Common use of Determination by Expert Clause in Contracts

Determination by Expert. (a) In the event that the Parties are unable to resolve a dispute in accordance with Clause 26.1 within the time periods set forth therein, then either Party, in accordance with this Clause 26.2, may refer the dispute to an expert (the “Expert”) for consideration of the dispute and to obtain a recommendation from the Expert as to the resolution thereof. The Party initiating submission of the dispute to the Expert shall provide the other Party with a notice stating that it is submitting the dispute to an Expert and nominating the person it proposes to be the Expert. Within fifteen

Determination by Expert. (a) In the event that the Parties are unable to resolve a dispute Dispute in accordance with Clause 26.1 Section 16.1 within the time periods set forth therein, then either Party, in accordance with this Clause 26.2Section 16.2, may refer the dispute Dispute to an expert (the “Expert”) for consideration of the dispute Dispute and to obtain a recommendation from the Expert as to the resolution thereof. The Notwithstanding the foregoing, either Party initiating submission of the dispute may require that any Dispute be referred for resolution to the Expert shall provide the other Party with a notice stating that arbitration pursuant to Section 16.3 without first referring it is submitting the dispute to an Expert and nominating the person it proposes to be the Expert. Within fifteen.