Amount of Overage Payment. 6.1 If the parties agree the amount of an Overage Payment at any time after the relevant Trigger Date, the Buyer and the Seller shall immediately sign and date a memorandum recording the amount of the Overage Payment and the date of the memorandum shall be the date of agreement for the purposes of clause 5.2(b).
Amount of Overage Payment. If the parties agree the amount of an Overage Payment at any time after the relevant Trigger Date for that Overage Payment, the Buyer and the Seller shall immediately sign and date a memorandum recording the amount of that Overage Payment and the date of the memorandum shall be the date of agreement for the purposes of 72.2(b). If the Buyer and the Seller fail to agree on the amount of an Overage Payment within 4 weeks from and including the relevant Trigger Date for that Overage Payment, either party may refer the matter for determination by an Independent Surveyor. The parties shall agree on the appointment of the Independent Surveyor and shall agree with the Independent Surveyor the terms of the appointment. If the parties are unable to agree on an Independent Surveyor or the terms of the appointment within 4 weeks from and including the date on which the matter was referred for determination under 93.2, either party shall then be entitled to request the President for the time being of the Royal Institution of Chartered Surveyors to appoint the Independent Surveyor and to agree with the Independent Surveyor the terms of the appointment. The Independent Surveyor is required to prepare a written decision and give notice (including a written copy) of the decision on the amount of the Overage Payment to the parties within 20 Working Days from and including the date of the Independent Surveyor's appointment. If the Independent Surveyor dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then: either party may apply to the President of the Royal Institution of Chartered Surveyors to discharge the Independent Surveyor and to appoint a replacement Independent Surveyor; and this clause shall apply to the new Independent Surveyor as if they were the first Independent Surveyor appointed. The parties are entitled to make submissions to the Independent Surveyor including oral submissions and shall provide (or procure that others provide) the Independent Surveyor with such assistance and documents as the Independent Surveyor reasonably requires for the purpose of reaching a decision. The Independent Surveyor shall act as an expert and not as an arbitrator. The Independent Surveyor's written decision shall be final and binding on the parties in the absence of manifest error or fraud. The Buyer and the Seller agree to pay the Independent Surveyor's costs in the proportions determined by the Independ...
