Common use of Designation of Experts Clause in Contracts

Designation of Experts. 1. Plaintiff’s Counsel, in its discretion, shall utilize the assistance of a Corrections Expert and an Education Expert for purposes of monitoring compliance. a. Said experts shall advise and consult with Plaintiffs’ Counsel as to whether the Sheriffs’ Office or the School Board are in substantial breach of any material term of this Agreement. i. In the event that any substantial breach is identified, Plaintiffs’ Counsel shall within 24 hours notify Defendants’ Counsel of the substantial breach. The Sheriffs’ Office or the School Board shall have 30 days thereafter to provide notice to all parties that it has corrected or will correct any issues concerning the same, including a description of the steps it has or will take to ensure it is no longer in substantial breach (nothing herein shall prevent the parties from negotiating in good faith a resolution to any claimed substantial breach informally); ii. If the Sheriff’s Office or the School Board does not correct and/or provide a plan to correct any provisions found to be in substantial breach, then Plaintiffs may file a motion with the Court seeking specific enforcement of the terms of this Agreement, reinstatement of the claims for prospective relief in the lawsuit, or an extension of the duration of this Agreement by up to one additional year, including monitoring activities. It shall be Plaintiffs’ burden in making such a motion to demonstrate that Defendants are in substantial breach of a material term of the Agreement. iii. In the event that any non-substantial breach is identified, Plaintiffs’ Counsel shall within 24 hours notify Defendants’ Counsel of the non- substantial breach and negotiate in good-faith to resolve the matter to ensure compliance with the Agreement. 2. Plaintiffs’ Counsel shall provide notice and contact information of any expert designation at least 60 days prior to any quarterly on-site visit as stated herein; a. Defendants’ shall have 5 days from said notice to object to the expert designation. Any objection must be based upon genuine and verifiable concerns as to the expert’s qualifications and/or impartiality. b. Upon such an objection, the Parties’ shall within 5 days thereafter negotiate in good-faith to resolve any disputes as to the expert designation or, if needed, utilize private mediation services. c. Should the expert designation dispute continue to remain unresolved, then the objecting party may seek leave from the District Court pursuant to its authority and retention of jurisdiction, for relief. d. If no objection is received, then the designated expert shall be deemed acceptable by the Parties.