Joint Appointee. (a) Both the Company (acting through the Board and the Governance and Nominating Committee of the Board) and the SailingStone Parties shall have the ability to recommend to the other party a director candidate(s) for appointment to the Board (subject to the criteria set forth in paragraph (c) below) and shall consider in good faith any director candidate(s) proposed by the other party for such directorship. Upon the recommendation of a director candidate by the Company or the SailingStone Parties, as applicable (a “Submitting Party”) to the other Party (the “Receiving Party”), the Receiving Party shall notify the Submitting Party as promptly as reasonably practicable whether or not such Receiving Party consents to the recommendation of such Submitting Party. If such Receiving Party does not consent to the recommendation of such Submitting Party (it being understood that a Receiving Party may withhold its consent in its sole discretion), each of the Company and the SailingStone Parties shall have the right to continue to recommend to the other Party additional director candidates, which the other Party shall consider in good faith and on an as promptly as reasonably practicable basis, and the Parties shall continue to follow the procedures of this Section 1.1(a) until the Company and the SailingStone Parties mutually agree on a director candidate to be appointed to the Board (such candidate, the “Joint Appointee”). The Joint Appointee shall be elected to the Board as promptly as reasonably practicable after such mutual agreement by the Company and the SailingStone Parties.
Joint Appointee. (a) The Province and the Partnership shall, forthwith after the Effective Date, and annually thereafter, mutually appoint a Person, not in the employ of or contracted to the Province, BCLC or any other Agent of the Province, or of the Partnership, any Limited Partner or any of the Eligible First Nations, who shall be a certified general or chartered accountant or a firm of certified general or chartered accountants, unless otherwise mutually agreed, to act as the joint appointee of the Parties for the purposes of this Agreement (the “Joint Appointee”).
Joint Appointee. (a) The Province and OFNLP 2008 shall, on or before the Effective Date, and annually thereafter, mutually appoint a person, not in the employ of the Province, OLG or any other Agent of the Province, or of OFNLP, OFNLP 2008, any OFNLP Limited Partner or OFNLP 2008 Limited Partner or any of the First Nations in Ontario, who shall be a certified general or chartered accountant, unless otherwise mutually agreed, to act as the joint appointee of the parties for the purposes of this Agreement (the "Joint Appointee"). The appointment of the Joint Appointee shall be pursuant to and be upon the terms set out in a formal written retainer agreement agreed among the Province, OFNLP 2008 and such Joint Appointee and shall continue until a replacement is appointed by the Province and OFNLP 2008 and such replacement has accepted his or her appointment. If the Province and OFNLP 2008 cannot agree on the appointment of the Joint Appointee or a replacement appointee, then such appointment shall be referred to the Arbitrators pursuant to section 9.2 and such Arbitrators shall have the authority to appoint the Joint Appointee or the replacement appointee. The Joint Appointee will operate with the authority granted to it under and in accordance with the provisions of this Agreement and the formal written retainer agreement with the Joint Appointee shall provide that the Joint Appointee shall perform the duties and obligations of the Joint Appointee set out in this Agreement.
Joint Appointee. 4.4.1 The Province and OFN Limited Partnership shall, within 120 days of the date of this Agreement, within 60 days after the second anniversary date hereof, and annually thereafter, mutually appoint a person, not in the employ of the Province or of the Ontario First Nations, who shall be a certified general or chartered accountant, unless otherwise mutually agreed, to act as the joint appointee of the parties for the purposes of this Agreement (the "Joint Appointee"). The appointment of the Joint Appointee shall continue until a replacement is appointed by the Province and OFN Limited Partnership or pursuant to an order of an arbitrator under Section 9.3 and the replacement has accepted his or her appointment. The Joint Appointee will operate with the authority granted to him or her under this Agreement, and will act in accordance with the provisions of Sections 3.3.3, 4.5, 4.6, 4.7 and 9.8 relating to compliance with the provisions of Articles 3 and 4 and Section 7.5 of this Agreement. OFN Limited Partnership will consult with MFN Limited Partnership with respect to any appointment under this Section 4.4.1.
