Survey Procedure Sample Clauses

Survey Procedure. 1. If any Party undertakes a field survey of a part of Maa-nulth First Nation Lands boundary in accordance with either 2.5.0 or 2.6.0, the Party instigating or in charge of the survey will provide notice to the Surveyor General of British Columbia of the intention to undertake such field survey. 2. Following receipt of a notice under paragraph 1, the Surveyor General of British Columbia will prepare survey instructions and, once approved by the affected Parties, issue survey instructions to the Land Surveyor designated to undertake the survey. 3. The Land Surveyor will provide copies of any survey returns, prepared in accordance with a designation under paragraph 2, to the Surveyor General of British Columbia and to the affected Parties. 4. Within 30 days after a Party receives a copy of the survey return from the Land Surveyor, the Party will provide, in writing, to the Surveyor General of British Columbia, its approval of the survey return or any recommendation of that Party. 5. If the affected Parties approve the survey return, the Surveyor General of British Columbia will request the Land Surveyor to submit the final plan to the Surveyor General of British Columbia for confirmation. 6. If the affected Parties recommend the issuance of further instructions to the Land Surveyor, the Surveyor General of British Columbia will, as soon as practicable, compile any recommendations received in respect to the survey return and submit the further instructions to the affected Parties for approval. 7. Upon receipt of the approval referred to in paragraph 6, the Surveyor General of British Columbia will then issue further instructions to the Land Surveyor to amend the survey return. 8. Upon receipt of the amended survey return, the Surveyor General of British Columbia will seek written consent to the amendments from the affected Parties. 9. Upon receipt of consent under paragraph 0, xxx Xxxxxxxx Xxxxxxx xx Xxxxxxx Xxxxxxxx will request the Land Surveyor to submit the final plan to the Surveyor General of British Columbia for confirmation. 10. Upon confirmation of the final plan, the Surveyor General of British Columbia will file one copy of the plan in the Crown land registry and will forward one copy to each of the affected Parties. SITE DESCRIPTION DEEMED USE OF SITE AS PER ENVIRONMENTAL MANAGAMENT ACT 1. All that portion of the Maa-nulth First Nation Lands of the Toquaht Nation described as “Subject Lands” in Appendix B-3, Part 2(a), Plan 2 lying within the foll...
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Survey Procedure. (a) Unless otherwise agreed between the Parties and depending on the availability of the Anthropologist, the Survey must commence within 15 days from the date of payment of the approved estimate envisaged in sub-clause 4.4(b)(ii). The Survey Team will as appropriate: (i) establish and agree on dates and times when the Survey will be conducted and undertake visit(s) to the Survey Area; (ii) identify any Aboriginal Sites in the Survey Area or, in the case of a Site Avoidance Survey, determine the area(s) to be avoided during the conduct of Ground Disturbance Works; (iii) record the location and external boundaries of all Aboriginal Sites or, in the case of a Site Avoidance Survey, the area(s) to be avoided using a Differential GPS; (iv) record relevant site information or Avoidance Area detail on an official DIA Site Recording Form and/or, if the Representatives agree, Parts 1 and 3 of the Final Survey Report; (v) xxxx identified Aboriginal Sites or Avoidance Areas (as the case may be) on the topographic and tenement maps referred to in sub-clause 4.1(d)(ii) with sufficient clarity and detail to enable the Grantee Party to rely on it to commence Ground Disturbance works; (vi) outline and determine recommendations for the protection and management of any Aboriginal Site or Avoidance Area; (vii) consult, if necessary, with other members of the Native Title Party; and (viii) prepare a written Survey Report in the form described in clause 4.6. (b) Unless the Parties agree otherwise, the Survey Team members must initial the map referred to in sub-clause (a)(v) and, provided that sub-clause 4.4(c) had been complied with by the Grantee Party, hand a copy of it to the Grantee Party. (c) To the extent necessary, the Grantee Party will be responsible for obtaining any permits to ensure access to the land or waters covered by the Mining Tenement to enable the Survey to be conducted.
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Survey Procedure. Subject to clause 8.3, if the association gives a notice under clause 8.1, the mapping survey will be undertaken in accordance with the mapping survey procedures.
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Survey Procedure. 15.1 All claims for survey or disputes between the parties to the contract in respect of quality and/or quantity of the Goods shall be referred to the arbitration of two registered surveyors. One to be appointed by each party. 15.2 The party claiming for surveyor as regards a dispute in respect of quality must appoint and instruct its surveyor and give notice of such appointment to the other party within thirty (30) calendar days of the date of completion of final discharge of the goods at final destination stated in the Confirmation. 15.3 If either party to a claim for survey or a dispute in respect of quality and/or quantity refuses or neglects to appoint and instruct a surveyor within five (5) days after receiving notice in writing from the other party calling upon it to do so, such other party may apply to the International Chamber of Commerce or any other competent body selected for the purpose by that party who shall appoint a registered surveyor to act on behalf of the defaulting party. 15.4 In the event of the surveyors appointed under any of the preceding clauses failing to agree on an award within seven (7) days after the date when the last of them was appointed, they shall within a further four (4) days appoint an umpire to be agreed upon between them, such umpire to be a registered surveyor and in the event of such surveyors failing to agree upon such appointment within the time herein specified, such umpire shall be appointed by the International Chamber of Commerce or any other competent body selected for the purpose on the application of the Buyer. 15.5 The decision of the surveyor or umpire, as the case may be, shall be final and binding on the parties, subject to manifest error on the part of the surveyor or umpire.
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Survey Procedure. 16.1 All claims for survey or disputes between the parties to the contract in respect of quality and/or quantity of the Goods shall be referred to the arbitration of registered surveyors, appointed by the Seller. 16.2 If the Buyer objects to the registered surveyor appointed by the Seller it shall, within five (5) days after receiving notice in writing from the Seller of the identity of the appointed surveyor, appoint a registered surveyor to act on its behalf and give notice of the same to the Seller. 16.3 In the event of the surveyors appointed under any of the preceding clauses failing to agree on an award within seven (7) days after the date when the last of them were appointed, they shall within a further four (4) days appoint an umpire to be agreed upon between them, such umpire to be a registered surveyor and in the event of such surveyors failing to agree on such appointment within the time herein specified, such umpires shall be appointed by the International Chamber of Commerce or any other competent body selected for the purpose on the application of the Seller. 16.4 The decision of the surveyor or umpire, as the case may be, shall be final and binding on the parties, subject to manifest error on the part of the surveyor or umpire.
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Survey Procedure 
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Related to Survey Procedure

