Expert Decision. (a) Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply:
(i) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five Business Days of the Expert Referral Agreement, then an appropriately qualified and experienced expert will be appointed at the written request of either party by the Chair of the Telecommunications Carriers' Forum. The party making this request will use, and where possible ensure that the Chair of the Telecommunications Carriers' Forum uses, best endeavours to ensure that the appointment of the expert occurs no later than 15 Business Days from the date of the Expert Referral Agreement. The party making this request must copy the request to the other party;
(ii) to be eligible for appointment, the expert must be independent and impartial, experienced in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless the parties agree otherwise, he or she must not have performed any duties, whether as an employee, consultant or contractor, for any of the parties or any related company (as defined in section 2(3) of the Companies Act 1993) during a 12 month period prior to the date the dispute notice was given;
(iii) the expert may seek independent legal advice regarding the appropriate procedures for resolution of the dispute;
(iv) the expert must adopt a procedure which, in the expert's opinion, is the most simple and expeditious procedure practicable in the circumstances;
(v) the parties will provide the expert with any information that the expert reasonably requires in a timely manner. The expert is entitled to make a decision in the absence of the information requested being provided, but subject to a reasonable time being given to the relevant party to provide that information;
(vi) the expert will act as an expert and not as an Arbitrator under the Arbitration Xxx 0000. The expert will be entitled to rely on the expert’s own judgement and opinion;
(vii) the expert will provide the parties with a draft decision for comment prior to finalising it. The expert must provide the parties with a reasonable period in which to comment on the draft decision and must take any comments received during that period into account in finalising a decision;
(viii) the expert must provide a decision (wh...
Expert Decision. (a) Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply:
(i) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five Business Days of the Expert Referral Agreement, then an appropriately qualified and experienced expert will be appointed at the written request of either party by the Chair of the Telecommunications Carriers' Forum. The party making this request will use, and where possible ensure that the Chair of the Telecommunications Carriers' Forum uses, best endeavours to ensure that the appointment of the expert occurs no later than 15 Business Days from the date of the Expert Referral Agreement. The party making this request must copy the request to the other party; (ii) to be eligible for appointment, the expert must be independent and impartial, experienced in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless the parties agree otherwise, he or she must not have performed any duties, whether as an employee, consultant or contractor, for any of the parties or any related company (as defined in section 2(3) of the Companies Act 1993) during a 12 month period prior to the date the dispute notice was given;
Expert Decision. (a) Any decision by an expert is confidential between the Parties.
(b) The Parties agree that the decision of an expert is final and binding on the Parties.
Expert Decision. Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply:
(a) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five
Expert Decision. (a) Any decision by an expert is confidential between the Parties.
(b) The Parties agree that the decision of an expert is final and binding on the Parties.
(a) The Access Seeker must satisfy the conditions precedent set out in this Attachment A before the Multiplex Licensee is obliged to supply, and the Access Seeker is able to acquire, the Multiplex Transmission Service.
(b) The conditions precedent that have to be satisfied are as follows:
(i) the Access Seeker must be either:
(A) an Incumbent Commercial Broadcaster;
(B) a Digital Community Broadcaster;
(C) the Representative Company where the Representative Company is exercising powers specified in its constitution or the powers referred to in section 9C(1)(k) of the Radiocommunications Act; or
(D) a Restricted Datacaster;
(ii) the Access Seeker must submit an Application for entry into Agreement in accordance with clause 2 of this Attachment A; and
(iii) the Access Seeker has satisfied any requirements for Financial Security set out in clause 3 of this Attachment A. Formatted: Schedule 3
(c) The Multiplex Licensee will waive the conditions precedent in clauses 1(b)(ii) and 1(b)(iii) of this Attachment A in respect of all Access Seekers that acquired the Multiplex Transmission Service prior to 1 January 2013 from the Multiplex Licensee.
Expert Decision. If a dispute remains unresolved pursuant to Section 9.2(e)(v), on which neither Party has the deciding vote, then upon written request by either Party to the other Party, the Parties shall promptly negotiate in good faith to appoint an appropriate expert (“Expert”). If the Parties are unable to agree on an Expert by mutual written agreement within seven (7) calendar days after the receipt by a Party of the written request in the immediately preceding sentence, the Expert shall be appointed by the International Centre for Expertise of the International Chamber of Commerce (“ICC”) under its rules of expertise; provided, however, that initially, the Parties shall [***] the fees charged by ICC upon appointment of the Expert. The Parties will then promptly make available the same set of documents supporting their proposals to the mutually agreed Expert or the appointed Expert, as the case may be. Such Expert shall have the right to meet with the Parties, either alone or together, as necessary to make a determination. Each Party shall submit to such Expert and exchange with each other in advance of such Expert’s review their last, best offers. Such Expert shall be limited to awarding only one or the other of the offers submitted. No later than [***] calendar days after the agreement or designation of such Expert, as the case may be, such Expert shall make a determination. Such Expert shall provide the Parties with a written statement setting forth the basis of the determination in connection therewith. The decision of such Expert shall be final and conclusive and binding on the Parties and their Affiliates and Sublicensees, absent manifest error. The costs of such Expert shall be borne [***]. The Parties shall use their good faith efforts to expedite the processes set forth in Section 9.2(e) and this Section 9.3.
