Common use of Appointment of Independent Person Clause in Contracts

Appointment of Independent Person. If Purchaser and Sellers' fail to agree by the day which is 30 days prior to the due date (including extensions) of a Tax Return due pursuant to this Section, the matters in dispute (but no other matters) will be submitted to a firm of independent certified accountants mutually acceptable to Purchaser and Sellers, as a group (the "INDEPENDENT PERSON"), which firm will make a final and binding determination as to the matters in dispute within 15 days after its appointment. The Independent Person will send its written determination, at which point the determination of the Independent Person will be binding on Purchaser and Sellers, absent fraud or manifest error. The fees and expenses of the Independent Person will be borne equally by the Purchaser, on the one hand, and the Sellers, on the other hand.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Inspire Insurance Solutions Inc), 4 Stock Purchase Agreement (Inspire Insurance Solutions Inc)

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Appointment of Independent Person. If Purchaser and Sellers' the Sellers fail to agree by the day which is 30 days prior to the due date (including extensions) of a Tax Return due pursuant to this Section, the matters in dispute (but no other matters) will be submitted to a firm of independent certified accountants mutually acceptable to Purchaser Purchaser, on the one hand, and the Sellers, as a group on the other hand (the "INDEPENDENT PERSONIndependent Person"), which firm will make a final and binding determination as to the matters in dispute within 15 days after its appointment. The Independent Person will send its written determination, at which point the determination of the Independent Person will be binding on Purchaser and the Sellers, absent fraud or manifest error. The fees and expenses of the Independent Person will be borne equally one-half by the Purchaser, on the one hand, and one-half by the Sellers, on the other hand.

Appears in 2 contracts

Samples: Purchase Agreement (Hallmark Financial Services Inc), Purchase Agreement (Hallmark Financial Services Inc)

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Appointment of Independent Person. If Purchaser and Sellers' the Sellers fail to agree by the day which is 30 days prior to the due date (including extensions) of a Tax Return due pursuant to this Section, the matters in dispute (but no other matters) will be submitted to a firm of independent certified accountants mutually acceptable to Purchaser and the Sellers, as a group (the "INDEPENDENT PERSON"), which firm will make a final and binding determination as to the matters in dispute within 15 days after its appointment. The Independent Person will send its written determination, at which point the determination of the Independent Person will be binding on Purchaser and the Sellers, absent fraud or manifest error. The fees and expenses of the Independent Person will be borne equally by the Purchaser, on the one hand, and the Sellers, on the other hand.

Appears in 1 contract

Samples: Stock Purchase Agreement (Marketing Specialists Corp)

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