Expert Determination Agreement Sample Clauses

Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Financial Representative Means: in relation to the Contractor, the Contractor's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the Contractor; and in relation to a subcontractor, the subcontractor's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the subcontractor. GEMS The Xxxxxxxx and Estate Management System established and managed by the Commonwealth to record and manage Estate Information including to define the classifications, attributes and formats for recording data for each element on the Defence Estate.
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Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Fee If: clause 9 does not apply, the amount set out in the Contract Particulars as adjusted in accordance with the Contract; or clause 9 applies, the sum of the Planning Phase Fee and the Delivery Phase Fee (if any). Fee Payment Schedule The fee payment schedule (if any) set out in Annexure 4, as adjusted from time to time in accordance with clause 11.18, setting out: the instalments in which the Fee (or any part of the Fee) will be payable; and if applicable, the milestones which must be achieved for each instalment to become payable (failing which the Consultant's entitlement to be paid the relevant instalment of the Fee will not arise until such time as the applicable milestone is achieved).
Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Financial Representative Means: in relation to the Subcontractor, the Subcontractor’s chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the Subcontractor; and in relation to a subsubcontractor, the subsubcontractor’s chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the subsubcontractor. Geocoded Information Information that can be assigned to a geographic feature, including: buildings (floor plans) and key datasets related to business, services or occupancy information overlays; and library reference datasets including documents and other information, as described in or reasonably to be inferred from the Subcontract Works Description.
Expert Determination Agreement. An expert agreement on the terms set out in the Schedule of Collateral Documents. Fee If the Services: are not phased, the amount set out in the Contract Particulars as adjusted, subject to clause 13.5 (if applicable), under the Contract; or are phased, either: the sum of the Initial Planning Phase Fee, the Planning Phase Fee(if any) and the Delivery Phase Fee (if any); or the sum of the Planning Phase Fee and the Delivery Phase Fee (if any). Financial Representative Means: in relation to the Consultant, the Consultant's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the Consultant; and in relation to a subconsultant, the subconsultant's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the subconsultant. GEMS The Xxxxxxxx and Estate Management System established and managed by the Commonwealth to record and manage Estate Information including to define the classifications, attributes and formats for recording data for each element on the Defence Estate.
Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Fee Payment Schedule The schedule specified in the Contract Particulars, as adjusted from time to time in accordance with clause 12.23, and which sets out: the instalments in which the Contract Price (or any part of the Contract Price) will be payable; and if applicable, the milestones which must be achieved for each instalment to become payable (failing which the Contractor's entitlement to be paid the relevant instalment of the Contract Price will not arise until such time as the applicable milestone is achieved).
Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Financial Representative Means: in relation to the Contractor, the Contractor's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the Contractor; and in relation to a subcontractor, the subcontractor's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the subcontractor.
Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Fee If: clause 9 does not apply, the amount set out in the Contract Particulars as adjusted in accordance with the Contract; or
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Expert Determination Agreement. An expert determination agreement on the terms set out in the Schedule of Collateral Documents. Financial Representative Means: in relation to the Subcontractor, the Subcontractor's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the Subcontractor; and in relation to a subsubcontractor, the subsubcontractor's chief financial officer, financial controller or other officer or employee with primary responsibility for managing the financial affairs of the subsubcontractor. Geocoded Information Information that can be assigned to a geographic feature, including: buildings (floor plans) and key datasets related to business, services or occupancy information overlays; and library reference datasets including documents and other information, as described in or reasonably to be inferred from the Design Documents. Georeferenced Information Information that can be aligned to a known coordinate system or is identified as a key dataset relating to the Site to which related products are linked, can be viewed or queried with other geographic data overlays, including: Site level georeferenced key datasets (Defence Master Site Plan) and related underground and above ground services; aerial photography and satellite imagery; co-ordinate locations, including fauna sightings and contamination locations; environmental mapping, including vegetation communities and fire management areas; and estate management business information overlays, as described in or reasonably to be inferred from the Design Documents. GST The tax payable on taxable supplies under the GST Legislation.

Related to Expert Determination Agreement

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Determination of Agreement 29. (1) In any of the following events namely if —

  • Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days.

  • Order of Benefit Determination Rules When a Member is covered by two or more plans, the rules for determining the order of benefit payments are as follows:

  • Interest determination (a) Where Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined, the Rate of Interest for each Interest Period will, subject as provided below, be either:

  • DETERMINATIONS AND NOTIFICATIONS IN RESPECT OF NOTES AND INTEREST DETERMINATION (a) The Agent shall, unless otherwise specified in the applicable Final Terms, make all the determinations and calculations which it is required to make, if any, under the Conditions, all subject to and in accordance with the Conditions.

  • Determination by Independent Firm In the event of any question arising with respect to the adjustments provided for in this Article 4 such question shall be conclusively determined by an independent firm of chartered accountants other than the Auditors, who shall have access to all necessary records of the Corporation, and such determination shall be binding upon the Corporation, the Warrant Agent, all holders and all other persons interested therein.

  • Penalty Determination H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because IIT sold, supplied, offered for sale, consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties for selling uncertified charcoal lighter material in California. In this case, the total penalty is $7,500 for selling uncertified charcoal lighter material in California. The penalty in this case was reduced because this was a strict liability first-time violation and IIT made diligent efforts to cooperate with the investigation. To come into compliance, IIT no longer offers Safegel BBQ & Fireplace Lighting Gel Fire Starter for commerce in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by IIT that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and IIT that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against IIT, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that IIT may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the violations was not practicable.

  • HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance.

  • CONTRACT MANAGEMENT AND EARLY TERMINATION 14 8.1 Contract Remedies. 14 8.2 Termination for Convenience 14 8.3 Termination for Cause 14 ARTICLE IX. MISCELLANEOUS PROVISIONS 15 9.1 Amendment 15 9.2 Insurance 15 9.3 Legal Obligations 15 9.4 Permitting and Licensure 16 9.5 Indemnity 16 9.6 Assignments 16 9.7 Independent Contractor 17 9.8 Technical Guidance Letters 17 9.9 Dispute Resolution 17 9.10 Governing Law and Venue 17 9.11 Severability 17 9.12 Survivability 18 9.13 Force Majeure 18 9.14 No Waiver of Provisions 18 9.15 Publicity 18 9.16 Prohibition on Non-compete Restrictions 19 9.17 No Waiver of Sovereign Immunity 19 9.18 Entire Contract and Modification 19 9.19 Counterparts 19 9.20 Proper Authority 19 9.21 E-Verify Program 19 9.22 Civil Rights 19 9.23 System Agency Data 21 v. 2 16.1 Effective 03/26/2019 HHSC Grantee Uniform Terms and Conditions Page 3 of 21

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