Designation of Umpire Sample Clauses

Designation of Umpire. (a) If the difference between the results of the Buyer’s and Seller’s assays described in Section 10.2 exceeds the applicable Splitting Limit, then either Seller or Buyer shall have the right, exercisable by notice to the other, to refer the matter in rotation Lot by Lot, to one of the designated Umpires. (b) The first two Umpires listed in Schedule “B” shall be designated for this purpose until the end of the First Contract Year and thereafter Seller and Buyer shall jointly designate two of the Umpires to act as such for each successive Contract Year. (c) The list of Umpires in Schedule “B” shall be regularly updated by Seller and Buyer as they may agree from time to time. (d) If neither Party shall so refer the matter to the Umpire within 20 days after the date of exchange of such results, the mean of such results of Seller and Buyer shall be final and binding upon the Parties.
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Designation of Umpire. If such results show that the difference between Seller's and Buyer's assays for the copper, gold or silver exceeds the applicable limit specified in Section 13.1, either Seller or Buyer shall have the right, exercisable by notice to the other, to refer the matter to an umpire mutually acceptable to the parties, which acceptance shall not be unreasonably refused. If neither Seller nor Buyer shall so refer the matter to the umpire within 10 days after the date of exchange of such results, the mean of such results shall be final and binding upon the parties hereto.
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Designation of Umpire. (a) If the results of the assays described in Section 9.2 show that the difference between the Seller’s and the Purchasers’ Agent’s assays for any Lot in each Parcel for Payable Metals and/or Penalty Elements exceeds the applicable Splitting Limit specified in Section 9.2(c), then (unless the Parties agree on the assays in which event the agreed assays shall be conclusive) either the Seller or the Purchasers’ Agent shall have the right, exercisable by notice to the other, to refer the matter to one of the Umpires set out below (the “Umpire”), with such Umpire to be used in rotation on a Parcel by Parcel basis, provided that no such Umpire shall act as umpire if they are nominated as the Representative of the Seller and/or the Purchasers’ Agent at the weighing, sampling and moisture determination operations and/or they carry out, for either or both Parties, the analysis for the assay exchange. For purposes of this Agreement, the designated Umpires shall be: Xxxxxx X. Xxxxxx International Ltd. Kings Business Park Prescot, Knowsley, L34 1PJ UK Xxxx Xxxxxxx (International) Corporation (ASIC UK) 20 Sefton Business Park, Aintree, Liverpool Merseyside, England L30 1RD Bureau Veritas Commodities UK Ltd. 0 Xxxxx Xxxx, Witham, Essex, England CMB8 3TU SGS Nederland B.V. Mineral Services Malledijk 18 /PO Box 200 3208 LA /3200 AE Spijkenisse The Netherlands or such other Umpire as the Parties may agree. (b) If neither the Seller nor the Purchasers’ Agent shall so refer the matter to the Umpire within 20 (twenty) days after the date of exchange of such results as are referred to in Section 9.3(a), the mean of such results of the Seller and the Purchasers shall be final and binding upon the Parties.
Sample 1
Designation of Umpire. (a) If the results of the assays described in Section 9.2 show that the difference between the Seller’s and the Purchasers’ Agent’s assays for any Lot in each Parcel for Payable Metals and/or Penalty Elements exceeds the applicable Splitting Limit specified in Section 9.2(c), then (unless the Parties agree on the assays in which event the agreed assays shall be conclusive) either the Seller or the Purchasers’ Agent shall have the right, exercisable by notice to the other, to refer the matter to one of the Umpires set out below (the “Umpire”), with such Umpire to be used in rotation on a Parcel by Parcel basis, provided that no such Umpire shall act as umpire if they are nominated as the Representative of the Seller and/or the Purchasers’ Agent at the weighing, sampling and moisture determination operations and/or they carry out, for either or both Parties, the analysis for the assay exchange. For purposes of this Agreement, the designated Umpires shall be:
Sample 1
Designation of Umpire. (a) If the difference between the results of the Buyer’s and Seller’s assays described in Section 10.2 exceeds the applicable Splitting Limit, then either Seller or Buyer shall have the right, exercisable by notice to the other, to refer the matter in to one of the designated Umpires. (b) The two Umpires listed in Schedule "B" shall be designated for this purpose. [**] - Indicates certain information has been redacted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. (c) If neither Party shall so refer the matter to the Umpire within 20 days after the date of exchange of such results, the mean of such results of Seller and Buyer shall be final and binding upon the Parties.
Sample 1

Related to Designation of Umpire

  • Designation of REMIC(s) As provided in Section 10.03 of the Series Supplement.

