Common use of Resolution by Arbitration Clause in Contracts

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton Calgary and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton Calgary and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton Calgary and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In 3.1 If a Dispute is referred to arbitration pursuant to Section 2.1 of this Schedule C, the Dispute shall be resolved by arbitration in accordance with the Arbitration Act, 1991 (Ontario). 3.2 Disputes referred to arbitration shall be resolved by a single arbitrator unless one of the Parties, by notice in writing delivered to the other Party within five (5) Business Days after a notice to arbitrate pursuant to Section 2.1 of this Schedule C has been delivered, expressly requires that the Dispute that is the subject of that notice to arbitrate be resolved by a three (3) person arbitration tribunal, in which case that particular Dispute shall be resolved by a three (3) person arbitration tribunal. 3.3 If the arbitration tribunal is comprised of a single arbitrator, the arbitrator shall be appointed as follows: (a) if the Parties agree on the arbitrator, the Parties shall jointly appoint the arbitrator as soon as possible and in any event that a dispute remains unresolved within ten (10) Business Days days after delivery of being referred the notice to arbitrate pursuant to Section 2.1 of this Schedule C; and (b) if the Parties fail to agree or jointly appoint the arbitrator within such ten (10) day period, either Party may apply to the senior management Ontario Superior Court of Justice for appointment of the parties arbitrator, in which case the court shall appoint the arbitrator at the earliest opportunity from the lists of potential arbitrators submitted to the court by the Parties, or if no list is submitted by either Party, or if the list or lists submitted do not include potential arbitrators with the necessary qualifications and experience, the court shall be entitled at its sole and absolute discretion to appoint anyone who meets the requirements set out in this Schedule C for negotiation or resolution, then either party may initiate arbitration the qualifications and experience of the dispute pursuant to arbitrator. 3.4 If the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions tribunal is comprised of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirementsthree (3) arbitrators: (a) the party seeking to initiate arbitration arbitrators shall give written notice thereof to the other party and be appointed as follows: (i) each Party shall set forth a brief description appoint one arbitrator no later than five (5) Business Days after delivery of the matter submitted for arbitrationnotice requiring a three (3) person arbitration panel pursuant to Section 3.2 of this Schedule C; (bii) if a Party fails to appoint an arbitrator within ten five (105) days of receipt Business Days after delivery of the notice of arbitrationrequiring a three (3) person arbitration panel, the parties acting other Party is entitled to apply to the Ontario Superior Court of Justice to appoint that arbitrator, in good faith which case the court shall attempt appoint that arbitrator at the earliest opportunity using a comparable process to agree upon a single arbitrator for the purposes that described in Section 3.3(b) of conducting the arbitrationthis Schedule C; (ciii) the arbitrators appointed in accordance with the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party foregoing shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.five

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten fifteen (1015) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereofof this Agreement, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten fifteen (1015) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten fifteen (1015) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city City of Edmonton Xxxxxx and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS the RHA in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the The Arbitration Act Act, 1992 (AlbertaSaskatchewan), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS the RHA shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city City of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In 3.1 If a Dispute is referred to arbitration by Section 2.1 of this Schedule C, the Dispute shall be resolved by arbitration in accordance with the Arbitration Act, 1991 (Ontario). 3.2 Disputes referred to arbitration shall be resolved by a single arbitrator unless one of the Parties, by notice in writing delivered to the other Party within five (5) Business Days after a notice to arbitrate pursuant to Section 2.1 of this Schedule C has been delivered, expressly requires that the Dispute that is the subject of that notice to arbitrate be resolved by a three (3) person arbitration tribunal, in which case that particular Dispute shall be resolved by a three (3) person arbitration tribunal. 3.3 If the arbitration tribunal is comprised of a single arbitrator, the arbitrator shall be appointed as follows: (a) if the Parties agree on the arbitrator, the Parties shall jointly appoint the arbitrator as soon as possible and in any event that a dispute remains unresolved within ten (10) Business Days days after delivery of being referred the notice to arbitrate pursuant to Section 2.1 of this Schedule C; and (b) if the Parties fail to agree or jointly appoint the arbitrator within such ten (10) day period, either Party may apply to the senior management Ontario Superior Court of Justice for appointment of the parties arbitrator, in which case the court shall appoint the arbitrator at the earliest opportunity from the lists of potential arbitrators submitted to the court by the Parties, or if no list is submitted by either Party, or if the list or lists submitted do not include potential arbitrators with the necessary qualifications and experience, the court shall be entitled at its sole and absolute discretion to appoint anyone who meets the requirements set out in this Schedule C for negotiation or resolution, then either party may initiate arbitration the qualifications and experience of the dispute pursuant to arbitrator. 