DISPUTE PROVISIONS. 16.1 In the event of any dispute or difference arising between any of the parties to this Deed in respect of any matter contained in this Deed such dispute or difference may be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares. 16.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares. 16.3 Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days after the conclusion of any hearing that takes place or thirty Working Days after he has received any file or written representation. 16.4 The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days. 16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 3 contracts
Samples: Section 106 Agreement, Section 106 Agreement, Section 106 Agreement
DISPUTE PROVISIONS. 16.1 18.1 In the event of any dispute or difference arising between any of the parties to this Deed Agreement in respect of any matter contained in this Deed Agreement such dispute or difference may be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert Expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert Expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 18.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 18.1 or as to the appropriateness of the professional body then such question may be referred by either part party to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert Expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 18.3 Any expert Expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty twenty (20) Working Days after the conclusion of any hearing that takes place or thirty twenty (20) Working Days after he has received any file or each party's final written representation.
16.4 18.4 The expert Expert shall be required to give notice to each of the said parties requiring them to submit to him within ten (10) Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.(10)
Appears in 3 contracts
Samples: Section 106 Agreement, Section 106 Agreement, Section 106 Agreement
DISPUTE PROVISIONS. 16.1 11.1 In the event of any dispute or difference arising between any of the parties to this Deed hereto in respect of any matter contained in this Deed such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 11.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 11.1 above or as to the appropriateness of the professional body then such question may be referred by either part party to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of any manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 11.3 Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable practical timescale allowing for the nature and complexity of the dispute and in any event not more than thirty twenty‑eight Working Days after the conclusion of any hearing that takes place or thirty twenty‑eight Working Days after he has received any file or written representation.
16.4 11.4 The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days.
16.5 Days The provisions of Mortgagee acknowledges and declares that this clause Deed has been entered into by the Owner with its consent and the Application Site shall not affect be bound by the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing planning obligations contained in this Deed and consequential and interim orders and relief.that the security of the legal charge affecting the Application Site shall take effect subject to this Deed provided that the Mortgagee shall otherwise have no liability under this Deed unless it takes possession of the Application Site or any part of it in which case it will too be bound by the planning obligations as if it was a person deriving title from the Owner
Appears in 2 contracts
Samples: Planning Agreement, Planning Agreement
DISPUTE PROVISIONS. 16.1 18.1. In the event of any dispute or difference arising between any of the parties to this Deed in respect of any matter contained in this Deed such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 18.2. In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 18.1 or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 18.3. Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days twenty-eight working days after the conclusion of any hearing that takes place or thirty Working Days twenty-eight working days after he has received any file or written representation.
16.4 18.4. The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days working days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Daysworking days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 2 contracts
Samples: Planning Obligation by Deed of Agreement, Planning Obligation by Deed of Agreement
DISPUTE PROVISIONS. 16.1 13.1 In the event of any dispute or difference arising between any of the Council and the parties to this Deed in respect of any matter contained in this Deed such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an Pembrokeshire County Council agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England Wales with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 13.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 13.1 or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 13.3 Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days twenty-eight working days after the conclusion of any hearing that takes place or thirty Working Days twenty-eight working days after he has received any file or written representation.
16.4 13.4 The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days working days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Daysworking days.
16.5 13.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, and any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 1 contract
Samples: Deed
DISPUTE PROVISIONS. 16.1 18.1. In the event of any dispute or difference arising between any of the parties to this Deed Agreement in respect of any matter contained in this Deed Agreement such dispute or difference may be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert Expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert Expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 18.2. In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 18.1 or as to the appropriateness of the professional body then such question may be referred by either part party to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert Expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 18.3. Any expert Expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty twenty (20) Working Days after the conclusion of any hearing that takes place or thirty twenty (20) Working Days after he has received any file or each party's final written representation.
16.4 18.4. The expert Expert shall be required to give notice to each of the said parties requiring them to submit to him within ten (10) Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.his
Appears in 1 contract
Samples: Section 106 Agreement
DISPUTE PROVISIONS. 16.1 In the event of any dispute or difference arising between any of the parties to this Deed District Council and the Owner in respect of any matter contained Schedules 2, 3 and 4 of in this Deed such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties District Council and/or the Owner to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties District Council and the Owner in equal shares.
