Common use of Appointment of the Expert Clause in Contracts

Appointment of the Expert. 17.3.1 Upon the selection under Clause 17.2 or 17.3.3 of an expert, the Parties shall forthwith notify the expert selected of his selection and request him to confirm within ten (10) Business Days whether or not he is willing and able to accept the appointment. 17.3.2 The notification to the expert shall include the following: (a) the names of the Parties and a summary of the dispute; (b) a request that the expert provides the confirmation required under Clause 17.6.1; (c) a request for confirmation of the expert's scale of fees; (d) a statement that the expert's fees and expenses will be paid as provided in Clause 17.7.2; (e) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not, except that such information may be disclosed by either Party to a Competent Authority and to such Party's Shippers, to the extent necessary for that Party to comply with its Transportation Arrangements or any Legal Requirement; (f) a copy of this Clause 17.3.2; and (g) a request for confirmation that the expert is able and willing to act in accordance with the procedure set out herein. 17.3.3 If the selected expert is unwilling or unable to accept the appointment, or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 17.3.1, or the amount of his remuneration or terms of his appointment are not agreed within the period required under Clause 17.3.4, the Parties shall endeavour to agree upon the selection of another expert within three (3) Business Days, failing which another expert shall be selected in accordance with this Clause 17. 17.3.4 The Parties shall use their best endeavours to ensure that the terms of the contract of appointment of the expert are agreed with him within ten (10) Business Days following his confirmation of ability and willingness to act, and agree that if the Parties are unable to agree with the expert the amount of his remuneration or any other terms of his appointment then: (a) if one or more of the Parties is willing to agree what the expert proposes, such amount or terms shall be determined by the President for the time being of the Law Society whose decision shall be final and binding on the Parties to the dispute and whose costs of such reference shall be borne by the Parties to the dispute equally; (b) if none of the Parties is willing to agree what the expert proposes, or the expert is not willing to agree what is determined pursuant to paragraph (a), another expert shall be selected in accordance with Clause 17.3.3. 17.3.5 The expert shall be an independent contractor and the relationship of the Parties and the expert shall in no event be construed to be that of principal and agent. 17.3.6 The expert shall not act as an arbitrator (and accordingly the provisions of the Arbitration Xxx 0000 shall not apply) nor as mediator.

Appointment of the Expert. 17.3.1 Upon 1.1 The procedure for the selection under Clause 17.2 or 17.3.3 appointment of an expertExpert shall be as follows: (a) The Party wishing the appointment to be made shall give notice to that effect to the other Party, giving details of the matter which it is proposed shall be resolved by the Expert. (b) The Parties shall meet and seek to agree upon a single Expert to whom the matter in dispute shall be referred for determination. (c) If, within fourteen (14) days from the date of service of such notice, the Parties have failed to agree upon the Expert, the matter may forthwith be referred by either Party to the Natural Gas Authority, who shall be requested to make the appointment of the Expert within twenty one (21) days. In doing so, the Natural Gas Authority may take such independent advice as it thinks fit. (d) Upon the Expert being agreed or selected under the foregoing provisions of this paragraph, the Parties (or either of them) shall forthwith notify the expert selected Expert of his the Expert's selection and shall request him the Expert to confirm to both Parties within ten seven (107) Business Days days whether or not he the Expert is willing and able to accept the appointment. 17.3.2 The notification to the expert shall include the following: (a) the names of the Parties and a summary of the dispute; (b) a request that the expert provides the confirmation required under Clause 17.6.1; (c) a request for confirmation of the expert's scale of fees; (d) a statement that the expert's fees and expenses will be paid as provided in Clause 17.7.2; (e) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not, except that such information may be disclosed by either Party to a Competent Authority and to such Party's Shippers, to the extent necessary for that Party to comply with its Transportation Arrangements or any Legal Requirement; (f) a copy of this Clause 17.3.2; and (g) a request for confirmation that the expert is able and willing to act in accordance with the procedure set out herein. 17.3.3 If the selected expert Expert is unwilling or unable to accept the appointment, such appointment or shall not have confirmed his the Expert's willingness and ability to accept such appointment within the such period required under Clause 17.3.1of seven (7) days, or the amount of his remuneration or terms of his appointment are not agreed within the period required under Clause 17.3.4, then (unless the Parties shall endeavour are able to agree upon the selection appointment of another expert within three (3) Business DaysExpert), failing which another expert the matter shall be selected in accordance with this Clause 17referred (by either Party) to the Natural Gas Authority who shall be requested to make an appointment or (as the case may be) a further appointment and the process shall be repeated until the Expert is found who accepts appointment. 