Expert Determination Procedure Sample Clauses

Expert Determination Procedure. If no agreement is reached on the appointment of an expert within the period specified in Article 26, each Government shall forthwith exchange with the other a list of not more than three independent experts, putting them in order of preference. In each list, the first shall have three points, the second two points and the third one point. The expert having the greatest number of points from the two lists shall be appointed.
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Expert Determination Procedure. The Party wishing to refer a matter to an independent expert pursuant to a provision of this Agreement shall give written notice to that effect to the other Party giving details of the matters it wishes to refer to the expert (“Referral Notice”).
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Expert Determination Procedure. (a) Provided the parties are given the opportunity to put their position on the matter in dispute to the Expert, the Expert has absolute discretion to decide on the procedure to be followed, including whether a hearing is necessary, to resolve the Dispute. (b) In any event, the Expert must provide to the parties his written decision on the Dispute as soon as possible and no later than 20 Working Days after the Referral (or such other period as the parties may agree). Unless the parties otherwise agree, the Expert must give reasons for his decision. (c) The Expert's decision, in the absence of manifest error, will be final and binding on the parties. (d) The Expert must act impartially and may take the initiative in ascertaining the facts and the law. (e) The Expert may open up, review and revise any opinion, certificate, instruction, determination or decision of whatever nature given or made pursuant to the Agreement, provided that any such opinion, certificate, instruction, determination or decision is not final and conclusive in nature under the Agreement (unless the parties expressly agree otherwise in writing). (f) The Expert may appoint experts to advise on discrete technical or legal issues in relation to which, in the Expert's sole opinion, the Expert does not have the necessary expertise. (g) All information, data or documentation disclosed or delivered by a party to the Expert in consequence of or in connection with his appointment as Expert must be treated as confidential. All such information, data or documentation will remain the property of the party disclosing or delivering it and all copies will be returned to that party on completion of the Expert's work.
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Expert Determination Procedure. (Condition 59.10) Expert/Arbitral Tribunal should have an express power to amend the CfD. In relevant circumstances, an expert (and an arbitral tribunal) may need to amend the CfD in order to avoid legal frustration (e.g. under the Change in Applicable Law drafting) and should have the express power to do so.
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Expert Determination Procedure. (a) Provided the parties to the Dispute are given the opportunity to put their position on the matter in dispute to the Expert, the Expert h as a bso lute discretion to decide on the procedure to be followed, including whether a hearing is necessary, to resolve the Dispute. (b) In any event, the Expert must provide to the Referring Party and each o f the Responding Parties his written decision on the Dispute as soon as p o ssi b le and no later than 20 Working Days after the Referral (or such other period as the parties may agree). Unless the parties otherwise agree, the Expert must give reasons for his decision. (c) The Expert's decision, in the absence of manifest e rro r, will b e final and binding on the parties. (d) The Expert must act impartially and may take the initiative in ascertaining the facts and the law. (e) The Expert may open up, review and revise any opinion, certificate, instruction, determination or decision of wh atever nature given or made pursuant to the Agreement, provided that a ny su ch opinion, certificate, instruction, determination or decision is not final a nd conclusi ve i n nature under the Agreement (unless the parties expressly agree otherwise in writing). (f) The Expert may appoint experts to advise o n discre te technical o r legal issues in relation to which, in the Expert's sole opinion, the Expert d oes n ot have the necessary expertise. (g) All information, data or documentation disclosed or delivered by a party to the Expert in consequence of or in connection with his a ppointment a s Expert must be treated as confidential. All such information, data or documentation will remain the property of the party disclosing or delivering it and all copies will be returned to that party on completion of the Expert's work.
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Expert Determination Procedure. Any matter or dispute relating to the terms of the Profit Sharing Agreement for a given Natural Compound shall be referred to a person suitably qualified to determine that matter or dispute (an “Expert”) who shall be nominated […***…] of a written request by Firmenich to initiate the Experts’ decision procedure set out below.
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Expert Determination Procedure 
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Related to Expert Determination Procedure

  • Termination Procedure a. Upon termination of this Contract the DCYF, in addition to any other rights provided in this Contract, may require the Contractor to deliver to DCYF any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of Section (TREATMENT OF ASSETS) shall apply in such property transfer. b. DCYF shall pay to the Contractor the agreed upon price, if separately stated, for completed work and service(s) accepted by DCYF, and the amount agreed upon by the Contractor and DCYF for (i) completed work and service(s) for which no separate price is stated, (ii) partially completed work and service(s), (iii) other property or services which are accepted by DCYF, and (iv) the protection and preservation of property, unless the termination is for default, in which case DCYF and Contractor may agree to the extent of the liability of DCYF. Failure to agree to the extent of the liability shall be a dispute within the meaning of Section (DISPUTES) of this Contract. DCYF may withhold from any amounts due the Contractor such sum as DCYF determines to be necessary to protect DCYF against potential loss or liability. c. The rights and remedies of DCYF provided in this Section (TERMINATION PROCEDURE) shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. d. After receipt of a notice of termination, and except as otherwise directed by DCYF, the Contractor shall: (1) Stop work under the contract on the date, and to the extent specified, in the notice; (2) Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract as is not terminated; (3) Assign to DCYF, in the manner, at the times, and to the extent directed by DCYF, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case DCYF has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (4) Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of DCYF to the extent DCYF may require, which approval or ratification shall be final for all the purposes of this clause; (5) Transfer title to DCYF and deliver in the manner, at the times, and to the extent directed by this Contract or by DCYF any property which, if the contract had been completed, would have been required to be furnished to DCYF; (6) Complete performance of such part of the work as shall not have been terminated by DCYF; and (7) Take such action as may be necessary, or as DCYF may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which DCYF has or may acquire an interest.

