Act”)Association. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater VancouverLas Vegas, British ColumbiaNevada, U.S.A., for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Exchange Agreement (Lexington Resources Inc)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business 10 calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with under the provisions of the British Columbia International Commercial American Arbitration Act Association (the “Arbitration ActRules”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActRules. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater VancouverTucson, British ColumbiaArizona, USA for the purpose of hearing the evidence and representations of the Parties, and the chairperson such arbitrator shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.. -- San Exxxxxx Mineral Property Acquisition Agreement -- -- Pacific Copper Chile Limitada --

Appears in 1 contract

Samples: Mineral Property Acquisition Agreement (Pacific Copper Corp.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.. -Amended Service Agreement-Allan Lindsay and Associates- -Genemax Phaxxxxxxxxxxxx, Inc.-

Appears in 1 contract

Samples: Amended Services Agreement (Genemax Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act arbitration statute or act in force and effect in Hong Kong (the “Commercial Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Commercial Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Hong Kong for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Commercial Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Purchase Agreement (Uranium 308 Corp.)

Appointments. 12.3 9.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business two calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the COMMERCIAL ARBITRATION ACT (British Columbia International Commercial Arbitration Act Columbia) (the “Arbitration Act”"ARBITRATION ACT"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such the Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Cornucopia Resources LTD

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Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act arbitration statute or act in force and effect in Hong Kong (the “Commercial Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Commercial Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British ColumbiaHong Kong, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Commercial Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Purchase Agreement (Uranium 308 Corp.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business 15 calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 30 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 15 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act of the Province of British Columbia (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Financing and Management Agreement (Newsgurus Com Inc)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, ------------ and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Purchase Agreement (Sinovac Biotech LTD)

Appointments. 12.3 The Party desiring arbitration shall appoint one ------------- arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Purchase Agreement (Sinovac Biotech LTD)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business 10 calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business 10 calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.. 11.4

Appears in 1 contract

Samples: Share Purchase Agreement (Magnus International Resources, Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five -Consulting Services Agreement- -Genemax Pharmaceuticals Inc.- business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. section- After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Consulting Services Agreement (Genemax Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson such arbitrators shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act Quebec Code of Civil Procedure (the “Arbitration ActCode”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActCode. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater VancouverMontreal, British ColumbiaQuebec, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act Code or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.. Award

Appears in 1 contract

Samples: Executive Services Agreement (Vision Marine Technologies Inc.)

Appointments. 12.3 The Party desiring arbitration shall propose three arbitrators to the other Party. The other Party may choose one of these arbitrators to act as single arbitrator or propose alternatives. In case the parties cannot agree on a single arbitrator within 5 business days, the Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act Act, SBC 2020, c2 (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award. NANO INNOVATIONS INC.

Appears in 1 contract

Samples: Executive Employment Agreement (Adven Inc.)

Appointments. 12.3 11.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Executive Employment Services Agreement (Uranium Energy Corp)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson such arbitrators shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act Quebec Code of Civil Procedure (the “Arbitration ActCode”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration ActCode. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater VancouverMontreal, British ColumbiaQuebec, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act Code or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.. eversign Document Hash: d71869450af040979f16d77cbc539a81 Award

Appears in 1 contract

Samples: Executive Services Agreement (Vision Marine Technologies Inc.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with the provisions of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Executive Services Agreement (Electrameccanica Vehicles Corp.)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business two calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the “Arbitration Act”). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Share Exchange Agreement (Pluris Energy Group Inc)

Appointments. 12.3 9.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business two calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business two calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (British Columbia) (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such the Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Sonic Environmental (Sonic Environmental Solutions Inc/Can)

Appointments. 12.3 The Party desiring arbitration shall appoint one (1) arbitrator, and shall notify the other Party of such appointment, and the other Party shall, within five business thirty (30) calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business thirty (30) calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party shall fail to appoint an arbitrator within five business thirty (30) calendar days after receiving notice of the appointment of the first arbitratorarbitrator then the single arbitrator shall act, and if the two (2) arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions and Rules of the British Columbia International Commercial Arbitration Act (the “Arbitration Act”)of British Columbia. Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Actprovisions and Rules. The chairpersonarbitrators, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbiaaccordance with the Rules, for the purpose of hearing the evidence and representations of the Parties, and the chairperson they shall preside over the arbitration and determine all questions of procedure not provided for by the Arbitration Act under such Rules or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Option Agreement (Azco Mining Inc)

Appointments. 12.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson chairman of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business days after receiving notice of the appointment of the first arbitrator, and or if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairpersonchairman, the chairperson chairman shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairpersonchairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson he shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Property Acquisition Agreement (Uranium Energy Corp)

Appointments. 12.3 9.3 The Party desiring arbitration shall appoint one arbitrator, and shall notify the other Party Parties of such appointment, and the other Party Parties shall, within five business ten calendar days after receiving such notice, appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within five business calendar days of the appointment of the last appointed arbitrator, unanimously agree on the appointment of a third arbitrator, to act with them and be chairperson of the arbitration herein provided for. If the other Party Parties shall fail to appoint an arbitrator within five business ten calendar days after receiving notice of the appointment of the first arbitrator, and if the two arbitrators appointed by the Parties shall be unable to agree on the appointment of the chairperson, the chairperson shall be appointed in accordance with under the provisions of the British Columbia International Commercial Arbitration Act (the "Arbitration Act"). Except as specifically otherwise provided in this section, the arbitration herein provided for shall be conducted in accordance with such Arbitration Act. The chairperson, or in the case where only one arbitrator is appointed, the single arbitrator, shall fix a time and place in Greater Vancouver, British Columbia, Canada, for the purpose of hearing the evidence and representations of the Parties, and the chairperson single arbitrator, or the arbitrators, as the case may be, shall preside over the arbitration and determine all questions of procedure not provided for by the under such Arbitration Act or this section. After hearing any evidence and representations that the Parties may submit, the single arbitrator, or the arbitrators, as the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the Parties. The expense of the arbitration shall be paid as specified in the award.

Appears in 1 contract

Samples: Equity Transfer Agreement (Miv Therapeutics Inc)

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