Expert determination proceedings Clause Samples

Expert determination proceedings. 8.1 Save where the dispute relates to a matter of law or of the interpretation of this letter, any disputes in relation to the calculation of the Quarterly Turnover Rent or Yearly Turnover Rent under this letter are to be determined by an expert. 8.2 The expert is to be appointed by the Landlord and NEXT jointly or if there is no agreement on the appointment he is to be nominated by the President (or other acting senior officer for the time being) of a relevant professional body on the request of either the Landlord or NEXT. 8.3 The expert shall be instructed to act as an expert (and not as an arbitrator) and any dispute or question relating to his terms of reference shall be in his exclusive jurisdiction. 8.4 The expert is to be required to: 8.4.1 give notice to the Landlord and NEXT allowing each of them to submit to him within such reasonable time as he may stipulate representations on the relevant issue accompanied (if either of them so wish) by a statement of reasons and professional valuations or reports (as the case may be) of which copies are supplied at the same time to the other Party; and 8.4.2 permit each of the Landlord and NEXT to make, within a reasonable period, a submission in respect of the other’s reasons, valuations and reports provided under paragraph 8.4.1 and to comment on the submission of the other; but 8.4.3 neither the Landlord nor NEXT may without the consent of the other disclose to the expert correspondence or other evidence to which the privilege of non-production ("without prejudice") properly attaches. 8.5 The expert is not to be bound by any such submission and he may make his determination as he thinks fit and shall be instructed to give notice of such determination to the Landlord and NEXT in writing. 8.6 The determination of the expert is to be final and binding on the parties except in the case of manifest error. 8.7 The fees and expenses of the expert including the cost of his appointment or nomination as well as the Landlord's and NEXT's own costs with respect to the determination of the issue by the expert are to be borne either as to the whole or in the proportions as the expert determines (but in the absence of such a determination they are to be borne equally by the Landlord and NEXT) and: 8.7.1 the Landlord may pay the fees and expenses required to be borne by NEXT if they remain unpaid more than twenty-one (21) days after they become due and then recover them, and any expenses incurred in seeking recovery from ...
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Related to Expert determination proceedings

  • 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.

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).