Common use of Referee Clause in Contracts

Referee. Before proceeding to arbitration of the Dispute, the parties shall obtain a recommendation on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows: (a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section shall be "Confidential Information" for purposes of the DBFO Agreement; (b) the Referee may, with the written approval of the parties, retain others to assist with the review; (c) the Referee will deliver to the parties a brief written recommendation on the Dispute within 10 Business Days of referral to the Referee or such longer period as agreed to in writing by both parties; (d) a recommendation of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute; (e) a Referee who has rendered a recommendation on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdiction; and (f) the Province and the Contractor will agree to release and indemnify the Referee in respect of certain claims provided the Referee has acted in good faith and in accordance with the agreement among the parties.

Referee. Before proceeding to arbitration of the Dispute, the parties shall obtain a recommendation on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows: (a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section shall be "Confidential Information" for purposes of the DBFO DBFM Agreement; (b) the Referee may, with the written approval of the parties, retain others to assist with the review; (c) the Referee will deliver to the parties a brief written recommendation on the Dispute within 10 Business Days of referral to the Referee or such longer period as agreed to in writing by both parties; (d) a recommendation of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute; (e) a Referee who has rendered a recommendation on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdictionCourt; and (f) the Province and the Contractor will agree to release and indemnify the Referee in respect of certain claims provided the Referee has acted in good faith and in accordance with the agreement among the parties.

Referee. Before proceeding to arbitration of the Dispute, the parties shall obtain a recommendation decision on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows: (a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section shall be "Confidential Information" for purposes of the DBFO Agreement; (b) the Referee may, with the written approval of the parties, retain others to assist with the review; (c) the Referee will deliver to the parties a brief written recommendation decision on the Dispute within 10 Business Days of referral to the Referee or such longer period as agreed to in writing by both parties; (d) a recommendation decision of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute; (e) a Referee who has rendered a recommendation decision on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation decision of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdiction; and (f) the Province and the Contractor parties will agree to release indemnify and indemnify save harmless the Referee in respect of certain claims provided from any liability arising from a review undertaken by the Referee has acted in good faith and in accordance with the agreement among the partiesReferee.

Referee. Before proceeding to arbitration of the Dispute, the parties shall obtain a recommendation on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows: (a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section shall be "Confidential Information" for purposes of the DBFO Agreement; (b) the Referee may, with the written approval of the parties, retain others to assist with the review; (c) the Referee will deliver to the parties a brief written recommendation on the Dispute within 10 Business Days of referral to the Referee or such longer period as agreed to in writing by both parties; (d) a recommendation of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute; (e) a Referee who has rendered a recommendation on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdictionCourt; and (f) the Province and the Contractor will agree to release and indemnify the Referee in respect of certain claims provided the Referee has acted in good faith and in accordance with the agreement among the parties.

Referee. Before proceeding to arbitration of the Dispute, the parties shall obtain a recommendation decision on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows: (a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section shall will be "Confidential Information" for purposes of the DBFO Agreement; (b) the Referee may, with the written approval of the parties, retain others to assist with the review; (c) the Referee will deliver to the parties a brief written recommendation decision on the Dispute within 10 Business Days of referral to the Referee Referee's appointment or such longer period as agreed to in writing by both parties; (d) a recommendation decision of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute; (e) a Referee who has rendered a recommendation decision on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation decision of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdiction; and (f) the Province and the Contractor parties will agree to release indemnify and indemnify save harmless the Referee in respect of certain claims provided from any liability arising from a review undertaken by the Referee has acted in good faith and in accordance with the agreement among the partiesReferee.

Referee. Before proceeding to arbitration of Court over the Dispute, the parties shall obtain a recommendation on the Dispute from a Referee. The Referee's review will not be required as a prerequisite to arbitration court proceedings where the matter in dispute has been previously considered by the Project Adjudicator appointed under Schedule 5 (Design and Plan Certification Process and Review Procedure) or if the parties agree to waive the Referee’s review. The Referee will participate in the Dispute as follows: (a) the Referee will conduct a review of the Dispute in the manner the Referee decides is most suitable, including on-site inspections and discussions with any persons. The parties will comply with all reasonable requests from the Referee for additional information and documents which the Referee considers necessary for the review. Any information given to the Referee by a party will be given to the other party. All information disclosed in accordance with this section Section shall be "Confidential Information" for purposes of the DBFO DBFM Agreement; (b) the Referee may, with the written approval of the parties, retain others to assist with the review; (c) the Referee will deliver to the parties a brief written recommendation on the Dispute within 10 Business Days of referral to the Referee or such longer period as agreed to in writing by both parties; (d) a recommendation of a Referee is not binding on the parties, and a Referee's review will be sought only for the purpose of assisting the parties to reach agreement with respect to the Dispute; (e) a Referee who has rendered a recommendation on a Dispute may not be retained by either party and may not be called by either party to give evidence with respect to the Dispute in any subsequent arbitration or court proceeding to resolve the Dispute, nor will either party refer to or enter into evidence the recommendation of the Referee in such proceeding, unless required by applicable law or by a court of competent jurisdictionCourt; and (f) the Province and the Contractor will agree to release and indemnify the Referee in respect of certain claims provided the Referee has acted in good faith and in accordance with the agreement among the parties.