Common use of Appointment of Independent Evaluator Clause in Contracts

Appointment of Independent Evaluator. If either Party decides to submit an unresolved Quarterly Report Disagreement to an Independent Evaluator, it shall provide written notice to that effect (the “Submission Notice”) to the other Party, which notice shall designate which of the engineering firms on the Consultants List is to act as the Independent Evaluator for purposes of resolving such dispute; provided, however, for purposes of facilitating consistency in the resolution of Quarterly Report Disagreements, all Quarterly Report Disagreements concerning the same Performance Metric arising out of any one or more of the twelve (12) Quarterly Reports issued for a given Contract Year shall be submitted to the same Independent Evaluator unless such Independent Evaluator declines to accept any such submission(s). A Submission Notice must be provided within the 5-Business Day period provided in Section 2(b) (Submission of Quarterly Report Disagreement to Independent Evaluator) of this Attachment S (Quarterly Reporting and Dispute Resolution by Independent Evaluator). The Parties shall each pay fifty percent (50%) of the fees and expenses charged by the Independent Evaluator.

Appointment of Independent Evaluator. If either Party decides to submit an unresolved Quarterly Report Disagreement to an Independent Evaluator, it shall provide written notice to that effect (the “Submission Notice”) to the other Party, which notice shall designate which of the engineering firms on the Consultants List is to act as the Independent Evaluator for purposes of resolving such dispute; provided, however, for purposes of facilitating consistency in the resolution of Quarterly Report Disagreements, all Quarterly Report Disagreements concerning the same Performance Metric arising out of any one or more of the twelve four (124) Quarterly Reports issued for a given Contract Year shall be submitted to the same Independent Evaluator unless such Independent Evaluator declines to accept any such submission(s). A Submission Notice must be provided within the 5-Business Day period provided in Section 2(b) (Submission of Quarterly Report Disagreement to Independent Evaluator) of this Attachment S (Quarterly Reporting and Dispute Resolution by Independent Evaluator). The Parties shall each pay fifty percent (50%) of the fees and expenses charged by the Independent Evaluator.