3.4 If the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions tribunal is comprised of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirementsthree (3) arbitrators: (a) the party seeking arbitrators shall be appointed as follows: (i) each Party shall appoint one arbitrator no later than five (5) Business Days after delivery of the notice to initiate arbitration shall give written arbitrate pursuant to Section 2.1 of this Schedule C; (ii) if a Party fails to appoint an arbitrator within five (5) Business Days after delivery of the notice thereof to arbitrate, the other Party is entitled to apply to the Ontario Superior Court of Justice to appoint that arbitrator, in which case the court shall appoint that arbitrator at the earliest opportunity using a comparable process to that described in Section 3.3(b) of this Schedule C; (iii) the arbitrators appointed in accordance with the foregoing shall, within five (5) Business Days after their appointment, jointly appoint a third arbitrator who shall also act as the chair of the arbitration tribunal and who, in addition to all other party required qualifications, shall have experience in arbitration or judicial processes and procedures; and (iv) if the two (2) arbitrators appointed by the Parties fail to appoint a third arbitrator within the required time, either of the other two (2) arbitrators may apply to the Ontario Superior Court of Justice for appointment of the third arbitrator, in which case the court shall appoint the third arbitrator at the earliest opportunity using a comparable process to that described in Section 3.3(b) of this Schedule C; and (b) the arbitrators appointed by the Parties shall at all times be neutral and act impartially and shall set forth a brief description not act as advocates for the interests of the matter submitted for arbitrationParty who appointed them. 3.5 All arbitrators must have qualifications and experience relevant to the issues in the Dispute and also have qualifications and experience as arbitrators. 3.6 No one shall be nominated or appointed to act as an arbitrator who is or was in any way financially interested in the Project or in the business affairs of Hospital, Project Co, Contractor, Lender, Agent or any consultant, subconsultant or subcontractor of any of them. 3.7 The arbitrator(s) shall have the jurisdiction and power to: (a) amend or vary any and all rules under the Arbitration Act, 1991 (Ontario), including rules relating to time limits, either by express agreement of the Parties or, failing such agreement, as the arbitrator(s) consider appropriate and necessary in the circumstances to resolve the Dispute and render an award; (b) within ten (10) days of receipt require some or all of the notice of arbitration, the parties acting in good faith shall attempt evidence to agree upon a single arbitrator for the purposes of conducting the arbitrationbe provided by affidavit; (c) in hold a hearing at which evidence and submissions are presented by the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issueParties; (d) any arbitration conducted pursuant direct either or both Parties to this Agreement shall take place prepare and provide the arbitrator(s) with such documents or other things as the arbitrator(s) may require to assist them in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct resolution of the arbitration Dispute and the rendering of the decision by the arbitrator or the arbitration panel;an award; and (e) require either Party to supply or prepare for examination by the decision arbitrator(s) and the other Party, any document or information the arbitrator(s) considers necessary. 3.8 The place of arbitration shall at the single arbitratoroption of Hospital be the municipality in which Hospital is located or Toronto, or a majority Ontario. The language of the arbitration panelshall be English. 3.9 The costs of an arbitration are in the discretion of the arbitrator(s) who, in addition to any jurisdiction and authority under applicable law to award costs, has the jurisdiction and authority to make an order for costs on such basis as the case may bearbitrator(s) considers appropriate in the circumstances, including to award actual legal fees and disbursements and expert witness fees, and to specify or order any or all of the following: (a) the Party entitled to costs; (b) the Party who must pay the costs; (c) the amount of the costs or how that amount is to be determined; and (d) how all or part of the costs must be paid. 3.10 In exercising discretion to award costs, however, the arbitrator(s) will take into account the desire of the Parties that costs should generally be awarded to each Party in respect of all matters of procedure and with respect proportion to the matter relative success that each Party has in issue the arbitration. 3.11 The award of the arbitrator(s) shall be final and binding upon both Parties, and both Parties expressly waive all rights of appeal in connection with the parties;award of the arbitrator(s). Judgment may be entered upon the award in accordance with Applicable Law in any court having jurisdiction. 