  • Review Procedure If the Plan Administrator denies part or all of the claim, the claimant shall have the opportunity for a full and fair review by the Plan Administrator of the denial, as follows:

  • Evaluation Procedure The procedural requirements set forth in this agreement which conform with and provide specificity to the statutory obligations established by Ohio Rev. Code § 3319.111 and § 3319.112.

  • Dispute Procedure (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below: (a) The General Secretary of the Council shall, after consultation with the Secretary of any relevant Regional Chamber, decide whether any dispute referred to the Council must be dealt with by the Council or the Regional Chamber. (b) The Council shall, from time to time, adopt, by resolution, guidelines for the General Secretary of the Council to follow in the allocation of such disputes. (c) When any dispute is allocated to a Regional Chamber in terms of this clause, then such Regional Chamber shall have the same rights, powers and obligations as the Council.

  • Notice and Procedure Promptly after the Indemnified Party receives any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Sections 23.1 through 23.3 may apply, the Indemnified Party shall notify the Indemnifying Party in writing of such fact; provided, however, that the rights of the Indemnified Party shall not be forfeited by the failure to give the Indemnifying Party notice to the extent that said failure does not have a material and adverse effect on the defense of the matter. The Indemnifying Party shall assume on behalf of the Indemnified Party, and conduct with due diligence and in good faith, the defense thereof with counsel reasonably satisfactory to the Indemnified Party; provided, however, that the Indemnifying Party shall not settle any such action or investigation unless approved by the Indemnified Party (which approval shall not be unreasonably withheld). Notwithstanding the foregoing, (a) the Indemnified Party shall have the right to be represented in any such action or investigation by advisory counsel of its own selection and at its own expense, and (b) if the Indemnified Party shall have reasonably concluded that (i) there may be legal defenses available to it that are different from, or additional to, or inconsistent with, those available to the Indemnifying Party, or (ii) there exists a conflict of interest between the Indemnifying Party and the Indemnified Party, then, in either case, the Indemnified Party shall have the right to select separate counsel to participate in the defense of such action on its own behalf and the Indemnifying Party shall indemnify the Indemnified Party for the fees and expenses of such separate counsel. If any claim, action, proceeding or investigation arises as to which the indemnity provided for in Section 23.1, 23.2 or 23.3 applies and the Indemnifying Party fails to assume the defense of such claim, action, proceeding or investigation, then the Indemnified Party may, at the Indemnifying Party’s expense, contest or settle such claim, and the Indemnifying Party shall remain obligated to indemnify the Indemnified Party for any and all losses, damages, and liability (including, without limitation, attorneys’ fees and expenses) associated therewith. The payment of the indemnity pursuant to this Section 23.5 shall not be predicated on the Indemnified Party having made payment on any suit, action, loss, damage, claim or liability.

