Certain Disputes. Disputes arising under this Article 7 and not resolved by mutual agreement within 30 days shall be resolved by a nationally recognized expert in the relevant area with no material relationship with Parent, the Shareholders or their Affiliates (the “Referee”), chosen and mutually acceptable to both Parent and the Shareholder Representative within five days of the date on which the need to choose the Referee arises. The Referee shall resolve any disputed items within 30 days of having the item referred to it pursuant to such procedures as it may require. The costs, fees and expenses of the Referee shall be borne equally by Parent, on the one hand, and the Shareholders, on the other hand.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Callidus Software Inc), Agreement and Plan of Merger (Callidus Software Inc)
Certain Disputes. Disputes arising that arise under this Article 7 Article 9 and are not resolved by mutual agreement within 30 days shall be resolved by a nationally recognized expert in the relevant area with no material relationship with Parent, Parent or the Shareholders Holder Representative or their Affiliates (the “Referee”), chosen and mutually acceptable to both Parent and the Shareholder Holder Representative within five days of the date on which the need to choose the Referee arises. The Referee shall resolve any disputed items within 30 days of having the item referred to it pursuant to such procedures as it may require. The costs, fees and expenses of the Referee shall be borne equally by Parent, on the one hand, Parent and the Shareholders, on the other handHolder Representative.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Ultra Clean Holdings, Inc.)
Certain Disputes. Disputes arising under this Article 7 and not resolved by mutual agreement within 30 days shall be resolved by a nationally recognized expert in the relevant area with no material relationship with Parent, the Shareholders Company Stakeholders or their Affiliates (the “Referee”), chosen and mutually acceptable to both Parent and the Shareholder Stakeholder Representative within five days of the date on which the need to choose the Referee arises. The Referee shall resolve any disputed items within 30 days of having the item referred to it pursuant to such procedures as it may require. The costs, fees and expenses of the Referee shall be borne equally by Parent, on the one hand, and the ShareholdersCompany Stakeholders, on the other hand.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Callidus Software Inc)