  • Designation of Agent Each Participating Employer shall be deemed to be a party to this Plan; provided, however, that with respect to all of its relations with the Trustee and Administrator for the purpose of this Plan, each Participating Employer shall be deemed to have designated irrevocably the Employer as its agent. Unless the context of the Plan clearly indicates the contrary, the word "Employer" shall be deemed to include each Participating Employer as related to its adoption of the Plan.

  • Designation of Start-up Day The Closing Date is hereby designated as the "start-up day" of each of the Upper-Tier REMIC and Lower-Tier REMIC within the meaning of Section 860G(a)(9) of the Code.

  • Designation of Beneficiaries The Executive may designate any person to receive any benefits payable under the Agreement upon the Executive’s death, and the designation may be changed from time to time by the Executive by filing a new designation. Each designation will revoke all prior designations by the Executive, shall be in the form prescribed by the Administrator and shall be effective only when filed in writing with the Administrator during the Executive’s lifetime. If the Executive names someone other than the Executive’s spouse as a Beneficiary, the Administrator may, in its sole discretion, determine that spousal consent is required to be provided in a form designated by the Administrator, executed by the Executive’s spouse and returned to the Administrator. The Executive’s beneficiary designation shall be deemed automatically revoked if the Beneficiary predeceases the Executive or if the Executive names a spouse as Beneficiary and the marriage is subsequently dissolved.

  • Resignation of NCPS NCPS may resign and be discharged from the performance of its duties hereunder at any time by giving fifteen (15) business days prior written notice to the Broker and the Issuer specifying a date when such resignation shall take effect. Upon any such notice of resignation, the Broker and Issuer jointly shall appoint a successor NCPS hereunder prior to the effective date of such resignation. The retiring NCPS shall transmit all records pertaining to the Escrow Funds and shall pay all Escrow Funds to the successor NCPS, after making copies of such records as the retiring NCPS deems advisable. After any retiring NCPS’s resignation, the provisions of this Escrow Agreement shall inure to its benefit as to any actions taken or omitted to be taken by it while it was escrow agent under this Escrow Agreement. Any corporation or association into which NCPS may be merged or converted or with which it may be consolidated shall be the escrow agent under this Escrow Agreement without further act.

  • Certification of Non-Foreign Status Each Limited Partner or transferee of an Interest or a portion of an Interest from a Limited Partner who or that is admitted to the Partnership in accordance with this Agreement will certify, upon admission to the Partnership and at any other time as the General Partner may request, whether the Limited Partner or transferee is a “United States Person” within the meaning of the Code on forms to be provided by the Partnership, and will notify the Partnership within 30 days of any change in the status of the Limited Partner or transferee. Any Limited Partner or transferee who or that fails to provide certification when requested to do so by the General Partner may be treated as a non-United States Person for purposes of U.S. Federal tax withholding.

  • Designation of Representatives 9.2.1 TxDOT and DB Contractor shall each designate Authorized Representative(s) who shall be authorized to make decisions and bind the Parties on matters relating to the Contract Documents. Exhibit 19 hereto provides the initial Authorized Representative designations. Such designations may be changed by a subsequent writing delivered to the other Party in accordance with Section 9.1. 9.2.2 The Parties may also designate technical representatives who shall be authorized to investigate and report on matters relating to the administration, design and construction of the Project and negotiate on behalf of each of the Parties, but who do not have authority to bind TxDOT or DB Contractor.

  • Establishment and Designation of Series The establishment and designation of any Series or class of Shares shall be effective upon the resolution by a majority of the then Board of Trustees, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class. Each such resolution shall be incorporated herein by reference upon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records on the books of the Trust, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Shares of each Series or class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences: (a) Assets Held with Respect to a Particular Series. All consideration received by the Trust for the issue or sale of Shares of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably be held with respect to that Series for all purposes, subject only to the rights of creditors with respect to that Series, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits and proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, are herein referred to as "assets held with respect to" that Series. In the event that there are any assets, income, earnings, profits and proceeds thereof, funds or payments which are not readily identifiable as assets held with respect to any particular Series (collectively "General Assets"), the Board of Trustees shall allocate such General Assets to, between or among any one or more of the Series in such manner and on such basis as the Board of Trustees, in its sole discretion, deems fair and equitable, and any General Asset so allocated to a particular Series shall be held with respect to that Series. Each such allocation by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.

  • Designation of Beneficiary The depositor may designate a beneficiary or beneficiaries to receive benefits from the custodial account in the event of the depositor’s death. In the event the depositor has not designated a beneficiary, or if all beneficiaries shall predecease the depositor, the following persons shall take in the order named: a. The spouse of the depositor; b. If the spouse shall predecease the depositor or if the depositor does not have a spouse, then to the depositor’s estate.

  • Designation and Number A series of Partnership Units in the Partnership designated as the 7.75% Series D Cumulative Redeemable Preferred Units (the "Series D Preferred Units") is hereby established. The number of Series D Preferred Units shall be 1,595,337.

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