Procedure for Appointment. (a) MCD shall prior to the execution of this Agreement, call for financial bids from at least five (5) Persons, requiring them to quote the annual fee payable to them and thereafter select and take necessary steps to appoint the Person quoting the lowest annual fee to act as Independent Consultant for the Project. MCD shall endeavour to complete the process of appointment of the Independent Consultant within 30 days hereof. The scope of work of the Independent Consultant is set out in Schedule F.
(b) The initial term of the Independent Consultant shall extend upto 3 years, which term may be renewed/extended for a period not exceeding 2 years at a time.
Procedure for Appointment. The Party seeking to resolve the dispute shall file in the court and serve on the other Party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by Applicable Law or as otherwise provided in this Agreement. At any time after service of the complaint, any Party may apply to the court to refer the dispute to a special referee. Thereafter, the Parties shall use their best efforts to agree upon the selection of a special referee. If the Parties are unable to agree upon a referee within ten (10) days after a written request to do so by any Party, then any Party may petition the court in which the action is filed or to the judge to whom the matter has been assigned (the “Judge”) to appoint a special referee, which appointment shall be binding on the Parties. For the guidance of the court or Judge making the appointment of the special referee, the Parties agree that the person so appointed shall be a member of the California Bar experienced in the subject matter of the dispute.
Procedure for Appointment. The procedure for the appointment of the Expert shall be as follows:
(a) The Party initiating Expert Determination shall give written notice to that effect to the other Party and with such notice shall give specific details of the Dispute to be resolved by the Expert.
(b) The Parties shall endeavor to agree on a Person to act as the Expert to whom the Dispute shall be referred for determination.
(c) Notwithstanding the provisions of Article 19.3.1(b), if within fourteen (14) days from the delivery of the notice initiating the Expert Determination, the Parties have failed to agree upon the Expert to be appointed pursuant to Article 19.3.1(b), then the LCIA shall serve as appointing authority to appoint the Expert. Either Party may submit a written application to the LCIA, with a copy to the other Party, detailing the nature of the Dispute and the issues to be determined, setting out any matters the applicant may wish to bring to the attention of the LCIA for the purposes of making the appointment. Within ten (10) days of the submission of the Application to the LCIA, the other Party shall submit to the LCIA a reply to the Application. Within fourteen (14) days from the time of the reply to the application, the LCIA shall appoint a person to act as Expert, and in so doing the LCIA may take such independent advice as it thinks fit.
(d) The Expert Determination shall be administered by the LCIA, which shall act as appointing authority and determine any challenges brought to the Expert. The LCIA’s charges shall be in accordance with its schedule of arbitration fees and costs (Schedule of Fees) as in effect at the time the Expert Determination proceeding is initiated.
(e) Prior to his appointment, the Expert shall provide the LCIA with a resumé of his experience, qualifications, and prior and present professional positions; shall agree in writing to a fee rate in accordance with the LCIA Schedule of Costs as then in effect; and shall sign a declaration to the effect that there are no circumstances known to him likely to give rise to any reasonable doubt regarding his independence and impartiality. The expert shall undertake a continuing obligation to disclose to the LCIA and the Parties any circumstances which may give rise to any reasonable doubt regarding his independence and impartiality after his appointment and before the conclusion of the Expert Determination.
(f) If circumstances exist giving rise to justifiable doubts about the Expert’s independence or i...
Procedure for Appointment. (a) NHIDCL as per the office order has appointed who is working in the capacity of ………………………………. with as the Independent Engineer for the Project for the Construction Period and its services shall continue until the date of COD.
(b) The scope of work of the Independent Engineer shall include that set out in Schedule 5.
Procedure for Appointment. The Authority shall appoint a consulting engineering firm from a panel offirms or bodies corporate, constituted by the Authority substantially in accordance with the selection criteria set forth in Schedule-5, to be the independent consultant under this Agreement (the “Project Engineer”). The appointment shall be made no later than 15 (fifteen) days from the date of this Agreement and shall be for a period of 3 (three) years. On expiry or termination of the aforesaid period, the Authority may in its discretion renew the appointment, or appoint another firm from a fresh panel constituted pursuant to Schedule-5 to be the Project Engineer for a term of 3 (three) years, and such procedure shall be repeated after expiry of each appointment.
Procedure for Appointment. (a) JTDCL shall within 15 days from the Appointed Date appoint a third party inspector (the “Third Party Inspector”) to monitor the construction work of the Developer and to certify the payment to be made to the Developer in accordance with this Agreement. JTDCL may appoint more third party inspector as per requirement.
(b) The term of the Third Party Inspector shall extend upto one year after the Commercial Operation Date.
Procedure for Appointment. (a) EDMC shall nominate a Veterinary Doctor as EDMC’s representative in- charge for overseeing the operations of the complex. The EDMC’s representative may be designated as either the “Plant Manager” or any other suitable designation. The scope of nature of work of the EDMC’s Representative/Plant Manager is set out in Schedule III.
Procedure for Appointment. At any time while there is not already a Holders' Agent, the Company may appoint as a Holders' Agent a Person that satisfies the requirements of TIA section 310(a)(1) by notice to the Holders. Further, if the Company fails to appoint a Holders' Agent within 20 days following its receipt of a request to do so signed by Holders of at least 25% in principal amount of the Securities, the Holders may proceed to appoint a Holders' Agent, pursuant to a meeting of the Holders described below or without prior notice to the Company or the other Holders, by a written consent executed by Holders of a majority in principal amount of the Securities. At any time that there is not an appointed Holders' Agent, the Secretary of the Company may, and on the written request of the Holders of 25% in principal amount of the Securities shall, within 20 days, by notifying each Holder, call a meeting of the Holders for the purpose of having the Senior Note holders designate a Holders' Agent. Any such meeting will be held on a date between 30 and 45 days after the date of the notice, at the location specified by the Company in the notice. At any meeting of the Holders for the purpose of appointing the Holders' Agent, the presence in person or by proxy of the Holders of at least 50% in principal amount of the Securities will constitute a quorum of the Holders. The vote of a majority in principal amount of the Holders present at the meeting in person or by proxy will be sufficient to designate the Holders' Agent. Following its selection, the Holders' Agent shall deliver to the Company a written acceptance of its appointment. Thereupon the appointment of the Holders' Agent will become effective, and the Holders' Agent will have all the rights, powers, and duties of the Holders' Agent under this Agreement. A Holders' Agent appointed by the Holders need not have corporate trust powers that satisfy the requirements of the Trust Indenture Act. The Company shall promptly mail to the Securityholders a notice of the appointment of a Holders' Agent. The Holders' Agent will hold office until resignation or removal from office pursuant to section 7.03.
Procedure for Appointment. BNN and CONCESSIONAIRE shall in consultation appoint a panel of experts consisting of waste/environmental experts, legal expert, chartered accountant, etc. for continuous monitoring and supervision of the project facility, from inception till processing. The initial term of the Independent Consultant shall be 3 years, which may be renewed/ extended for a period not exceeding 2 years at a time.
Procedure for Appointment. MCD prior to the execution of this Agreement shall call for financial bids from at least five