  • Escalation Procedure Tentative Rates for those species and products listed in A4a are subject to quarterly escalation in accordance with the following pro- cedures: The calendar quarter index average for each price index described in A5 is the arithmetic average of the three such monthly price indices preceding January 1, April 1, July 1, and October 1. The difference between calendar quarter index average and Base Index listed in A4a shall be the basis for quarterly escalation. To arrive at Current Contract Rates for timber Scaled during the preceding calendar quarter, Tentative Rates for each species shall be reduced or increased by such difference, except when the calendar quarter index average is: (a) Less than the Base Index, the reduction shall not result in a rate below Base Rate or (b) Greater than the Base Index, the increase shall not exceed the difference between Tentative Rate and Base Rate. In the event of Contract Term Extension, the escala- tion procedure will be used during the extension period, except that adjusted payment rates for any calendar quar- ter cannot be less than Tentative Rates, for each species and product group, established under B8.23 for the ex- tension period.

  • Dispute Procedure (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below: (a) The General Secretary of the Council shall, after consultation with the Secretary of any relevant Regional Chamber, decide whether any dispute referred to the Council must be dealt with by the Council or the Regional Chamber. (b) The Council shall, from time to time, adopt, by resolution, guidelines for the General Secretary of the Council to follow in the allocation of such disputes. (c) When any dispute is allocated to a Regional Chamber in terms of this clause, then such Regional Chamber shall have the same rights, powers and obligations as the Council.

  • Arbitration Procedure The following procedures shall govern the conduct of any arbitration under this section. All procedural matters relating to the conduct of the arbitration other than those specified below shall be discussed among counsel for the parties and the arbitrator. Subject to any agreement of the parties, the arbitrator shall determine all procedural matters not specified herein. (a) Within 30 days after the delivery of a Notice of Arbitration, each party shall afford the other, or its counsel, with reasonable access to documents relating directly to the issues raised in the Notice of Arbitration. All documents produced and all copies thereof shall be maintained as strictly confidential, shall be used for no purpose other than the arbitration hereunder, and shall be returned to the producing party upon completion of the arbitration. There shall be no other discovery except that, if a reasonable need is shown, limited depositions may be allowed in the discretion of the arbitrator, it being the expressed intention and agreement of each party to have the arbitration proceedings conducted and resolved as expeditiously, economically and fairly as reasonably practicable, and with the maximum degree of confidentiality. (b) All written communications regarding the proceeding sent to the arbitrator shall be sent simultaneously to each party or its counsel, with a copy to the Additional Notice Parties. Oral communications between any of the parties or their counsel and the arbitrator shall be conducted only when all parties or their counsel are present and participating in the conversation. (c) Within 20 days after selection of the arbitrator, the Claimant shall submit to the arbitrator a copy of the Notice of Arbitration, along with a supporting memorandum and any exhibits or other documents supporting the Claim. (d) Within 20 days after receipt of the Claimant’s submission, the Opposing Party shall submit to the arbitrator a memorandum supporting its position and any exhibits or other supporting documents. If the Opposing Party fails to respond to any of the issues raised by the Claimant within 20 days of receipt of the Claimant’s submission, then the arbitrator may find for the Claimant on any such issue and bar any subsequent consideration of the matter. (e) Within 20 days after receipt of the Opposing Party’s response, the Claimant may submit to the arbitrator a reply to the Opposing Party’s response, or notification that no reply is forthcoming. (f) No later than twenty (20) days prior to the hearing date scheduled by the arbitrator each party shall provide the other, and the arbitrator, with a list and copies of the documents upon which they may rely and/or submit as exhibits at the hearing and a list of the witnesses they may present, with a reasonably detailed summary of the testimony that each witness may give. (g) Within 10 days after the last submission as provided above, the arbitrator shall notify the parties and the Additional Notice Parties of the date of the hearing on the issues raised by the Claim. Scheduling of the hearing shall be within the sole discretion of the arbitrator, but in no event more than 30 days after the last submission by the parties, and shall take place within 50 miles of the corporate headquarters of the Company at a place selected by the arbitrator or such other place as is mutually agreed. Both parties shall be granted substantially equal time to present evidence at the hearing. The hearing shall not exceed one business day, except for good cause shown. (h) Within 30 days after the conclusion of the hearing, the arbitrator shall issue a written decision to be delivered to both parties and the Additional Notice Parties (the “Final Determination”). The Final Determination shall address each issue disputed by the parties, state the arbitrator’s findings and reasons therefor, and state the nature and amount of any damages, compensation or other relief awarded. (i) The award rendered by the arbitrator shall be final and non-appealable, except as otherwise provided under the applicable Arbitration Act, and judgment may be entered upon it in accordance with applicable law in such court as has jurisdiction thereof.

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