3.12 The Parties agree to and shall co-operate fully with the arbitrator(s) and proceed with the arbitration expeditiously, including in respect of any hearing, in order that an award may be rendered as soon as practicable by the arbitrator(s), given the nature of the Dispute. The arbitrator(s) shall render a decision as soon as possible and, in any event, shall use all reasonable efforts to render a decision no later than forty-five (f45) days after the costs date of the hearing, or such longer period of time as agreed to in writing by the Parties. If the arbitration tribunal is comprised of three (3) arbitrators, the decision of a majority of the arbitration tribunal shall be borne as between deemed to be the Operator decision of the arbitration tribunal, and AHS in where there is no majority decision, the manner specified in decision of the arbitrator‟s decision or, in chair of the absence of any direction by the arbitrator, costs arbitration tribunal shall be borne equally; (g) except as modified by this Agreement, deemed to be the provisions decision of the Arbitration Act (Alberta), as amended from time arbitration tribunal. 3.13 This Schedule C constitutes an agreement to time, arbitrate that shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditionsbe specifically enforceable.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton Calgary, Alberta and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel;; CPSM COPY (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In (i) If Buyer and Seller do not resolve to their mutual satisfaction all disputed adjustments in the event that a dispute remains unresolved Notice of Disagreement within ten twenty-five (1025) Business Days of being referred to days following the senior management of the parties meeting provided for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of in Section 17.3 hereof2.07(f), any dispute remaining disputed adjustments that has proceeded through senior management without resolution shall were included in the Notice of Disagreement will be submitted for arbitration settled by an independent accounting firm of national reputation mutually acceptable to Buyer and Seller (such accounting firm being the “Arbitrator”) in accordance with the following requirementsprovisions of this Section 2.07(g). (ii) On or prior to the thirtieth (30th) day following the meeting provided for in Section 2.07(f), Seller will furnish the Arbitrator with a copy of this Agreement, the Financial Statements, the Closing Statement, the Notice of Disagreement and any other relevant correspondence between the parties. Buyer and Seller will also give the Arbitrator: (aA) the party seeking to initiate arbitration shall give written notice thereof to the other party position papers outlining such Party’s respective arguments and shall set forth a brief description of the matter submitted supporting documentation for arbitration; (b) within ten (10) days of receipt of the notice of arbitrationsuch Party’s position; provided, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event however, that the parties cannot agree upon a single arbitrator within the period Buyer’s positions, arguments and computations must match those set forth in the Closing Statement or agreed to with Seller pursuant to Section 17.2(b2.07(f) aboveabove (and the Arbitrator will not consider any that do not so match), then and Seller’s positions, arguments and computations must match those set forth in the party initiating Notice of Disagreement or agreed to with Buyer pursuant to Section 2.07(f) above (and the arbitration shall forthwith nominate one arbitrator Arbitrator will not consider any that do not so match); and (B) access to the books and thereupon notify records of the Business, including any work papers or other party schedules prepared by such Party’s accountants (subject to compliance with such Party’s accountants’ customary procedures for release) relating to the preparation of the Closing Statement and the Notice of Disagreement. (iii) The Arbitrator’s engagement will be limited to (A) reviewing the Closing Statement and the amounts placed in dispute by the Notice of Disagreement pursuant to Section 2.07(d)(ii); (B) determining (1) whether Buyer’s proposed amount for each individual item in the Closing Statement or Seller’s proposed adjustment thereto in the Notice of Disagreement is calculated more nearly in accordance with Section 2.07(c) and (2) whether there were mathematical errors in the Closing Statement; (C) preparing the Final Statement, which will include those amounts in the Closing Statement agreed to in writing by Buyer and Seller pursuant to Section 2.07(f), and those amounts determined by the Arbitrator to be calculated more nearly in accordance with Section 2.07(c); and (D) calculating the Final Working Capital. The fees and expenses of such nomination the Arbitrator will be borne by Seller and Buyer in inverse proportion as they may prevail on matters resolved by the Arbitrator, which proportionate allocations will also be determined by the Arbitrator at the time the determination of the Arbitrator is rendered on the Final Statement and the other party shall, within ten Final Working Capital. (10iv) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably instruct the Arbitrator to (A) complete its preparation of the Final Statement and in good faith the Final Working Capital within twenty-five (25) days from the date of submission of the disputed adjustments to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted Arbitrator pursuant to this Agreement shall take place in Section 2.07(g)(ii) and (B) deliver promptly thereafter a copy of the city of Edmonton Final Statement and the parties shall meet Final Working Capital to Seller and Buyer, together with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration a report setting forth each disputed adjustment and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and Arbitrator’s determination with respect to the matter in issue shall thereto. The Arbitrator’s determination will be final conclusive and binding upon the parties; (f) the costs parties and may be entered and enforced in any court of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditionscompetent jurisdiction.