17.3.4 (f) The Parties shall use their best endeavours co-operate with each other to ensure that the terms of the contract of appointment of the expert Expert are agreed with him within ten (10) Business Days following his confirmation of ability and willingness the Expert as soon as possible. The Parties agree that, if there shall be any dispute between them as to act, and agree that if the Parties are unable to agree with the expert the amount of his remuneration to be offered to the Expert or any other terms of his appointment then: (a) if one or more of the Parties is willing to agree what the expert proposesExpert's appointment, such amount or such terms shall be determined by the President for the time being of the Law Society whose decision shall be final and binding on the Parties to the dispute and whose costs of such reference shall be borne by the Parties to the dispute equally; (b) if none of the Parties is willing to agree what the expert proposes, or the expert is not willing to agree what is determined pursuant to paragraph (a), another expert shall be selected in accordance with Clause 17.3.3. 17.3.5 The expert shall be an independent contractor and the relationship of the Parties and the expert shall in no event be construed to be that of principal and agent. 17.3.6 The expert shall not act as an arbitrator (and accordingly the provisions of the Arbitration Xxx 0000 shall not apply) nor as mediator.Natural Gas

Appointment of the Expert. 17.3.1 Upon The procedure for the selection appointment of a person who will decide on matters referred to him for Expert Determination (the “Expert”) shall be as follows: 1.1 the Customer wishing to appoint or to refer a matter to an Expert for determination shall give written Notice to that effect to the other Party and, with such Notice, shall give details of the reason for the appointment of, and the matter to be referred to, the Expert; 1.2 the Parties shall promptly meet and endeavour to agree upon a person to be the Expert. If, within five (5) days from the date of the Notice under Clause 17.2 or 17.3.3 Paragraph 1.1 of an expertthis Schedule F, the Parties have failed to agree upon an Expert, the matter may be referred by either Party wishing the appointment to be made to the president of the District Court of The Hague, the Netherlands (the “Appointer”), who shall be requested to make the appointment of the Expert within fifteen (15) days and, in so doing, may take such independent advice as he thinks fit. Upon an Expert being appointed, the Parties forthwith shall notify the expert selected Expert of his selection and shall request him to confirm within ten (10) Business Days days whether or not he is willing and able to accept the appointment. 17.3.2 The notification to the expert shall include the following: (a) the names of the Parties and a summary of the dispute; (b) a request that the expert provides the confirmation required under Clause 17.6.1; (c) a request for confirmation of the expert's scale of fees; (d) a statement that the expert's fees and expenses will be paid as provided in Clause 17.7.2; (e) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not, except that such information may be disclosed by 1.3 either Party may request the Appointer to appoint a Competent Authority and to such Party's Shippers, to the extent necessary for that Party to comply with its Transportation Arrangements or any Legal Requirement; (f) a copy of this Clause 17.3.2; and (g) a request for confirmation that the expert is able and willing to act substitute Expert in accordance with Paragraph 1.2 of this Schedule F (unless the procedure set out herein. 17.3.3 If Parties are able to agree upon the selected expert appointment of a substitute Expert), (i) if the appointed Expert is either unwilling or unable to accept the appointment, or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 17.3.1, or the amount of his remuneration or terms of his appointment are not agreed within the period required under Clause 17.3.4, the Parties shall endeavour to agree upon the selection of another expert within three (3) Business Days, failing which another expert shall be selected in accordance with this Clause 17. 17.3.4 The Parties shall use their best endeavours to ensure that the terms of the contract of appointment of the expert are agreed with him within ten (10) Business Days following his confirmation days of ability and willingness to actParagraph 1.2 of this Schedule F, and agree that (ii) in the event of the death or incapacity of the Expert or (iii) if the Expert fails to notify the Parties are unable to agree with the expert the amount of his remuneration decision with respect to any matter referred to him pursuant to this Agreement within the time-limit specified in Paragraph 2.4 or any other terms 2.5 of his appointment then: this Schedule F (a) if one or more of the Parties is willing to agree what the expert proposes, such amount or terms shall be determined by the President for the different time being of the Law Society whose decision shall be final and binding on the Parties to the dispute and whose costs of such reference shall be borne period as agreed by the Parties in writing), and the Party so requesting the appointment of a substitute Expert shall give Notice to the dispute equally; (b) other Party copied if none of appropriate to the Parties is willing to agree what the expert proposes, or the expert is not willing to agree what is determined pursuant to paragraph (a), another expert shall be selected in accordance with Clause 17.3.3. 17.3.5 The expert shall be an independent contractor and the relationship of the Parties and the expert shall in no event be construed Expert that it wishes a substitute Expert to be that appointed to determine the matter and upon the giving of principal such Notice the Expert previously appointed shall give no further consideration to the matter and agent. 17.3.6 The expert shall not act issue a decision. This Paragraph 1.3 of this Schedule F shall apply mutatis mutandis to an appointed substitute Expert; and 1.4 a person shall not be appointed as an arbitrator Expert if he has an interest or duty which would materially conflict with his role (and accordingly the provisions including being a director, officer, employee or consultant to a Party or to any Affiliate of the Arbitration Xxx 0000 shall not apply) nor as mediatora Party).

