Common use of Dispute by Independent Expert Clause in Contracts

Dispute by Independent Expert. (a) Each Party shall have the right to submit Disputes regarding title issues, environmental issues, or calculation of the Statement, the Final Statement or revisions thereto, to an independent expert appointed in accordance with this Section 16.03 (each, an “Independent Expert”), who shall serve as sole arbitrator. The Independent Expert shall be appointed by mutual agreement of the Parties from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected by the Chief Judge of the United States District Court for the Southern District of Texas. (b) Disputes to be resolved by an Independent Expert shall be resolved in accordance with mutually agreed procedures and rules and failing such agreement, in accordance with the rules and procedures of the Texas Arbitration Act and the Rules of the American Arbitration Association to the extent such Rules do not conflict with such Texas Arbitration Act or the provisions of this Agreement. The Independent Expert shall be instructed by the Parties to resolve such Dispute as soon as reasonably practicable in light of the circumstances. The decision and award of the Independent Expert shall be binding upon the Parties as an award under the Federal Arbitration Act and final and nonappealable to the maximum extent permitted by law, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any Party as a final judgment of such court. (c) The charges and expenses of the arbitration (including, without limitation, the Independent Expert) shall be shared equally by Seller and Buyer. (d) Any arbitration hearing held pursuant to Section 16.03 shall be held in Midland, Texas.

Dispute by Independent Expert. (a) Each Party shall have the right to submit Disputes regarding title issues, environmental issues, or calculation of the Statement, the Final Statement or revisions thereto, to an independent expert appointed in accordance with this Section 16.03 (each, an “"Independent Expert”"), who shall serve as sole arbitrator. The Independent Expert shall be appointed by mutual agreement of the Parties from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected by in accordance with the Chief Judge Rules (as defined in Subsection (b) of the United States District Court for the Southern District of Texasthis Section 16.03). (b) Disputes to be resolved by an Independent Expert shall be resolved in accordance with mutually agreed procedures and rules and failing such agreement, in accordance with the rules and procedures of the Texas Arbitration Act and the Rules of the American Arbitration Association to the extent such Rules do not conflict with such Texas Arbitration Act or the provisions of this Agreement. Agreement The Independent Expert shall be instructed by the Parties to resolve such Dispute as soon as reasonably practicable in light of the circumstances. The decision and award of the Independent Expert shall be binding upon the Parties as an award under the Federal Texas Arbitration Act and final and nonappealable to the maximum extent permitted by law, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any Party as a final judgment of such court. (c) The charges and expenses of the arbitration (including, without limitation, the Independent Expert) arbitrator shall be shared equally by Seller and Buyer. (d) Any arbitration hearing held pursuant to Section 16.03 shall be held in MidlandHouston, Texas.

Dispute by Independent Expert. (a) Each Party shall have the right to submit Disputes regarding title issues, environmental issues, issues or calculation of the Statement, the Final Statement or revisions thereto, to an independent expert appointed in accordance with this Section 16.03 (each, an “Independent Expert”), who shall serve as sole arbitrator. The Independent Expert shall be appointed by mutual agreement of the Parties from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected by in accordance with the Chief Judge Rules (as defined in Subsection (b) of the United States District Court for the Southern District of Texasthis Section 16.03). (b) Disputes to be resolved by an Independent Expert shall be resolved in accordance with mutually agreed procedures and rules and failing such agreement, in accordance with the rules and procedures of the Texas Arbitration Act and the Rules of the American Arbitration Association to the extent such Rules do not conflict with such Texas Arbitration Act or the provisions of this Agreement. The Independent Expert shall be instructed by the Parties to resolve such Dispute as soon as reasonably practicable in light of the circumstances. The decision and award of the Independent Expert shall be binding upon the Parties as an award under the Federal Arbitration Act and final and nonappealable to the maximum extent permitted by lawLaw, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any Party as a final judgment of such court. (c) The charges and expenses of the arbitration (including, without limitation, the Independent Expert) arbitrator shall be shared equally by Seller and Buyer. (d) Any arbitration hearing held pursuant to Section 3.05 or Section 16.03 shall be held in MidlandLos Angeles, TexasCalifornia.