Resolution by Arbitration. In Following the event that a dispute remains unresolved within ten (10) Business Days of being referred Negotiation Period, either Party may request arbitration to resolve any Dispute by providing written notice to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereofother Party (“Arbitration Notice”). Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution Arbitration shall be submitted for settled by one arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The Parties shall endeavor to agree upon the following requirements: arbitrator, and if they fail to do so within twenty-one (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (1021) days of receipt of the notice Arbitration Notice, the appointment shall be made by the AAA. The place, or legal seat of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) abovebe New York, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination New York, and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs language of the arbitration shall be borne English. The arbitrator shall issue a reasoned award. The arbitrator shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as between a final award. The arbitrator shall not have power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award punitive damages. Nothing herein shall authorize the Operator arbitrator to act as amiable compositeurs or to proceed ex aequo et xxxx. Each Party hereto retains the right to seek interim measures from a judicial authority, and AHS in any such request shall not be deemed incompatible with the manner specified in agreement to arbitrate or a waiver of the arbitrator‟s decision orright to arbitrate. The arbitrator shall award the prevailing Party, in the absence of if any direction as determined by the arbitrator, costs its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. All information concerning an arbitration shall be borne equally; treated as Confidential Information of each Party. Any documentary or other evidence given by any Party or witness in any arbitration shall be treated as confidential by any Party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any Third Party (g) other than a witness or expert), except as modified may be required by this Agreement, law. Any Party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution judicial record of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditionssuch proceeding sealed to the extent permitted by law.

Resolution by Arbitration. ‌ In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereof, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city of Edmonton Edmonton, Alberta and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel.; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.

Resolution by Arbitration. In the event that (a) If a dispute Dispute remains unresolved within ten following negotiations among the Shareholders, (10) Business Days of being referred unless the Dispute requires immediate action to prevent damage to any Shareholder or the senior management of the parties for negotiation or resolutionCompany, in which case no negotiations will be required), then either party Shareholder may initiate arbitration at any time thereafter, by written notice to the other Shareholder, require that such Dispute (other than a Dispute which arises as a result of any failure of the dispute pursuant Board to reach an agreement with respect to decisions in accordance with Section 5.4) be resolved by arbitration in New York, New York (or such other location as the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereofParties may mutually agree), any dispute that has proceeded through senior management without resolution shall be submitted for arbitration conducted in accordance with the following requirements: (a) Commercial Arbitration Rules of the American Arbitration Association, as such rules are in effect in New York, New York on the date of delivery of demand for arbitration. The arbitration of any such issue, including the determination of the amount of any damages suffered by either party seeking to initiate arbitration hereto by reason of the acts or omissions of the other, shall give written notice thereof be to the other exclusion of any court of law. Notwithstanding the foregoing, either party and shall set forth hereto may seek any provisional remedy in a brief description of court, including but not limited to an action for injunctive relief or attachment, without waiving the matter submitted for right to arbitration;. (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single The arbitrator retained for the purposes of conducting any dispute resolution contemplated by this Agreement (the arbitration;“Arbitrator”) shall be appointed as follows: (i) if the Shareholders agree on an Arbitrator, the Shareholders shall jointly appoint the Arbitrator as soon as possible and, in any event, within five Business Days after delivery of the notice requiring that the Dispute be resolved by an Arbitrator (the “Arbitrator Appointment Deadline”); and (ii) if the Shareholders fail to agree or fail to jointly appoint the Arbitrator by the Arbitrator Appointment Deadline, the Arbitrator shall be appointed by the American Arbitration Association, and shall be an experienced attorney. (c) The Arbitrator shall be impartial and independent of the Shareholders or any consultant, sub-consultant, contractor or subcontractor of either of them in accordance with the event that Commercial Arbitration Rules of the parties canAmerican Arbitration Association. The Arbitrator shall at all times be neutral and act impartially and shall not agree upon a single arbitrator within act as advocates for the period set forth in Section 17.2(b) above, then interests of the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with who appointed them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue;. (d) any arbitration conducted pursuant The Arbitrator will be appointed on a Dispute by Dispute basis, with each Arbitrator having the qualifications and experience relevant to this Agreement shall take place the issues in the city of Edmonton and particular Dispute for which the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panelArbitrator, as the case may be, is appointed. (e) The