Common use of Expert Determination Clause in Contracts

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx Agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx Agreed upon and appointed jointly by the Council and the Developer; or (bii) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (ivd) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (ve) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 10.5, the dispute may, by agreement between the Partiesparties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i1) The the dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx agreed upon and appointed jointly by the Council and the Developer; or (b) In in the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (ii2) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iii3) The the determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (iv4) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (v5) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi6) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx Agreed upon and appointed jointly by the Council and the DeveloperDevelopers; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (ax) Xxxxxx upon and appointed jointly by the Council and the Developerparties; orand (bii) In the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5 or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days10 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 15 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 10.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx Agreed upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an and equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement Deed by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 9.3 or 11.5 9.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s 's fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement Deed by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx Agreed upon and appointed jointly by the Council and the DeveloperParties; or (bii) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iiic) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (d) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (ve) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South WalesNSW; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clauseclause 10.6; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; andby (vif) Any any determination made by an expert pursuant to this clause 10.6 is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South WalesNSW; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clauseclause 10.6; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause 10.6 is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx : Agreed upon and appointed jointly by the Council and the Developerparties; or (b) provided that In the event that no agreement is reached or no appointment is made within 30 business days, 20 Business Days of the agreement to refer the dispute to an expert; then appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where parties unless: Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or The determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 9.3 or 11.5 clause 9.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (i1) The dispute must be determined by an independent expert in the relevant field: (ax) Xxxxxx upon and appointed jointly by the Council and the Developerparties; orand (b) In the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (ii2) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iii3) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (iv4) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (v5) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vi6) Any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (a) Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (b) The determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx : Agreed upon and appointed jointly by the Council parties; and the Developer; or (b) In the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or The determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute Dispute is not resolved under clause 11.3 15.3 or 11.5 clause 15.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to a qualified expert if the Parties to the Dispute agree that it can be so determined, in which event: (ia) The dispute A Dispute to which this clause applies, must be determined by an independent expert in the relevant field: (ax) Xxxxxx upon and appointed jointly by the Council and the Developerparties; orand (bii) In the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this Agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (a) i. Xxxxxx upon and appointed jointly by the Council and the Developerparties; orand (b) ii. In the event that no agreement is reached or no appointment is made within 30 business days10 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: i. Within 10 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or ii. The determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 12.3 or 11.5 12.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx Agreed upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement Deed by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. ‌ If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field:field:‌ (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days10 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 15.3 or 11.5 15.5, the dispute may, by agreement between the Partiesall parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the DeveloperParties; or (bii) In in the event that no agreement is reached or appointment made within 30 business days20 Business Days, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where the determination is in respect of, or relates to, termination or purported termination of this Planning Agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party party may commence litigation in relation to the dispute if it has not been resolved within 20 business days Business Days of the expert giving his or her decision.

Expert Determination. If a Determination Notice is issued under clause 10.4 or the parties otherwise agree that the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 clause 11.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 12.3 or 11.5 clause 12.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Partyparty, in which event the expert is deemed to be giving a non-non- binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 10.5, the dispute may, by agreement between the Partiesparties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i1) The the dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx agreed upon and appointed jointly by the Council and the DeveloperProponent; or (b) In in the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (ii2) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iii3) The the determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (iv4) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (v5) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi6) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an and equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement Deed by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-non- binding appraisal and any Party may commence litigation in relation to appraisal; or (iii) there is fraud or misfeasance by the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionexpert.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) : The dispute must be determined by an independent expert in the relevant field: (a) : Xxxxxx upon and appointed jointly by the Council and the Developer; or (b) or In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) ; The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) ; The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) ; The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) ; Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi) and Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 clause 10.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to appraisal; or (iii) there is fraud or misfeasance by the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionexpert.

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx Agreed upon and appointed jointly by the Council and the Developer; or (bii) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (iib) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iiic) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (ivd) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (ve) Each Party will bear its own costs in connection with the process and the determination by the expert together with an and equal proportion of the expert’s fees and costs; and (vif) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 14.3 or 11.5 clause 14.5, or the parties otherwise agree that the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, may be resolved by expert determination, the parties may refer the dispute to an expert, in which event: (ia) The the dispute must be determined by an independent expert in the relevant field: (ai) Xxxxxx agreed upon and appointed jointly by the Council and the Developerparties; orand (bii) In in the event that no agreement is reached or no appointment is made within 30 business days20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of and will share equally the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where unless: (i) within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-non- binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decisionappraisal.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 10.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx Agreed upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales;. (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause;. (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination;. (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice;. (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an and equal proportion of the expert’s fees and costs; and. (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement Deed by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 9.3 or 11.5 9.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (i) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx Agreed upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement Deed by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 10.3 or 11.5 10.5, the dispute may, by agreement between the Partiesparties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event:; (i1) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx agreed upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (ii2) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iii3) The the determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (iv4) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (v5) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi6) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. If the dispute is not resolved under clause 11.3 9.3 or 11.5 9.5, the dispute may, by agreement between the Partiesparties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx a. agreed upon and appointed jointly by the Council and the Developer; or (b) In b. in the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party party by the then current President of the Law Society of New South Wales; (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (iiic) The the determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination; (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice; (ve) Each Party each party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Partyparty, in which event the expert is deemed to be giving a non-binding appraisal and any Party party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. ‌ If the dispute is not resolved under clause 11.3 9.4 or 11.5 9.6 the dispute may, by agreement between the Partiesparties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event: (ia) The dispute must be determined by an independent expert in the relevant field: (a) Xxxxxx i. agreed upon and appointed jointly by the Council and the Developer; or (b) In ii. in the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales;. (iib) The the expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause;. (iiic) The the determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing contain the reasons for the determination;. (ivd) The the expert will determine the rules for the conduct of the conduct for the process, process but must conduct the process in accordance with the rules of natural justice;. (ve) Each each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vif) Any any determination made by an expert pursuant to this clause is final and binding upon the Parties parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.