In All Other Cases. In all other cases, any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed of three arbitrators, in accordance with the provisions set forth below. The Purchaser and the Power Producer shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall chair the arbitration panel. If the two arbitrators do not succeed in appointing a third arbitrator within Thirty (30) days after the later of the two arbitrators has been appointed, the third arbitrator shall, at the request of either party, be appointed by the Appointing Authority for third arbitrator which shall be the President, Institution of Engineers. If one party fails to appoint its arbitrator within thirty (30) days after the other party has named its arbitrator, the party which has named an arbitrator may request the Appointing Authority to appoint the second arbitrator. If for any reason an arbitrator is unable to perform its function, the mandate of the Arbitrator shall terminate in accordance with the provisions of applicable laws as mentioned in Clause (Governing Law) and a substitute shall be appointed in the same manner as the original arbitrator. Arbitration proceedings shall be conducted with The Arbitration and Conciliation Act, 1996. The venue or arbitration shall be New Delhi. The decision of a majority of the arbitrators (or of the third arbitrator chairing the arbitration panel, if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction as decree of the court. The parties thereby waive any objections to or claims of immunity from such enforcement. The arbitrator(s) shall give reasoned award. Notwithstanding any reference to the arbitration herein, the parties shall continue to perform their respective obligations under the agreement unless they otherwise agree. Cost of arbitration shall be equally shared between the Power Producer and Purchaser.
In All Other Cases. In all other cases, any dispute submitted by a party to arbitration shall be heard by an arbitration panel composed of three arbitrators, in accordance with the provisions set forth below.
In All Other Cases disciplining students is a School District responsibility, and the SRO will take students who violate the code of conduct to the principal where school discipline can be meted out.
In All Other Cases. (i) In the case of the US Index Series, the Participant shall deliver on the Issue Date (i) the Fund Basket to the Custodian through DTC and (ii) the Cash Component or estimated amount sufficient to pay the Cash Component in same day or immediately available funds by wire transfer to the account designated by the Custodian.
In All Other Cases. In the case of all Redemption Requests other than through the CB Shares Clearing Process, the Participant must deliver on the same date the Redemption Request is made the Creation Unit size aggregation of CB Shares(TM) of the relevant Series to the Transfer Agent on behalf of the Fund through DTC, except in the case of three DTC non-settlement days when delivery may be made by : a.m. on the next DTC business day, as indicated above. Upon completion of the process and receipt of the duly completed Redemption Request and of the CB Shares(TM) by the Transfer Agent, the Transfer Agent will deliver or cause to be delivered to the Participant an acknowledgment of acceptance. The Fund shall make delivery of the Fund Basket and cash redemption proceeds (less the amount of the applicable cash redemption transaction fee) in accordance with the time required by applicable rules or an appropriate order of the Securities and Exchange Commission. In the case of each Series other than the US Index Series, the Fund Basket or appropriate securities included therein constituting in-kind redemption proceeds will be delivered to the appropriate foreign account which must be indicated on the Redemption Request form. An appropriate account must be established by the Participant or the customer on whose behalf the Participant is acting in the foreign jurisdiction to which the in-kind redemption proceeds are to be delivered in advance of the request for redemption. The Redemption Request must include all necessary information about the counterparty to permit the Fund's subcustodian to arrange for prompt delivery of proceeds securities. Instructions to accept the Fund Basket securities as redemption proceeds must be given by the Participant in writing to the counterparty on the date the redemption request is made by facsimile, telex or other means of communication to ensure that such instructions are received by the counterparty no later than the day following the date of redemption. The cash proceeds will be delivered to or for the account of the Participant in accordance with the instructions on the Redemption Request form. ANNEX III THE COUNTRY BASKETS(TM) INDEX FUND, INC. INTENTION NUMBER (assigned by Distributor):__________ FORM OF NOTICE OF INTENTION CONTACT INFORMATION FOR ORDER EXECUTION: Telephone Order Number: (800) 000-0000 Business Number: (300) 000-0000 Xacsimile Number: (300) 000-0000 ALL ITEMS IN PART I MUST BE COMPLETED BY PARTICIPANT.
In All Other Cases. 10.07 The Committee may request a candidate to appear before it as part of the review procedure. In addition, a candidate shall, if he or she requests, be given the opportunity to appear before the Committee. In either case, the candidate shall be notified at least five (5) days before the date of the hearing.
In All Other Cases. Except as provided in subsections (a) and (b) above or as otherwise provided in the Plan, any unexercised portion of the Option which has vested according to the terms set forth in section 6 above may be exercised at any time within ninety (90) days following the date of Termination.