Arbitrator shall determine the appropriate process for timely and cost effective resolution of the Dispute and, without limitation, the Arbitrator has discretion to, among other things: (i) solicit submissions and Documents from both parties, and impose deadlines for the receipt of such submissions; (ii) require some or all of the evidence to be provided by affidavit; (iii) direct either or both Shareholders to prepare and provide the Arbitrator with such Documents or other things as the Arbitrator may require to assist it/them in respect the resolution of all matters the Dispute and rendering of procedure a decision (subject to legal rights of privacy of each Party); (iv) require either Shareholder to supply or prepare for examination by the Arbitrator and with respect the other Shareholder, any document or information the Arbitrator considers necessary; (v) convene meetings of the Shareholders to have the Shareholders discuss the issues in Dispute in the presence of the Arbitrator; and (vi) take, or require either or both Shareholders to take and provide to the matter Arbitrator such measurements, perform such tests, audit such processes and procedures, and take any and all such other measures and steps as the Arbitrator considers necessary to make a final determination in issue shall be final and binding upon the parties;Dispute. (f) The Arbitrator shall render a decision as soon as possible and, in any event, shall use all reasonable efforts to render a decision no later than ten Business Days after the date of the appointment of the Arbitrator or such longer period of time as agreed to in writing by the Parties. The Arbitrator shall give reasons or a summary of reasons for the Arbitrator’s decision. (g) The Arbitrator and the Parties (subject to any legally mandated disclosure) shall keep all information about the Dispute confidential and shall not disclose such information to anyone other than the Shareholders. (h) The Shareholders agree that the Arbitrator’s determination shall be final or binding on the Shareholders and neither Shareholder shall be entitled to appeal such determination, except as may be permitted by Applicable Law in the State of New York. (i) While the Dispute remains outstanding, both Shareholders shall continue to perform their respective obligations, duties and responsibilities under this Agreement. (j) The Arbitrator shall be authorized only to interpret and apply the provisions of this Agreement and, except as expressly provided herein, has no power or authority to modify or change this Agreement in any manner. (k) The Arbitrator may decide which Shareholder will bear the costs of the arbitration shall be borne as Dispute Resolution Procedures including the fees and disbursements of the Arbitrator, any other costs of the Dispute Resolution Procedures and the costs and expenses of the nature contemplated in Section 13.2 incurred by the successful Shareholder in connection with the Dispute Resolution Procedures. The Arbitrator may apportion such costs between the Operator Shareholders if the Arbitrator considers it just and AHS reasonable to do so in the manner specified in the arbitrator‟s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the Arbitration Act (Alberta), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditionscircumstances.

Resolution by Arbitration. ‌ In the event that a dispute remains unresolved within ten (10) Business Days of being referred to the senior management of the parties for negotiation or resolution, then either party may initiate arbitration of the dispute pursuant to the terms hereof. Subject to any matters or issues specifically excluded from arbitration pursuant to the provisions of Section 17.3 hereofof this Agreement, any dispute that has proceeded through senior management without resolution shall be submitted for arbitration in accordance with the following requirements: (a) the party seeking to initiate arbitration shall give written notice thereof to the other party and shall set forth a brief description of the matter submitted for arbitration; (b) within ten (10) days of receipt of the notice of arbitration, the parties acting in good faith shall attempt to agree upon a single arbitrator for the purposes of conducting the arbitration; (c) in the event that the parties cannot agree upon a single arbitrator within the period set forth in Section 17.2(b) above, then the party initiating the arbitration shall forthwith nominate one arbitrator and thereupon notify the other party in writing of such nomination and the other party shall, within ten (10) days of receipt of such notice of nomination, nominate one arbitrator and the two arbitrators so nominated shall select a third arbitrator to act as chairman of the arbitration tribunal to act jointly with them. The parties will act reasonably and in good faith to select arbitrators who are objective and who are suitably qualified by education or experience to deal with the matters in issue; (d) any arbitration conducted pursuant to this Agreement shall take place in the city City of Edmonton Xxxxxx and the parties shall meet with the arbitrator or the arbitration panel as the case may be, in order to establish procedures which shall govern the conduct of the arbitration and the rendering of the decision by the arbitrator or the arbitration panel; (e) the decision of the single arbitrator, or a majority of the arbitration panel, as the case may be, in respect of all matters of procedure and with respect to the matter in issue shall be final and binding upon the parties; (f) the costs of the arbitration shall be borne as between the Operator and AHS the RHA in the manner specified in the arbitrator‟s arbitrator’s decision or, in the absence of any direction by the arbitrator, costs shall be borne equally; (g) except as modified by this Agreement, the provisions of the The Arbitration Act Act, 1992 (AlbertaSaskatchewan), as amended from time to time, shall govern the arbitration process; and (h) the Operator and AHS the RHA shall continue the performance of their respective obligations during the resolution of any dispute or disagreement, including during any period of arbitration, unless and until this Agreement is terminated or expires in accordance with its terms and conditions.