Expert Decision. (a) Any decision by an expert is confidential between the Parties.
(b) The Parties agree that the decision of an expert is final and binding on the Parties.
(a) The Access Seeker must satisfy the conditions precedent set out in this Attachment A before the Multiplex Licensee is obliged to supply, and the Access Seeker is able to acquire, the Multiplex Transmission Service.
(b) The conditions precedent that have to be satisfied are as follows:
(i) the Access Seeker must be either:
(A) an Incumbent Commercial Broadcaster;
(B) a Digital Community Broadcaster;
(C) the Representative Company where the Representative Company is exercising powers specified in its constitution or the powers referred to in section 9C(1)(k) of the Radiocommunications Act; or
(D) a Restricted Datacaster;
(ii) the Access Seeker must submit an Application for entry into Agreement in accordance with clause 2 of this Attachment A; and
(iii) the Access Seeker has satisfied any requirements for Financial Security set out in clause 3 of this Attachment A.
Expert Decision. 25.2.1 Where a Dispute is designated in the Agreement or any Country Agreement as appropriate for Expert Decision, it shall be referred for determination to an expert (the "Expert") who shall act as an expert and not as an arbitrator nominated either jointly by the parties, or failing agreement between them within the time stated in this Agreement or, where no time is stated, within 10 working days, on the application of BPA or Exult by the President for the time being of: --------------- * Confidential treatment is requested for redacted portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
(i) the Institute of Electrical Engineers for any issue involving software, hardware, or systems;
(ii) the Institute of Chartered Accountants for England and Wales for any issue involving finance, accounting and tax; and
(iii) the Institute of Personnel and Development Management for any issue involving human resources polices and practices that cannot be referred to an appropriate Expert under Clause 25.2.1(i) and (ii) above.
25.2.2 The parties agree:
(i) to supply the Expert with the assistance, documents and information he/she requires for the purpose of his/her determination;
(ii) that in all cases the terms of appointment of the Expert shall include a requirement on the Expert to give his/her determination with 21 days or such other period as may be agreed, to hold professional indemnity insurance for both then and for 3 years following the date of his/her determination and to establish his/her own reasonable procedures to enable him to give his determination; and
(iii) that in determining any disagreement on any element of the Due Diligence Report pursuant to Clause 4.5 the Expert shall take into account of what was being referred or provided to the relevant Participating Affiliate prior to the relevant Effective Date.
25.2.3 The Expert's Decision is final and binding on the parties in the absence of negligence, manifest error or bad faith. The Expert acts as an expert and not an arbitrator; Expert's Decision is not a quasi-judicial procedure. Save as provided elsewhere in this Agreement, each party shall bear its own costs and the costs of the Expert shall be borne equally between the parties.
Expert Decision. 29.2.1 Where a Dispute is designated in this Agreement as appropriate for Expert Decision it shall be referred for determination to an Expert nominated either jointly by the parties, or failing agreement between them within the time stated in this Agreement or, where no time is stated, within 10 working days, on the application of the Client or Exult Supplier, to:
(i) the Institute of Electrical Engineers for any issue involving software, hardware, or systems;
(ii) the Institute of Chartered Accountants for England and Wales for any issue involving finance, accounting and tax; and
(iii) the Institute of Personnel and Development Management for any issue involving human resources polices and practices that cannot be referred to an appropriate Expert under Clause 29.2.1(i) and (ii).
29.2.2 The parties agree:
(i) to supply the Expert with the assistance, documents and information he/she requires for the purpose of his/her determination;
(ii) that in all cases, the terms of appointment of the Expert shall include a requirement on the Expert to give his/her determination with 21 days or such other period as may be agreed, to hold professional indemnity insurance for both then and for 3 years following the date of his/her determination and to establish his/her own reasonable procedures to enable him to give his determination; and
(iii) that in considering any issue relating to the KPIs the Expert shall take into account the performance levels of service achieved by the Client.
29.2.3 The Expert's Decision is final and binding on the parties in the absence of negligence, manifest error or bad faith. The Expert acts as an expert and not an arbitrator and the Expert's Decision is not a quasi-judicial procedure. Save as provided elsewhere in this Agreement, each party shall bear its own costs and the costs of the Expert shall be borne equally between the parties.
Expert Decision. Confidential treatment is requested for redacted portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
