Common use of Expert Decision Clause in Contracts

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 (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be final and binding upon the parties. Either party has 10 Business Days from the date the decision is provided to assert that the expert's decision contains a manifest error or the expert has acted in bad faith; (ix) the expert must use all reasonable endeavours to reach a final decision within 40 Business Days after appointment, and the parties must co-operate reasonably with the expert to achieve that timetable; (x) except as set out in clause 20.4(a)(xi), the costs of the expert will be borne equally by the parties. Each party will bear its own costs in relation to the expert's decision; and (xi) where a party has asserted that the expert's decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both parties.

Expert Decision. (a) Where Neither Party shall have final decision-making authority in the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), event the following provisions will applydisputed topic concerns the following: (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 determination whether a milestone has been successfully completed 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;whether a milestone becomes payable; or (ii) any amendment to be eligible for appointment, the expert must be independent and impartial, experienced Development Plan which may lead to a delay of the Development or adversely affect the successful Development of the Licensed Product in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless Field either within or outside 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 givenTerritory; (iii) the expert may seek independent legal advice regarding the appropriate procedures for resolution determination of the dispute;reasonable Development costs incurred by Licensee and the market potential of the Licensed Product upon termination of the Revertible Territory (or parts thereof) in accordance with Section 2.4; or (iv) the expert must adopt determination whether a procedure whichrequest by Licensor to charge Manufacturing Cost in excess of the Manufacturing Cost Cap is justified, and the amount, if any, in excess of the Manufacturing Cost Cap that Licensee is required to pay. Any dispute regarding such issues on which neither Party has the deciding vote or where this Agreement provides so, shall be referred to independent experts on who the Parties agree as set forth hereinafter: Each Party shall within seven (7) Business Days after one Party notifies the other Party of the dispute in writing propose one (1) independent expert and the other Party shall not unreasonably withhold its consent to the appointment of such expert's opinion. The Parties will then promptly make available the same set of documents supporting their proposals to both experts and both experts shall provide their expert opinion as to the fairness of such proposals in English language within four (4) weeks after the second expert has been appointed. If the two (2) experts come to materially dissenting opinions on the respective issue and are unable to resolve the dispute among themselves, a third expert shall, within seven (7) Business Days after such period ends, be appointed either jointly by the Parties or by the Chamber of Commerce in New York City, New York, USA, if the Parties cannot agree, who is the most simple and expeditious procedure practicable an expert 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 particular scientific or technical area at issue and who shall act as an expert and not an arbitrator. Such third expert shall have access to the written opinions of the two (2) other experts as an Arbitrator under well as to all documents that were made available to the Arbitration Xxx 0000two (2) experts. The third expert will shall then within two (2) weeks approve either one (1) of the two (2) written opinions of the first two (2) experts, and such opinion approved by the third expert shall 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 (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be considered final and binding upon on the parties. Either party Parties except if there has 10 Business Days from the date the decision is provided to assert that the expert's decision contains been a manifest error or on the expert has acted in bad faith; (ix) face of the expert must use all reasonable endeavours decision whereupon the Parties may revert to reach a final decision within 40 Business Days after appointmenttheir respective remedies under Section 16.7 below. Either Party shall bear the costs of its appointed expert, and the parties must co-operate reasonably with the expert to achieve that timetable; (x) except as set out in clause 20.4(a)(xi), the costs of the such third expert will shall be borne equally by the partiesParty, whose expert opinion was not approved. Each party will bear its own costs The Parties shall use their good faith efforts to expedite the process set forth in relation to the expert's decision; and (xi) where a party has asserted that the expert's decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both partiesthis Section 3.5.

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: (ia) 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; (iib) 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; (iiic) the expert may seek independent legal advice regarding the appropriate procedures for resolution of the dispute; (ivd) the expert must adopt a procedure which, in the expert's opinion, is the most simple and expeditious procedure practicable in the circumstances; (ve) 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; (vif) 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; (viig) 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; (viiih) the expert must provide a decision (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be final and binding upon the parties. Either party has 10 Business Days from the date the decision is provided to assert that the expert's decision contains a manifest error or the expert has acted in bad faith; (ixi) the expert must use all reasonable endeavours to reach a final decision within 40 Business Days after appointment, and the parties must co-operate reasonably with the expert to achieve that timetable; (xj) except as set out in clause 20.4(a)(xi20.4(k), the costs of the expert will be borne equally by the parties. Each party will bear its own costs in relation to the expert's decision; and (xik) where a party has asserted that the expert's decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both parties.

