Common use of Appointment of Independent Person Clause in Contracts

Appointment of Independent Person. 11.1 Where this Agreement expressly provides for a particular dispute or difference to be referred for determination by an independent person it shall (subject as otherwise provided in this clause) be referred for determination by an Independent Person appointed under the provisions of this clause. 11.2 The Landlord and the Tenant may agree that any other dispute or difference between them be referred to an Independent Person. 11.3 The Independent Person shall be agreed between Landlord and the Tenant [and the Tenant’s Surety], (if applicable) or, failing agreement, be nominated within 10 Working Days after the relevant Party has given to the other a written request requiring the appointment by the President or duly authorised officer of the professional body or institution governing the discipline the subject matter of the dispute or difference. 11.4 Any dispute or difference as to the discipline of which the specialist is to be appointed and, if applicable, as to the appropriate professional body or institution to appoint him or her shall be referred to or determined by an independent barrister or solicitor of not less than 10 years’ standing to be agreed between the Landlord and the Tenant [or the Tenant’s Surety, (if applicable)] or failing agreement, to be nominated by the President or duly authorised officer of the Royal Institute of Chartered Surveyors on the application of any Party. 11.5 The reference to an Independent Person is to be made to him as an expert and: (a) the Landlord and the Tenant may make written representations within 10 Working Days of his or her appointment and will copy the written representations to the other Party; (b) the Landlord and the Tenant are to have a further 10 Working Days to make written comments on each other’s representations and will copy the written comments to the other Party; (c) the Independent Person is to be at liberty to call for such written evidence from the Parties and to seek such legal or other expert assistance as he or she may reasonably require; (d) the Independent Person is not to take oral representations from the Landlord and the Tenant without giving both Parties the opportunity to be present and to give evidence and to cross examine each other; (e) the Independent Person is to have regard to all representations and evidence before him or her when making his or her decision which is to be in writing and is to give reasons for his or her decision; (f) the Independent Person is to use all reasonable endeavours to publish his or her decision within 25 Working Days of his appointment or such earlier date as the Parties shall agree as a term of the Independent Person's appointment; and (g) the Independent Person’s decision shall be final and binding on the parties (save in the case of manifest error). 11.6 Responsibility for the costs of referring a dispute to an Independent Person under this clause 11, including costs connected with his or her appointment and the Independent Person’s own costs but not the legal and other professional costs of any Party in relation to a dispute, will be decided by the Independent Person. 11.7 The previous provisions of this clause 11 do not apply to any dispute or difference that arises in relation to the exercise by the Landlord and the Tenant of any rights of termination under this Agreement.

Appointment of Independent Person. 11.1 Where this Agreement expressly provides for a particular dispute or difference to be referred for determination by an independent person it shall (subject as otherwise provided in this clause) be referred for determination by an Independent Person appointed under the provisions of this clause. 11.2 The Landlord Seller and the Tenant Buyer may agree that any other dispute or difference between them be referred to an Independent Person. 11.3 The Independent Person shall be agreed between Landlord Seller and the Tenant [and the Tenant’s Surety], (if applicable) Buyer or, failing agreement, be nominated within 10 Working Days after the relevant Party has given to the other a written request requiring the appointment by the President or duly authorised officer of the professional body or institution governing the discipline the subject matter of the dispute or difference. 11.4 Any dispute or difference as to the discipline of which the specialist is to be appointed and, if applicable, as to the appropriate professional body or institution to appoint him or her shall be referred to or determined by an independent barrister or solicitor of not less than 10 years’ standing to be agreed between the Landlord Seller and the Tenant [or the Tenant’s Surety, (if applicable)] Buyer or failing agreement, to be nominated by the President or duly authorised officer of the Royal Institute of Chartered Surveyors on the application of any Party. 11.5 The reference to an Independent Person is to be made to him as an expert and: (a) the Landlord Seller and the Tenant Buyer may make written representations within 10 Working Days of his or her appointment and will copy the written representations to the other Party; (b) the Landlord Seller and the Tenant Buyer are to have a further 10 Working Days to make written comments on each other’s representations and will copy the written comments to the other Party; (c) the Independent Person is to be at liberty to call for such written evidence from the Parties and to seek such legal or other expert assistance as he or she may reasonably require; (d) the Independent Person is not to take oral representations from the Landlord Seller and the Tenant Buyer without giving both Parties the opportunity to be present and to give evidence and to cross examine each other; (e) the Independent Person is to have regard to all representations and evidence before him or her when making his or her decision which is to be in writing and is to give reasons for his or her decision; (f) the Independent Person is to use all reasonable endeavours to publish his or her decision within 25 Working Days of his appointment or such earlier date as the Parties shall agree as a term of the Independent Person's appointment; and (g) the Independent Person’s decision shall be final and binding on the parties (save in the case of manifest error). 11.6 Responsibility for the costs of referring a dispute to an Independent Person under this clause 11, including costs connected with his or her appointment and the Independent Person’s own costs but not the legal and other professional costs of any Party in relation to a dispute, will be decided by the Independent Person. 11.7 The previous provisions of this clause 11 do not apply to any dispute or difference that arises in relation to the exercise by the Landlord Seller and the Tenant Buyer of any rights of termination under this Agreement.