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 Section 16.1 (Resolution by Parties) within the time periods set forth therein, then either Party, in accordance with this Section 16.2 (Determination by Expert), may refer the Dispute to an expert (the “Expert”) for consideration of the Dispute and to obtain a determination from the Expert as to the resolution thereof. Notwithstanding the foregoing, either Party may require that any Dispute be referred for resolution to arbitration pursuant to Section 16.3 (Arbitration) without first referring it to an Expert.

Determination by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 16.1 (Resolution by Parties) within the time periods set forth therein, then either Party, in accordance with this Section 16.2 (Determination by Expert), may refer the Dispute to an expert (the “Expert”) for consideration of the Dispute and to obtain a determination recommendation from the Expert as to the resolution thereof. Notwithstanding the foregoing, either Party may require that any Dispute be referred for resolution to arbitration pursuant to Section 16.3 (Arbitration) without first referring it to an Expert.