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: (ia) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five 5 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; (iib) 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; (iiic) the expert may seek independent legal advice regarding the appropriate procedures for resolution of the dispute; (ivd) the expert must adopt a procedure which, in the expert's opinion, is the most simple and expeditious procedure practicable in the circumstances; (ve) 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; (vif) the expert will act as an expert and not as an Arbitrator arbitrator under the Arbitration Xxx 0000. The expert will be entitled to rely on the expert’s own judgement and opinion; (viig) 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; (viiih) the expert must provide a decision (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be final and binding upon the parties. Either party has 10 Business Days from the date the decision is provided to assert that the expert's decision contains a manifest error or the expert has acted in bad faith; (ixi) the expert must use all reasonable endeavours to reach a final decision within 40 Business Days after appointment, and the parties must co-operate reasonably with the expert to achieve that timetable; (xj) except as set out in clause 20.4(a)(xi20.4(k), the costs of the expert will be borne equally by the parties. Each party will bear its own costs in relation to the expert's decision; and (xik) where a party has asserted that the expert's decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both parties.

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 ’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 (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be final and binding upon the parties. Either party has 10 Business Days from the date the decision is provided to assert that the expert's ’s decision contains a manifest error or the expert has acted in bad faith; (ix) the expert must use all reasonable endeavours to reach a final decision within 40 Business Days after appointment, and the parties must co-operate reasonably with the expert to achieve that timetable; (x) except as set out in clause 20.4(a)(xi), the costs of the expert will be borne equally by the parties. Each party will bear its own costs in relation to the expert's ’s decision; and (xi) where a party has asserted that the expert's ’s decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's ’s favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both parties.

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 (5) 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 fifteen (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 twelve (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 (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be final and binding upon the parties. Either party has 10 ten (10) Business Days from the date the decision is provided to assert that the expert's decision contains a manifest error or the expert has acted in bad faith; (ix) ; the expert must use all reasonable endeavours to reach a final decision within 40 forty (40) Business Days after appointment, and the parties must co-operate reasonably with the expert to achieve that timetable; (x) ; except as set out in clause 20.4(a)(xi20.4(k), the costs of the expert will be borne equally by the parties. Each party will bear its own costs in relation to the expert's decision; and (xi) where a party has asserted that the expert's decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both parties.

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: (ia) 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; (iib) 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; (iiic) the expert may seek independent legal advice regarding the appropriate procedures for resolution of the dispute; (ivd) the expert must adopt a procedure which, in the expert's opinion, is the most simple and expeditious procedure practicable in the circumstances; (ve) 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; (vif) the expert will act as an expert and not as an Arbitrator under the Arbitration Xxx 0000Act 1996. The expert will be entitled to rely on the expert’s own judgement and opinion; (viig) 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; (viiih) the expert must provide a decision (which must include reasons for that decision) to the parties in writing as soon as reasonably practicable and, in the absence of manifest error or bad faith, that decision will be final and binding upon the parties. Either party has 10 Business Days from the date the decision is provided to assert that the expert's decision contains a manifest error or the expert has acted in bad faith; (ixi) the expert must use all reasonable endeavours to reach a final decision within 40 Business Days after appointment, and the parties must co-operate reasonably with the expert to achieve that timetable; (xj) except as set out in clause 20.4(a)(xi20.4(k), the costs of the expert will be borne equally by the parties. Each party will bear its own costs in relation to the expert's decision; and (xik) where a party has asserted that the expert's decision contains a manifest error or the expert has acted in bad faith, and such assertion is not upheld in that party's favour by the relevant court or other authority, then the party making the assertion will bear the costs (that is, all court or other authority costs) of both parties.