Appointment of the Expert. 17.3.1 Upon The procedure for the selection appointment of a person who will decide on matters referred to him for Expert Determination (the “Expert”) shall be as follows: 1.1 the Customer wishing to appoint or to refer a matter to an Expert for determination shall give written Notice to that effect to the other Party and, with such Notice, shall give details of the reason for the appointment of, and the matter to be referred to, the Expert; 1.2 the Parties shall promptly meet and endeavour to agree upon a person to be the Expert. If, within five (5) days from the date of the Notice under Clause 17.2 or 17.3.3 Paragraph 1.1 of an expertthis Schedule H, the Parties have failed to agree upon an Expert, the matter may be referred by either Party wishing the appointment to be made to the president of the District Court of The Hague, the Netherlands (the “Appointer”), who shall be requested to make the appointment of the Expert within fifteen (15) days and, in so doing, may take such independent advice as he thinks fit. Upon an Expert being appointed, the Parties forthwith shall notify the expert selected Expert of his selection and shall request him to confirm within ten (10) Business Days days whether or not he is willing and able to accept the appointment. 17.3.2 The notification to the expert shall include the following: (a) the names of the Parties and a summary of the dispute; (b) a request that the expert provides the confirmation required under Clause 17.6.1; (c) a request for confirmation of the expert's scale of fees; (d) a statement that the expert's fees and expenses will be paid as provided in Clause 17.7.2; (e) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not, except that such information may be disclosed by 1.3 either Party may request the Appointer to appoint a Competent Authority and to such Party's Shippers, to the extent necessary for that Party to comply with its Transportation Arrangements or any Legal Requirement; (f) a copy of this Clause 17.3.2; and (g) a request for confirmation that the expert is able and willing to act substitute Expert in accordance with Paragraph 1.2 of this Schedule H (unless the procedure set out herein. 17.3.3 Parties are able to agree upon the appointment of a substitute Expert), (i) If the selected expert appointed Expert is either unwilling or unable to accept the appointment, or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 17.3.1, or the amount of his remuneration or terms of his appointment are not agreed within the period required under Clause 17.3.4, the Parties shall endeavour to agree upon the selection of another expert within three (3) Business Days, failing which another expert shall be selected in accordance with this Clause 17. 17.3.4 The Parties shall use their best endeavours to ensure that the terms of the contract of appointment of the expert are agreed with him within ten (10) Business Days following his confirmation days of ability and willingness to actParagraph 1.2 of this Schedule H, and agree that (ii) in the event of the death or incapacity of the Expert or (iii) if the Expert fails to notify the Parties are unable to agree with the expert the amount of his remuneration decision with respect to any matter referred to him pursuant to this Agreement within the time-limit specified in Paragraph 2.4 or any other terms 2.5 of his appointment then: this Schedule H (a) if one or more of the Parties is willing to agree what the expert proposes, such amount or terms shall be determined by the President for the different time being of the Law Society whose decision shall be final and binding on the Parties to the dispute and whose costs of such reference shall be borne period as agreed by the Parties in writing), and the Party so requesting the appointment of a substitute Expert shall give Notice to the dispute equally; (b) other Party copied if none of appropriate to the Parties is willing to agree what the expert proposes, or the expert is not willing to agree what is determined pursuant to paragraph (a), another expert shall be selected in accordance with Clause 17.3.3. 17.3.5 The expert shall be an independent contractor and the relationship of the Parties and the expert shall in no event be construed Expert that it wishes a substitute Expert to be that appointed to determine the matter and upon the giving of principal such Notice the Expert previously appointed shall give no further consideration to the matter and agent. 17.3.6 The expert shall not act issue a decision. This Paragraph 1.3 of this Schedule H shall apply mutatis mutandis to an appointed substitute Expert; and 1.4 a person shall not be appointed as an arbitrator Expert if he has an interest or duty which would materially conflict with his role (and accordingly the provisions including being a director, officer, employee or consultant to a Party or to any Affiliate of the Arbitration Xxx 0000 shall not apply) nor as mediatora Party).

