Examples of Engineering Arbitrator in a sentence
The decision of the Engineering Arbitrator shall be final and binding on each of the Parties and may be enforced by either Party.
When functioning as interpreter and judge under Section 13.2, the Engineering Arbitrator will take into consideration the results of any inspection or test performed by or on behalf of any Governmental Authority relating to the Facility that is relevant to the Technical Dispute that is the subject of the proceeding and will not show partiality to either Party.
The opposing Party shall endeavor to submit any response to the disputing Party and the Engineering Arbitrator within five (5) Business Days after receipt of the disputing Party’s last submittal (unless the Engineering Arbitrator allows additional time).
If the Engineering Arbitrator does not render a formal decision in writing within the time stated in this Section 13.2, the Parties may pursue all its rights and remedies provided at law or in equity or otherwise in this PPA.
If the Parties engage an Engineering Arbitrator as provided in this Section 13.2, the disputing Party shall deliver to the Engineering Arbitrator and to the other Party written notice stating (i) the general nature of each Technical Dispute, (ii) the amount or extent of the Technical Dispute, and (iii) supporting data for the Technical Dispute.
The Engineering Arbitrator will not be liable in connection with any interpretation or decision rendered in good faith in the capacity.
The costs of the Engineering Arbitrator shall be shared equally by the Parties.
Notwithstanding anything in this Section 14.1 to the contrary, with respect to any dispute regarding Sprint's obligations pursuant to Section 17.1(d), (a "Spectrum Grouping Dispute"), the parties will submit the dispute to a mutually agreeable independent qualified industry engineering consultant (an "Engineering Arbitrator") who will serve as the arbitrator for such dispute in the manner set forth in this Section 14.
If the parties are unable to agree to a single Engineering Arbitrator, each Party will select one independent qualified engineering consultant who will serve as an Engineering Arbitrator; and each Party will submit the names of no more than three additional independent qualified industry engineering consultants to the two Engineering Arbitrators selected by Sprint and Operator who will then select a third Engineering Arbitrator from the combined lists submitted by Sprint and Operator.
If the two previously selected Independent Engineering Arbitrators cannot agree on the selection of the third Independent Engineering Arbitrator, the third Independent Engineering Arbitrator shall be selected by the AAA.