16.2 . In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 15.1 or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties the District Council and/or the Owner in the absence of manifest error and his costs shall be payable by the parties District Council and/or the Owner to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties District Council and/or the Owner in equal shares.
16.3 . Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty twenty-eight Working Days after the conclusion of any hearing that takes place or thirty twenty-eight Working Days after he has received any file or written representation.
16.4 . The expert shall be required to give notice to each of the said parties District Council and/or the Owner requiring them to submit to him within ten Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days.
16.5 . The provisions of this clause shall not affect the ability of the [District/Borough] District Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 1 contract
Samples: Unilateral Undertaking
DISPUTE PROVISIONS. 16.1 18.1 In the event of any dispute or difference arising between any of the parties to this Deed Agreement in respect of any matter contained in this Deed Agreement such dispute or difference may be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert Expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert Expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 18.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 18.1 or as to the appropriateness of the professional body then such question may be referred by either part party to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert Expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 18.3 Any expert Expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty twenty (20) Working Days after the conclusion of any hearing that takes place or thirty twenty (20) Working Days after he has received any file or each party's final written representation.
16.4 18.4 The expert Expert shall be required to give notice to each of the said parties requiring them to submit to him within ten (10) Working Days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.appointment
Appears in 1 contract
Samples: Section 106 Agreement
DISPUTE PROVISIONS. 16.1 27.1 In the event of any dispute or difference arising between any of the parties to this Deed Agreement in respect of any matter contained in this Deed Agreement such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 27.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 26.1 or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 27.3 Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days twenty-eight working days after the conclusion of any hearing that takes place or thirty Working Days twenty-eight working days after he has received any file or written representation.
16.4 27.4 The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days working days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Daysworking days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 1 contract
Samples: Section 106 Agreement
DISPUTE PROVISIONS. 16.1 9.1 In the event of any dispute or difference arising between any of the parties to this Deed in respect of any matter contained in this Deed such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreementagreement between the parties to the dispute) by or on behalf of the president for the time being of the professional body chiefly relevant in England with to such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 9.2 In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] 9.1 or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal shares.
16.3 9.3 Any expert howsoever appointed shall be subject to the express requirement that a decision was is reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days twenty-eight working days after the conclusion of any hearing that takes place or thirty Working Days twenty-eight working days after he has received any file or written representation.
16.4 9.4 The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days working days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Daysworking days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 1 contract
Samples: Unilateral Undertaking
DISPUTE PROVISIONS. 16.1
14.1. In the event of any dispute or difference arising between any of the parties to this Deed in respect of any matter contained in this Deed such dispute or difference may shall be referred by any party to an independent and suitable person holding appropriate professional qualifications to be appointed (in the absence of an agreement) by or on behalf of the president for the time being of the professional body chiefly relevant in England with such matters as may be in dispute and such person shall act as an expert whose decision shall be final and binding on the parties in the absence of manifest error and any costs shall be payable by the parties to the dispute in such proportion as the expert shall determine and failing such determination shall be borne by the parties in equal shares.
16.2 14.2. In the absence of agreement as to the appointment or suitability of the person to be appointed pursuant to Clause [16.1] clause 14.1 or as to the appropriateness of the professional body then such question may be referred by either part to the president for the time being of the Law Society for him to appoint a solicitor to determine the dispute such solicitor acting as an expert and his decision shall be final and binding on all parties in the absence of manifest error and his costs shall be payable by the parties to the dispute in such proportion as he shall determine and failing such determination shall be borne by the parties in equal sharesOwner.
16.3 14.3. Any expert howsoever appointed shall be subject to the express requirement that a decision was reached and communicated to the relevant parties within the minimum practicable timescale allowing for the nature and complexity of the dispute and in any event not more than thirty Working Days twenty-eight working days after the conclusion of any hearing that takes place or thirty Working Days twenty-eight working days after he has received any file or written representation.
16.4 14.4. The expert shall be required to give notice to each of the said parties requiring them to submit to him within ten Working Days working days of notification of his appointment written submissions and supporting material and the other party will be entitled to make a counter written submission within a further ten Working Daysworking days.
16.5 The provisions of this clause shall not affect the ability of the [District/Borough] Council or the County Council to apply for and be granted any of the following: declaratory relief, injunction, specific performance, payment of any sum, damages, any other means of enforcing this Deed and consequential and interim orders and relief.
Appears in 1 contract
Samples: Section 106 Agreement