Common use of Appointment of Expert Clause in Contracts

Appointment of Expert. Within ten Business Days after a party requests under Section 12.2 that an expert be appointed to resolve a Technical Dispute, the parties will jointly appoint a mutually acceptable expert with experience and expertise in the subject matter of the dispute. If the parties are unable to so agree within the ten Business Day period, or in the event of disclosure of a conflict by an expert under Paragraph 2 hereof which results in the parties not confirming the appointment of the expert, then an expert (willing to act in that capacity hereunder) will be appointed by an experienced arbitrator on the roster of ADR Xxxxxxxx who will be a retired judge of the Ontario Superior Court of Justice or on the roster of the American Arbitration Association.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Chelsea Therapeutics International, Ltd.), Manufacturing Services Agreement (Optimer Pharmaceuticals Inc)

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Appointment of Expert. Within ten 10 Business Days after a party requests under pursuant to Section 12.2 11.2 that an expert be appointed to resolve a Technical Dispute, the parties will shall jointly appoint a mutually acceptable expert with experience and expertise in the subject matter of the dispute. If the parties are unable to so agree within the ten such 10 Business Day period, or in the event of disclosure of a conflict by an expert under Paragraph pursuant to paragraph 2 hereof which results in the parties not confirming the appointment of the such expert, then an expert (willing to act in that capacity hereunder) will shall be appointed by an experienced arbitrator on the roster of ADR Xxxxxxxx who will shall be a retired judge of the Ontario Superior Court of Justice or on the roster of the American Arbitration AssociationJustice.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Cephalon Inc), Manufacturing Services Agreement (Axcan Intermediate Holdings Inc.)

Appointment of Expert. Within ten Business Days after a party Party requests under Section 12.2 that an expert be appointed to resolve a Technical Dispute, the parties Parties will jointly appoint a mutually acceptable expert with experience and expertise in the subject matter of the dispute. If the parties Parties are unable to so agree within the ten Business Day period, or in the event of disclosure of a conflict by an expert under Paragraph 2 hereof which results in the parties Parties not confirming the appointment of the expert, then an expert (willing to act in that capacity hereunder) will be appointed by an experienced arbitrator on the roster of ADR Xxxxxxxx who will be a retired judge of the Ontario Superior Court of Justice or on the roster of the American Arbitration Association.

Appears in 1 contract

Samples: Commercial Supply Agreement (Supernus Pharmaceuticals Inc)

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Appointment of Expert. Within ten Business Days after a party requests under Section 12.2 that an expert be appointed to resolve a Technical Dispute, the parties will jointly appoint a mutually acceptable expert with experience and expertise in the subject matter of the dispute. If the parties are unable to so agree within the ten Business Day period, or in the event of disclosure of a conflict by an expert under Paragraph 2 hereof which results in the parties not confirming the appointment of the expert, then an expert (willing to act in that capacity hereunder) will be appointed by an experienced arbitrator on the roster of ADR Xxxxxxxx who will be a retired judge Judge of the Ontario Superior Court of Justice or on the roster of the American Arbitration Association.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Egalet Corp)

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