Dispute by Independent Expert. (a) Each Party shall have the right to submit Disputes regarding title issues, environmental issues, or calculation of the Statement, the Final Statement or revisions thereto, to an independent expert appointed in accordance with this Section 16.03 (each, an “Independent Expert”), who shall serve as sole arbitrator. The Independent Expert shall be appointed by mutual agreement of the Parties from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected by in accordance with the Chief Judge Rules (as defined in Subsection (b) of the United States District Court for the Southern District of Texasthis Section 16.03). (b) Disputes to be resolved by an Independent Expert shall be resolved in accordance with mutually agreed procedures and rules and failing such agreement, in accordance with the rules and procedures of the Texas Arbitration Act and the Rules of the American Arbitration Association to the extent such Rules do not conflict with such Texas Arbitration Act or the provisions of this Agreement. Agreement The Independent Expert shall be instructed by the Parties to resolve such Dispute as soon as reasonably practicable in light of the circumstances. The decision and award of the Independent Expert shall be binding upon the Parties as an award under the Federal Arbitration Act and final and nonappealable to the maximum extent permitted by law, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any Party as a final judgment of such court. (c) The charges and expenses of the arbitration (including, without limitation, the Independent Expert) arbitrator shall be shared equally by Seller and BuyerPurchaser. (d) Any arbitration hearing held pursuant to Section 16.03 shall be held in MidlandHouston, Texas.

Dispute by Independent Expert. (a) Each Party shall have the right to submit Disputes regarding title issues, environmental issues, or calculation of the Statement, the Final Statement or revisions thereto, to an independent expert appointed in accordance with this Section 16.03 (each, an “Independent Expert”), who shall serve as sole arbitrator. The Independent Expert shall be appointed by mutual agreement of the Parties from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected by in accordance with the Chief Judge Rules (as defined in Subsection (b) of the United States District Court for the Southern District of Texasthis Section 16.03). (b) Disputes to be resolved by an Independent Expert shall be resolved in accordance with mutually agreed procedures and rules and failing such agreement, in accordance with the rules and procedures of the Texas Arbitration Act and the Rules of the American Arbitration Association to the extent such Rules do not conflict with such Texas Arbitration Act or the provisions of this Agreement. Agreement The Independent Expert shall be instructed by the Parties to resolve such Dispute as soon as reasonably practicable in light of the circumstances. The decision and award of the Independent Expert shall be binding upon the Parties as an award under the Federal Arbitration Act and final and nonappealable to the maximum extent permitted by law, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any Party as a final judgment of such court. (c) The charges and expenses of the arbitration (including, without limitation, the Independent Expert) arbitrator shall be shared equally by Seller Sellers and Buyer. (d) Any arbitration hearing held pursuant to Section 16.03 shall be held in MidlandHouston, Texas.

Dispute by Independent Expert. (a) Each Party shall have the right to submit Disputes regarding title issues, environmental issues, or calculation of the Statement, the Final Statement or revisions thereto, to an independent expert appointed in accordance with this Section 16.03 (each, an “Independent Expert”), who shall serve as sole arbitrator. The Independent Expert shall be appointed by mutual agreement of the Parties from among candidates with experience and expertise in the area that is the subject of such Dispute, and failing such agreement, such Independent Expert for such Dispute shall be selected by in accordance with the Chief Judge Rules (as defined in Subsection (b) of the United States District Court for the Southern District of Texasthis Section 16.03). (b) Disputes to be resolved by an Independent Expert shall be resolved in accordance with mutually agreed procedures and rules and failing such agreement, in accordance with the rules and procedures of the Texas Arbitration Act and the Rules of the American Arbitration Association to the extent such Rules do not conflict with such Texas Arbitration Act or the provisions of this Agreement. The Independent Expert shall be instructed by the Parties to resolve such Dispute as soon as reasonably practicable in light of the circumstances. The decision and award of the Independent Expert shall be binding upon the Parties as an award under the Federal Arbitration Act and final and nonappealable to the maximum extent permitted by law, and judgment thereon may be entered in a court of competent jurisdiction and enforced by any Party as a final judgment of such court. (c) The charges and expenses of the arbitration (including, without limitation, the Independent Expert) arbitrator shall be shared equally by Seller and Buyer. (d) Any arbitration hearing held pursuant to Section 16.03 shall be held in MidlandDallas, Texas.