  • Mediation Procedure The Chairman shall promptly advise the parties of a scheduled Mediation Hearing date. Unless a party requests an expedited procedure, or unless all parties to the proceeding agree to one or more extensions of time, the Mediation Hearing set forth below shall be completed within forty (40) days of BCBSA's receipt of the Complaint. The selected mediators, unless the parties otherwise agree, shall adhere to the following procedure: i. Each party must be represented by its CEO or other representative who has been delegated full authority to resolve the dispute. However, parties may send additional representatives as they see fit. ii. By no later than five (5) days prior to the date designated for the Mediation Hearing, each party shall supply and serve a list of all persons who will be attending the Mediation Hearing, and indicate who will have the authority to resolve the dispute. iii. Each party will be given one-half hour to present its case, beginning with the complaining party (or parties), followed by the other party or parties. The parties are free to structure their presentations as they see fit, using oral statements or direct examination of witnesses. However, neither cross- examination nor questioning of opposing representatives will be permitted. At the close of each presentation, the selected mediators will be given an opportunity to ask questions of the presenters and witnesses. All parties must be present throughout the Mediation Hearing. The selected mediators may extend the time allowed for each party's presentation at the Mediation Hearing. The selected mediators may meet in executive session, outside the presence of the parties, or may meet with the parties separately, to discuss the controversy. iv. After the close of the presentations, the parties will attempt to negotiate a settlement of the dispute. If the parties desire, the selected mediators, or any one or more of the selected mediators, will sit in on the negotiations. v. After the close of the presentations, the selected mediators may meet privately to agree upon a recommendation for resolution of the dispute which would be submitted to the parties for their consideration and approval. If the parties have previously agreed to be bound by the results of this procedure, this recommendation shall be binding upon the parties. vi. The purpose of the Mediation Hearing is to assist the parties to settle their grievances short of mandatory dispute resolution. As a result, the Mediation Hearing has been designed to be as informal as possible. Rules of evidence shall not apply. There will be no transcript of the proceedings, and no party may make a tape recording of the Mediation Hearing. vii. In order to facilitate a free and open discussion, the Mediation proceeding shall remain confidential. A "Stipulation to Confidentiality" which prohibits future use of settlement offers, all position papers or other statements furnished to the selected mediators, and decisions or recommendations in any Mediation proceeding shall be executed by each party. viii. Upon request of the selected mediators, or one of the parties, BCBSA staff may also submit documentation at any time during the proceedings.

  • Claim Procedure Any Person entitled to indemnification hereunder shall (i) give prompt written notice to the indemnifying party of any claim with respect to which it seeks indemnification (provided that the failure to give prompt notice shall impair any Person’s right to indemnification hereunder only to the extent such failure has prejudiced the indemnifying party) and (ii) unless in such indemnified party’s reasonable judgment a conflict of interest between such indemnified and indemnifying parties may exist with respect to such claim, permit such indemnifying party to assume the defense of such claim with counsel reasonably satisfactory to the indemnified party. If such defense is assumed, the indemnifying party shall not be subject to any liability for any settlement made by the indemnified party without its consent (but such consent shall not be unreasonably withheld, conditioned or delayed). An indemnifying party who is not entitled to, or elects not to, assume the defense of a claim shall not be obligated to pay the fees and expenses of more than one counsel for all parties indemnified by such indemnifying party with respect to such claim, unless in the reasonable judgment of any indemnified party a conflict of interest may exist between such indemnified party and any other of such indemnified parties with respect to such claim. In such instance, the conflicted indemnified parties shall have a right to retain one separate counsel, chosen by the Holders representing a majority of the Registrable Securities included in the registration if such Holders are indemnified parties, at the expense of the indemnifying party.

  • Verification Procedure (1) The signature file of each processed file is validated. (2) If processed files are pieces of a bigger file, the latter is put together. (3) Each file obtained in the previous step is then decrypted and uncompressed. (4) Each data file contained in the previous step is then validated against the format defined in Part A, Section 9, reference 1 of this Specification. (5) If Part A, Section 9, reference 1 of this Specification includes a verification process, that will be applied at this step. If any discrepancy is found in any of the steps, the Deposit will be considered incomplete.

  • Resolution Procedure a. Step 1 i. The complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express their feelings about the situation. ii. Before proceeding to Step 2, the complainant may approach their administrative officer, staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. Refer to Article E.

  • Notification Procedure Each such notice shall be deemed to have been delivered: (i) when presented personally to the GOB, (ii) when transmitted by facsimile, or (iii) five (5) Days after being deposited in a regularly maintained receptacle for the postal service in Bangladesh, postage prepaid, registered or certified, return receipt requested, addressed to the GOB, at the address indicated in Section 17 of the Implementation Agreement (or such other address as the GOB may have specified by written notice delivered in accordance therewith). Any notice given by facsimile under this Section 7.5 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the GOB.

  • Escalation Procedure Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is: (a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or (b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under B8.23 for the ex- tension period.

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