Determination of Expert. The determination of the expert: must be in writing; will be substituted for the relevant direction of the Contract Administrator unless a party gives notice of appeal to the other party within 21 days of receiving such determination in which case, subject to clauses 15.11 and 15.12, any such appeal will be by way of a hearing de novo; and will be final and binding, unless a party gives notice of appeal to the other party within 21 days of receiving such determination.
Determination of Expert. The determination of the expert: must be in writing; and will be final and binding upon the parties.
Determination of Expert. The determination of the expert: must be in writing; will be substituted for the relevant direction of the Commonwealth's Representative unless a party gives notice of appeal to the other party within 21 days of receiving such determination in which case, subject to clauses 12.11 and 12.12, any such appeal will be by way of a hearing de novo; and will be final and binding, unless a party gives notice of appeal to the other party within 21 days of receiving such determination.
Determination of Expert. The determination of the expert: .1 must be in writing; .2 will be:
.1 substituted for the relevant direction of the Principal's Representative (where applicable); and .2 final and binding, .3 the amount determined by the expert exceeds the amount in Item 28 of Contract Details; and
4 a party gives notice of appeal to the other party within 15 Business Days of the determination; and .3 is to be given effect to by the parties unless and until it is reversed, overturned or otherwise changed under the procedure in the following subclauses.
Determination of Expert. Any Disputed Items not resolved within one (1) month following Purchaser’s receipt of the Objection Notice shall be submitted by Seller Parent and Purchaser to Deloitte & Touche GmbH Wirtschaftsprüfungsgesellschaft for review. Should this auditing firm become unavailable, Seller Parent and Purchaser shall agree on another auditing firm of international standing. If the Parties cannot reach agreement within two (2) weeks following the delivery of the Objection Notice to Purchaser, such auditing firm shall be determined upon request of either Seller Parent or Purchaser by the Institut der Wirtschaftsprüfer e.V.
Determination of Expert. (1) Any process or determination of the Dispute by the Expert will be made as an expert and not as an arbitrator and the determination of the Expert will be final and binding on the Shareholders without appeal so far as the law allows except in the case of manifest error or where either Shareholder has not been provided with a fair opportunity to make submissions in relation to the Dispute.
(2) Except as provided otherwise in this Agreement:
(a) each Shareholder must bear its own costs of and incidental to any proceedings under sections 19.10 to 19.12 (inclusive); and
(b) the costs of the Expert will be borne by the Shareholders in equal shares.
Determination of Expert. 3.1 The Expert shall:
(a) conduct and deliver his determination in the English language;
(b) be entitled to obtain such independent legal or other professional advice as he may reasonably require in making his determination;
(c) to the extent not provided for in or inconsistent with this part 2, determine the procedure to be followed but shall otherwise be directed to apply the provisions of this schedule 5 in making his determination, unless otherwise agreed by each of the Seller and the Purchaser in writing;
(d) make his determination on the remaining disputed items within in the range between the amounts proposed by the Seller and the Purchaser;
(e) determine on the basis of all information, documents and materials before him what adjustments (if any) are in his opinion necessary to the amounts shown by the Draft Completion Statements in respect of each of the disputed items referred to him in order to comply with the provisions of this agreement; and
(f) notify the Purchaser and the Seller of his determination in writing (without reasons) as soon as practicable.
3.2 The Expert's determination shall be final and binding on the parties except when there is fraud or manifest error. On the Expert's determination, the Draft Completion Statements shall be adjusted (if required) to reflect the disputed items as so determined.
3.3 The Expert's fees and expenses (including the costs of his nomination and any fees and expenses of any professional advisers appointed by him) shall be borne as determined by the Expert (having regard to the merits of the parties' submissions), failing which, borne equally by the Purchaser and the Seller.
Determination of Expert. The parties agree that the final determination by an expert will be final and binding upon them except in the case of fraud or misfeasance by the expert and unless either party commences proceedings with 28 days of receipt of the expert’s final certificate and determination as referred to at 12.7(2)(g) above.
Determination of Expert. In making its determination the Expert will act as an expert and not as an arbitrator.
Determination of Expert. (a) The parties acknowledge and agree that determination of the expert, in order to be valid under this deed:
(i) must be in writing, accompanied by reasons;
(ii) subject to subclause (b) below, will be final and binding on the parties; and
(iii) is not an arbitration within the meaning of any statute.
(b) If the determination of the expert contains a clerical mistake, an error arising from an accidental inclusion or omission, a material miscalculation of figures, a material mistake in the description of any person, matter or thing, or a defect of form, then:
(i) the party which noticed the relevant matter must notify the other parties in writing promptly,
(ii) the parties must use their best endeavours to ensure that the expert corrects the determination within 10 Business Days after they receive notice under clause 9(b) of this Schedule 6; or
(iii) if the expert does not correct the determination within that time, the parties may agree to appoint a substitute expert in accordance with the procedures established by clause 2 of this Schedule 6.