Appointment of the Expert. 17.3.1 Upon The procedure for the selection appointment of a person who will decide on matters referred to him for Expert Determination (the “Expert”) shall be as follows: 1.1 the Customer wishing to appoint or to refer a matter to an Expert for determination shall give Notice to that effect to the other Party and, with such Notice, shall give details of the reason for the appointment of, and the matter to be referred to, the Expert; 1.2 the Parties shall promptly meet and endeavour to agree upon a person to be the Expert. If, within five (5) days from the date of the Notice under Clause 17.2 or 17.3.3 Paragraph 1.1 of an expertthis Schedule F, the Parties have failed to agree upon an Expert, the matter may be referred by either Party wishing the appointment to be made to the president of the District Court of The Hague, the Netherlands (the “Appointer”), who shall be requested to make the appointment of the Expert within fifteen (15) days and, in so doing, may take such independent advice as he thinks fit. Upon an Expert being appointed, the Parties forthwith shall notify the expert selected Expert of his selection and shall request him to confirm within ten (10) Business Days days whether or not he is willing and able to accept the appointment. 17.3.2 The notification to the expert shall include the following: (a) the names of the Parties and a summary of the dispute; (b) a request that the expert provides the confirmation required under Clause 17.6.1; (c) a request for confirmation of the expert's scale of fees; (d) a statement that the expert's fees and expenses will be paid as provided in Clause 17.7.2; (e) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not, except that such information may be disclosed by 1.3 either Party may request the Appointer to appoint a Competent Authority and to such Party's Shippers, to the extent necessary for that Party to comply with its Transportation Arrangements or any Legal Requirement; (f) a copy of this Clause 17.3.2; and (g) a request for confirmation that the expert is able and willing to act substitute Expert in accordance with Paragraph 1.2 of this Schedule F (unless the procedure set out herein. 17.3.3 If Parties are able to agree upon the selected expert appointment of a substitute Expert), (i) if the appointed Expert is either unwilling or unable to accept the appointment, or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 17.3.1, or the amount of his remuneration or terms of his appointment are not agreed within the period required under Clause 17.3.4, the Parties shall endeavour to agree upon the selection of another expert within three (3) Business Days, failing which another expert shall be selected in accordance with this Clause 17. 17.3.4 The Parties shall use their best endeavours to ensure that the terms of the contract of appointment of the expert are agreed with him within ten (10) Business Days following his confirmation days of ability and willingness to actParagraph 1.2 of this Schedule F, and agree that (ii) in the event of the death or incapacity of the Expert or (iii) if the Expert fails to notify the Parties are unable to agree with the expert the amount of his remuneration decision with respect to any matter referred to him pursuant to this Agreement within the time-limit specified in Paragraph 2.4 or any other terms 2.5 of his appointment then: this Schedule F (a) if one or more of the Parties is willing to agree what the expert proposes, such amount or terms shall be determined by the President for the different time being of the Law Society whose decision shall be final and binding on the Parties to the dispute and whose costs of such reference shall be borne period as agreed by the Parties in writing), and the Party so requesting the appointment of a substitute Expert shall give Notice to the dispute equally; (b) other Party copied if none of appropriate to the Parties is willing to agree what the expert proposes, or the expert is not willing to agree what is determined pursuant to paragraph (a), another expert shall be selected in accordance with Clause 17.3.3. 17.3.5 The expert shall be an independent contractor and the relationship of the Parties and the expert shall in no event be construed Expert that it wishes a substitute Expert to be that appointed to determine the matter and upon the giving of principal such Notice the Expert previously appointed shall give no further consideration to the matter and agent. 17.3.6 The expert shall not act issue a decision. This Paragraph 1.3 of this Schedule F shall apply mutatis mutandis to an appointed substitute Expert; and 1.4 a person shall not be appointed as an arbitrator Expert if he has an interest or duty which would materially conflict with his role (and accordingly the provisions including being a director, officer, employee or consultant to a Party or to any Affiliate of the Arbitration Xxx 0000 shall not apply) nor as mediatora Party).