The Panel. The three arbitrators so chosen shall serve as the arbitration panel which shall resolve the dispute (the "PANEL"). The powers and duties reserved to the neutral arbitrator under the Rules, shall be exercised by a majority of the members of the Panel after due consideration and in accordance with the Rules.
The Panel a) must undertake a review of a precept proposed by the PCC in accordance with the requirements set out in Schedule 5 of the Act
b) must report to the PCC on the proposed precept (which may include reasons), and
c) may exercise its right of veto in respect of the precept in accordance with the Act and Regulations made under it .
The Panel. Secretary’s duties shall be to facilitate the Panel's objects in Clause 5.2 and in particular to:
(a) facilitate the effective administration of arrangements relating to the appointment, removal, resignation and replacement of Panel Members;
(b) attend to the organisation of meetings and to serve all notices required for the organisation of meetings;
(c) maintain a register of names and addresses of the parties, their Contract Managers (and other points of contact notified under Clause 26.1.2), the Panel Members and alternates as appointed from time to time;
(d) keep minutes of all meetings and a record of resolutions voted on and Panel Members’ votes;
(e) circulate all relevant papers;
(f) facilitating the preparation of draft budgets, preparing reports on the costs incurred by the Panel and facilitating the collection and payment of such costs;
(g) instruct (in accordance with Clause 16.1.4(b)(ii)) the updating of a Daily Green Deal Charge on the Central Charge Database where there has been an Erroneous Registration; and
(h) facilitate the effective administration of arrangements relating to proposed and actual Modifications to, derogations from and Operational Issues arising under this Agreement, including the issuing of Operational Procedures and amendments thereto.
The Panel. (a) The Panel consists and will consist of not less than 4,000,000 unique e-mail addresses as of the date hereof and as of the Closing Date, respectively, and Valid addresses through the Test Period (as provided below) will not fall below 4,000,000 by an amount greater than five percent (5%) of 4,000,000 (the “Validity Threshold”). Each individual who is a member of the Panel has joined voluntarily and, as of August 15, 2004, 1,200,000 have also opted in by virtue of starting a survey after joining. By joining, all members of the Panel have agreed to receive continuing e-mail solicitations from Seller to participate in online marketing research surveys, but members have no obligation to participate in any particular survey and may elect to unsubscribe at any time. Buyer shall have ten Business Days after the Closing Date to test whether the e-mail addresses delivered at Closing are Rejected Addresses (the “Test Period”), and shall notify Seller within five Business Days of the end of the Test Period if there are Rejected Addresses that cause the Panel to fall below the Validity Threshold, such notice to provide a complete list of each address that tested as a Rejected Address.
(b) For purposes of this Section 3.18, “Valid” addresses are email addresses that do not test as a Rejected Address, and a “Rejected Address(es)” shall mean an email address that when sent an email provides a bounce-back-message as follows (i) mail box does not exist, (ii) user unknown, (iii) message undeliverable, (iv) mailbox unavailable, (v) destination server could not be found, or (vi) mailbox not found. If the Panel has Rejected Addresses that cause the Panel to fall below the Validity Threshold as of the end of the Test Period, Seller shall, within 120 days from Buyer’s notice of such failure, transfer to Buyer a sufficient number of Valid addresses (including a Rejected Address which Seller’s independent testing determines to be Valid) to cause the Panel to meet the Validity Threshold, which remedy shall be Buyer’s sole recourse in respect thereof, provided further that the replacement addresses must represent individuals who have knowingly joined the Panel and must not be duplicative of any email Valid email address contained in the Panel as of the date of Closing. In the event that Seller is unable to supply a sufficient number of Valid email addresses to reach the Validity Threshold within such 120 day period, Seller will, within 15 days of the expiration of such period, r...
The Panel. 1.1 the panel is responsible for resolving complaints made under the Code. it may also assist in arranging for conciliation and/or mediation between companies when requested to do so.
1.2 the panel and Chairman report to the abHi executive Committee in respect of their activities and the operation and administration of this Complaints procedure.
The Panel. 4.1 The Panel is also established by the ASIC Act. The Panel is the main forum for resolving takeovers matters during the bid period. The Panel has the power to: • review ASIC's decisions under s655A; • review ASIC's decisions under s673 in relation to securities of the target of a takeover bid during the bid period; • make a declaration of unacceptable circumstances under s657A; • make orders under s657D and interim orders under s657E; and • make rules under s658C.
The Panel. Secretary’s duties shall be to facilitate the Panel's objects in Clause 5.2 and in particular to:
(a) attend to the requisition of meetings and to serve requisite notices;
(b) maintain a register of names and addresses of the Panel Members and alternates as appointed from time to time;
(c) keep minutes of all meetings; and
(d) circulate all relevant papers.
The Panel. The Dispute will be arbitrated by an arbitrator or by three
The Panel. The President of the Panel appointed Xxxxx XxXxxx (sitting President), Xxxx Xxxxxxx (sitting Deputy President) and Xxxxxxx Xxxxxxxx as the sitting Panel (the Panel) for the proceedings (the Proceedings) arising from the Application.
The Panel. Unless the Parties to the Arbitration agree otherwise, the Panel will comprise three arbitrators being the Claimants' nominee, the Respondents' nominee and a third person who will be nominated by agreement between the first two arbitrators and will chair the Panel (the "PANEL Chairperson"). If, within 15 Working Days after delivery of the Response, any or all of the arbitrators have not been appointed, the arbitrator or arbitrators who have not been appointed will be the person or persons nominated, at the request of any Party to the Arbitration, by the Chairman of the Victorian Bar Council.
