Directions to expert Sample Clauses

Directions to expert. (1) In reaching a determination in respect of a dispute under clause 10.6, the independent expert must give effect to the intent of the parties entering into this document and the purposes of this document.
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Directions to expert. ‌‌ In reaching a determination in respect of a dispute under clause (2) the independent expert must give effect to the intent of the parties entering into this Agreement and the purposes of this Agreement. The expert must: act as an expert and not as an arbitrator; proceed in any manner as the expert thinks fit without being bound to observe the rules of natural justice or the rules of evidence; not accept verbal submissions unless both parties are present; on receipt of a written submission from one party, ensure that a copy of that submission is given promptly to the other party; take into consideration all documents, information and other material which the parties give the expert which the expert in its absolute discretion considers relevant to the determination of the Dispute; not be expected or required to obtain or refer to any other documents, information or material (but may do so if the expert so wishes); issue a draft certificate stating the expert’s intended determination (together with written reasons), giving each party ten (10) Business Days to make further submissions; issue a final certificate stating the expert’s determination (together with written reasons); and act with expedition with a view to issuing the final certificate as soon as practicable. The parties must comply with all directions given by the expert in relation to the resolution of the Dispute and must within the time period specified by the expert, give the expert: a short statement of facts; a description of the Dispute; and any other documents, records or information which the expert requests.
Directions to expert. In reaching a determination in respect of a dispute under paragraph 3, the independent expert must give effect to the intent of the Parties entering into this Planning Agreement.

Related to Directions to expert

  • Impartial Decisions The Design Professional is the interpreter of the conditions of the Construction Contract and the judge of its performance, in the first instance. The Design Professional shall side neither with the Owner nor with the Contractor, but shall use its powers to enforce performance by both.

  • Nurse Representatives & Grievance Committee (a) The Hospital agrees to recognize Association representatives to be elected or appointed from amongst nurses in the bargaining unit for the purpose of dealing with Association business as provided in this Collective Agreement. The number of representatives and the areas which they represent are set out in the Appendix of Local Provisions.

  • Professional Meetings Employees should be encouraged to and may, with the approval of the supervisor, attend professional meetings, conferences, and activities. Subject to the availability of funds, the employee's expenses in connection with such meetings, conferences, or activities shall be reimbursed in accordance with the applicable provisions of State law and university rules.

  • Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.

  • Function of Committee The Committee shall concern itself with the following general matters:

  • Technical Objections to Grievances It is the intent of both Parties of this Agreement that no grievance shall be defeated merely because of a technical error, other than time limitations in processing the grievance through the grievance procedure. To this end, an arbitration board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and to render a decision according to equitable principles and the justice of the case.

  • APPOINTING OFFICERS The Member may appoint officers or managers and define their function and authority per Section 00-00-000 of the Act.

  • Decisions of the Board The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable upon all parties but in no event shall the Board of Arbitration have the power to change this agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of any discharge or discipline grievances by any arrangement which in its opinion it deems just and equitable.

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